Naperville gun shop owner takes his case against state ban to U.S. Supreme Court
A Naperville gun shop owner has taken his case against the state's ban on certain high-powered weapons to the U.S. Supreme Court.
The filing on Wednesday comes after the 7th U.S. Circuit Court of Appeals in Chicago on April 18 denied an injunction request to halt the ban from Robert Bevis, who owns Law Weapons & Supply, while he appeals a ruling by U.S. District Judge Virginia Kendall that found the ban "constitutionally sound."
Bevis, in conjunction with the National Association for Gun Rights, now asks for the country's highest court for the emergency injunction, while also arguing that the state ban is unconstitutional.
"This is an exceedingly simple case," Wednesday's filing says. "The Second Amendment protects arms that are commonly possessed by law-abiding citizens for lawful purposes, especially self-defense in the home." And the filing argues that no government - either the City of Naperville or the state of Illinois - can therefore prohibit anybody from possessing guns and ammunition, including those in the state's ban.
The filing also argues, as Bevis' lawyers have in filings with the lower courts, that his business has suffered because of the ban and might end up closing if it can't sell the popular guns.
"Plaintiffs are applying for emergency relief because they are suffering much more than intangible harm to constitutional rights," the filing says. "Respondents are literally destroying Mr. Bevis's livelihood, because the challenged laws are forcing Law Weapons, Inc. ("LWI") out of business."
Bevis' lawyers have cited earlier Supreme Court rulings that weapons must be found to be "dangerous and unusual" to be banned.
Illinois banned the sale of military-style weapons and high-capacity magazines in a bill signed by Gov. J.B. Pritzker on Jan. 10. It requires that anyone who already owned such a weapon to register it with the Illinois State Police. Bevis' lawsuit is just one of several seeking to overturn the state ban.
• The Chicago Sun-Times has contributed to this report.