Javier Herrera v. Kwame Raoul, Attorney General of Illinois, et al.
SecondAmendment JusticiabilityDoctri
Whether semiautomatic rifles and standard magazines are protected 'Arms' under the Second Amendment
QUESTIONS PRESENTED In District of Columbia v. Heller, 554 U.S. 570 (2008), this Court held that the Second Amendment “surely elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.” Id. at 635. This Court remarked that it was “bordering on the frivolous” to argue “that only those arms in existence in the 18th century are protected by the Second Amendment.” Jd. at 582. Then in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), the Court again confirmed that the “arms” that the Second Amendment protects “covers modern instruments that facilitate armed selfdefense.” Id. at 28. Against those decisions, the State of Illinois, Cook County, and the City of Chicago banned commonly owned semiautomatic rifles and standard magazines in law-abiding Illinois citizens’ homes. The questions presented are: Whether semiautomatic rifles and _ standard handgun and rifle magazines do not count as “Arms” within the ordinary meaning of the Second Amendment’s plain text. Whether there is a broad historical tradition of States banning protected arms and_ standard magazines from law-abiding citizens’ homes.