By Dave Workman
Editor-in-Chief
The Second Amendment Foundation on Thursday provided an update on the timing of its case, Viramontes v. Cook County—the challenge of that county’s ban on so-called “assault weapons”—on social media, and the process starts moving late next month.
Originally filed in August 2021, the case has become one of the most closely-watched rifle ban challenges in the country since it was granted certiorari by the Supreme Court. SAF was joined by the Firearms Policy Coalition and three private citizens, Cutberto Viramontes, Rubi Joyal and Christopher Khaya, all Cook County residents. They are represented by attorneys David H. Thompson, Peter A. Patterson and William V. Bergstrom with Cooper & Kirk, PLLC, Washington, D.C.
The question asked in the petition is simple, whether the Second and Fourteenth Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles.
According to Bill Sack, SAF senior director of Legal Operations, the timing of oral arguments will “likely be November or December.” First comes the process.
The court’s deadline for submitting its brief is Aug. 28. Cook County’s response is due Oct. 21. In the meantime, Sack noted that the deadline for submitting amicus briefs—there are bound to be several, on both sides of the argument—is one week after the Aug. 28 opening brief deadline.
In all likelihood, the Viramontes case will be consolidated with the other semi-auto ban case accepted for review by the court. That case is known as Grant v. Higgins, challenging the state ban in Connecticut. Alan Gottlieb, SAF founder and executive vice president, said a decision in this case could cover both bases—state and local prohibitions—which could have a significant nationwide impact.
The high court has been nudging around the edges of the Second Amendment ever since handing down the 2008 Heller ruling, which struck down the handgun ban in the District of Columbia. Two years later, the court issued the McDonald ruling in another SAF case, striking down Chicago’s handgun ban and incorporating the Second Amendment to the states via the 14th Amendment.
It would not be for another 12 years before the court would hand down a major Second Amendment ruling, this one striking down the “good cause” mandate for concealed carry licensing in New York.
The court then rejected an effort by the Citizens Committee for the Right to Keep and Bear Arms and others to challenge the semi-auto ban in Maryland, with a hint that a ban would be probably considered within the following two court terms.
That time has come.
Sack suggested the ruling on semi-auto bans would not likely come until next year, at the end of the next term. The court traditionally holds all the most controversial decisions until the final one or two days of the session.
