Wilson v. Cook County
407 Ill. App. 3d 759
Ill. App. Ct.2011Background
- Cook County Blair Holt Assault Weapons Ban (Ordinance No. 06-O-50, amended 2006) bans certain assault weapons and large-capacity magazines.
- Plaintiffs sought declaratory judgment and injunctive relief challenging the Ordinance as unconstitutional under the Illinois and U.S. constitutions.
- Trial court dismissed the amended complaint under section 2-615, finding the Ordinance not vague or overbroad and not violating due process, equal protection, or the Second Amendment.
- Appellate court affirmed, adopting Heller v. District of Columbia and McDonald v. City of Chicago developments to evaluate Second Amendment challenges.
- Supreme Court decision in McDonald prompted supervisory order requiring reconsideration; court ultimately affirmed the trial court’s dismissal of remaining counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Second Amendment scope and challenge standard | Wilson argues the Ordinance burdens core Second Amendment rights requiring strict scrutiny. | Cook County contends intermediate scrutiny applies because the restrictions target weapons not in common use. | Intermediate scrutiny applies. |
| Vagueness and overbreadth | Ordinance is vague and overbroad, banning commonly owned firearms. | Ordinance provides objective, enforceable criteria and is tailored to protect public safety. | Not vague or overbroad; properly tailored. |
| Equal protection | Disparate treatment of similarly owned firearms violates equal protection. | No suspect class; classifications reasonably related to public safety. | No equal protection violation. |
| Waiver of scienter/Illinois constitutional claims | Arguments on scienter and Illinois Constitution were raised on appeal. | Issues waived under Rule 341(h)(7). | Waived. |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (2008) (establishes core Second Amendment right to bear arms for self-defense in the home and limits on prohibitions)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporates Second Amendment right to bear arms against the states)
- Marzzarella v. United States, 614 F.3d 85 (3d Cir. 2010) (second amendment challenges may be evaluated under intermediate scrutiny depending on the law)
- Skoien v. United States, 614 F.3d 638 (7th Cir. 2010) (applies intermediate scrutiny to firearm restrictions)
- United States v. Fincher, 538 F.3d 868 (8th Cir. 2008) (assault weapons may be restricted; court cites Heller framework)
- Nordlinger v. Hahn, 505 U.S. 1 (1992) (equal protection limits rational basis scrutiny to non-suspect classifications)
- Pooh Bah Enterprises, Inc. v. City of Chicago, 224 Ill. 2d 390 (2006) (limits on overbreadth doctrine outside First Amendment context debated in Illinois)