CGF Applauds United States’ Amicus Brief Supporting the Second Amendment in Barnett v. Raoul

SACRAMENTO – Today, California Gun Rights Foundation (CGF) Executive Director Michael Schwartz issued the following statement in response to the amicus curiae brief filed by the United States Department of Justice in Barnett v. Raoul, urging the Seventh Circuit to uphold the district court’s injunction against Illinois’ sweeping “assault weapon” ban:

“For far too long, this right has been neglected, misunderstood, and mistreated in our courts. The United States’ brief in Barnett affirms what millions of Americans already know: The Second Amendment protects arms that are commonly owned and used by peaceable people.”

In its 34-page brief, the United States correctly states that AR-15s and similar firearms are plainly “arms” under the Constitution and are used by peaceable people. While the brief occasionally frames the right as limited to “law-abiding” individuals, the broader thrust of its argument affirms that the right to keep and bear arms is not a conditional privilege, it is a fundamental liberty. The Government’s brief criticizes the flawed logic of prior circuit decisions, such as the Seventh Circuit’s own opinion in Bevis v. Naperville, that treats “militaristic” features as grounds for disqualification under the Second Amendment.

“This is a serious and much-needed course correction,” Schwartz continued. “The brief lays out a strong and historically grounded argument that reinforces what the Supreme Court said in Heller, McDonald, and Bruen. Rights don’t evaporate just because they become disfavored among certain groups of people.”

CGF has long argued that the so-called “assault weapon” bans are not just bad policy, but flatly unconstitutional. With active litigation in California in Miller v. Bonta and support for allied cases nationwide, CGF continues to challenge these laws that criminalize ordinary peaceable Americans for exercising a fundamental right.

“The Justice Department got this one right,” Schwartz concluded. “We welcome this brief as a powerful signal that the Second Amendment deserves the same fidelity and protection as any other civil right. We hope the Seventh Circuit and every other court in the nation will finally begin to follow suit.”

To learn more about CGF’s litigation and advocacy work, visit www.cagunrights.org.