Matthew D. Wilson, et al. v. Cook County, Illinois, et al.
SecondAmendment JusticiabilityDoctri
Whether the Second Amendment allows a local government to prohibit law-abiding residents from possessing and protecting themselves with a class of rifles and magazines that are 'in common use' and not 'dangerous and unusual'
QUESTIONS PRESENTED This Court has held that the Second Amendment “suarantee[s] the individual right to possess and carry weapons in case of confrontation.” District of Columbia v. Heller, 554 U.S. 570, 592 (2008). Cook County, Illinois, prohibits its residents from possessing a class of rifles and magazines that are among the most commonplace in the United States. The questions presented are: 1. Whether the Second Amendment to the United States Constitution allows a local government to prohibit law-abiding residents from possessing and protecting themselves and their families with a class of rifles and ammunition magazines that are “in common use at [this] time” and are not “dangerous and unusual.” 2. Whether the Seventh Circuit’s method of analyzing Second Amendment issues — a three-part test which asks whether (1) a regulation bans weapons that were common at the time of ratification or (2) those that have some reasonable relationship to the preservation or efficiency of a well-regulated militia and (8) whether law-abiding citizens retain adequate means of self-defense — is consistent with this Court’s holding in Heller.