No. 19-704

Matthew D. Wilson, et al. v. Cook County, Illinois, et al.

Lower Court: Seventh Circuit
Docketed: 2019-12-03
Status: Denied
Type: Paid
Amici (1)Relisted (7)
Tags: 2nd-amendment civil-rights common-use common-use-test due-process firearms-regulation heller heller-precedent local-government-restriction second-amendment self-defense standing takings
Key Terms:
SecondAmendment JusticiabilityDoctri
Latest Conference: 2020-06-11 (distributed 7 times)
Question Presented (AI Summary)

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'

Question Presented (OCR Extract)

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.

Docket Entries

2020-06-15
Petition DENIED.
2020-06-08
DISTRIBUTED for Conference of 6/11/2020.
2020-06-01
DISTRIBUTED for Conference of 6/4/2020.
2020-05-22
DISTRIBUTED for Conference of 5/28/2020.
2020-05-18
DISTRIBUTED for Conference of 5/21/2020.
2020-05-11
DISTRIBUTED for Conference of 5/15/2020.
2020-04-27
DISTRIBUTED for Conference of 5/1/2020.
2020-02-19
DISTRIBUTED for Conference of 3/6/2020.
2020-02-17
Reply of petitioners Matthew D. Wilson, et al. filed. (Distributed)
2020-02-03
Brief of respondents Cook County, et al. in opposition filed.
2020-01-02
Brief amicus curiae of Commonwealth Second Amendment, Inc. filed.
2019-12-18
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2020.
2019-12-16
Motion to extend the time to file a response from January 2, 2020 to February 3, 2020, submitted to The Clerk.
2019-11-27
Petition for a writ of certiorari filed. (Response due January 2, 2020)

Attorneys

Commonwealth Second Amendment, Inc.
John Steven FoleyLaw Office of J. Steven Foley, Amicus
John Steven FoleyLaw Office of J. Steven Foley, Amicus
Cook County, et al.
Jessica Megan SchellerOffice of the Cook County State's Attorney, Respondent
Jessica Megan SchellerOffice of the Cook County State's Attorney, Respondent
Paul Anthony CastiglioneCook County State, Respondent
Paul Anthony CastiglioneCook County State, Respondent
Matthew D. Wilson, et al.
David G. SigaleLaw Firm of David G. Sigale, P.C., Petitioner
David G. SigaleLaw Firm of David G. Sigale, P.C., Petitioner