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Bevis v. City of Naperville, Illinois

05.10.23

Defending Illinois’s law restricting assault weapons and large-capacity magazines and similar local ordinance.

Court: Seventh Circuit

Issues at Stake: Assault weapons; Large-capacity magazines

Summary: Bevis v. City of Naperville is a Second Amendment challenge to two laws—Illinois’s law restricting assault weapons and large-capacity magazines, and Naperville’s ordinance restricting the sale of assault weapons.

Everytown filed an amicus brief in the Seventh Circuit arguing that the laws are constitutional under the approach to Second Amendment cases set out in New York State Rifle & Pistol Ass’n v. Bruen. It explains that the plaintiffs failed to establish that the Second Amendment’s plain text covers assault weapons and large-capacity magazines. The brief further argues that the court should center its historical analysis on 1868 as opposed to 1791, and should also consider earlier and later laws. Finally, the brief explains that even a small number of laws can be sufficient to establish a tradition of firearm regulation under Bruen

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