The Illinois Supreme Court allows a lawsuit challenging the constitutionality of Cook County’s assault weapons ban to proceed. in Wilson v. County of Cook, 2012 IL 112026, Cook County’s longstanding ban on so-called, “assault weapons” was challenged on the basis of three arguments: 1) that the ordinance was unconstitutionally vague, 2) that the ordinance violates the plaintiffs’ constitutional right to bear arms under the Second Amendment and 3) the ordinance violates the Equal Protection clause of the U.S. Constitution.
In Wilson, the IL Supreme Court affirmed the lower courts’ dismissal of the Plaintiif’s complaint on the grounds that the ordinance was not unconstitutionally vague and did not violate the Equal Protection clause. However, the court did reverse the lower courts’ dismissal on the basis that Cook County failed to show that the assault weapons banned by its ordinance fall outside the scope of the rights protected by the Second Amendment.
This means that the Plaintiffs in this case can proceed with their lawsuit challenging the constitutionality of Cook County’s Assault Weapons ban on the basis that the ordinance infringes upon the Second Amendment rights of Cook County residents.