Bevis v. City of Naperville: What You Need to Know

The 7th Circuit Court of Appeals is set to hear oral arguments in Bevis v. City of Naperville tomorrow in Chicago. How the court decides will determine whether or not Illinois’ law to restrict assault weapons and large-capacity magazines will stand – here’s what you need to know about the case, and what’s at stake.

What is This Case About?

Bevis centers on a Second Amendment challenge to the State of Illinois’ recently enacted law restricting assault weapons and large-capacity magazines. The law was passed in the wake of the tragic mass shooting in Highland Park, Illinois, where seven people were shot and killed and an additional 48 people were wounded at a July Fourth parade by a shooter using an assault weapon and a high capacity magazine. The case also involves challenges to similar local ordinances in Chicago, Naperville and Cook County.

What is the Legal Precedent for a Case Like This?

Bevis marks the first new challenge to a prohibition on assault weapons or large-capacity magazines to reach a federal appeals court since the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen last year. Prior to the Court’s decision in Bruen, appellate courts, including the Seventh Circuit, repeatedly ruled that restrictions on assault weapons and large-capacity magazines are constitutional.

As the overwhelming majority of federal district courts have ruled since Bruen, restrictions on assault weapons and large-capacity magazines continue to be consistent with the Second Amendment. The 7th Circuit should uphold Illinois’ law. 

What Happens if the 7th Circuit Strikes Down Illinois’ Assault Weapons Law?

If the 7th Circuit rules that Illinois’ law is unconstitutional, Illinois’ law, as well as the similar local ordinances, would be invalidated, putting the safety of Illinois residents at risk. 

From 2015 to 2022, shootings with four or more people killed where assault weapons were used resulted in six times as many people shot, more than twice as many people killed, and 23 times as many people wounded per incident, on average. Additionally, since 2015, eight of the ten deadliest mass shooting incidents involved an assault weapon and a large-capacity magazine. Last year, seven people were killed and 48 more were wounded during a mass shooting at an Independence Day parade in Highland Park, Illinois. The gunman used an assault weapon and a large-capacity magazine. The mass shooting in Highland Park is one of the two deadliest mass shootings in state history.

Are There Other Cases Pending on Assault Weapons and/or Large-Capacity Magazines?

Yes. Across the nation, the gun industry and gun extremists are challenging these life-saving laws in the courts. In addition to the 7th Circuit’s case on Illinois’ law, there are pending federal appeals court cases in:

• 1st Circuit Court of Appeals, regarding Rhode Island’s law restricting large-capacity magazines
• 3rd Circuit Court of Appeals, regarding Delaware’s law restricting assault weapons and large-capacity magazines
• 4th Circuit Court of Appeals, regarding Maryland’s law restricting assault weapons
• D.C. Circuit Court of Appeals, regarding Washington, D.C.’s law restricting large-capacity magazines

Could the Supreme Court’s Decision in Bruen Last Year Impact the Decision?

Yes. Bevis marks the first new case surrounding restrictions on assault weapons and large-capacity magazines to reach a federal appeals court since last year’s Bruen decision unleashed Second Amendment chaos throughout the country. 

To date, 10 states and Washington, D.C. have enacted laws to prohibit assault weapons, and 14 states and Washington, D.C. have enacted laws to prohibit large-capacity magazines. These laws were repeatedly upheld by federal courts in the fourteen years between the U.S. Supreme Court’s 2008 decision in District of Columbia v. Heller, which first held that there is an individual right under the Second Amendment, and its Second Amendment decision last June in New York State Rifle & Pistol Ass’n v. Bruen. Since Bruen, we have seen renewed gun-lobby challenges to assault weapon and large-capacity magazine laws in courts throughout the country, both to previously existing laws and to newly enacted measures like in Illinois’ law. 

Courts so far have largely rejected these Second Amendment challenges—including two of the three federal district courts to assess the constitutionality of Illinois’ law. The appeals court in this case ruled last month that Illinois’ law remains in effect pending the result of the current appeal. And the U.S. Supreme Court likewise recently rejected plaintiffs’ efforts to cut short the appeals process and halt the law before the 7th Circuit could give it full consideration.   

The 7th Circuit’s decision in this case – expected in the coming months – will be a critical indicator of whether or not the Bruen decision has caused even more chaos in the courts.