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
Latest Conference: 2020-06-11 (distributed 7 times)
Question Presented (from Petition)

This Court has held that the Second Amendment
"guarantee[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 (3) whether law-abiding citizens retain
adequate means of self-defense - is consistent
with this Court's holding in Heller.

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'

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
Cook County, et al.
Jessica Megan SchellerOffice of the Cook County State's Attorney, Respondent
Paul Anthony CastiglioneCook County State, Respondent
Matthew D. Wilson, et al.
David G. SigaleLaw Firm of David G. Sigale, P.C., Petitioner