DOJ Amicus Brief: Federal Government Opposes Illinois AWB

On June 13, 2025, the U.S. Department of Justice filed an amicus curiae brief in the Seventh Circuit supporting the plaintiffs challenging Illinois's Protect Illinois Communities Act (PICA).^[1]

Contents of the Brief

The DOJ brief advanced several arguments against Illinois's assault weapons and large-capacity magazine bans:

Common use. The brief argued that Illinois outlawed some of the most commonly used rifles and magazines in America, called the AR-15 the most popular rifle in the country, and argued that the Act violates the Second Amendment by banning firearms in common use by law-abiding citizens for lawful purposes.
Historical tradition: The DOJ contended that the historical record does not support banning entire categories of arms that are commonly possessed by Americans. The brief argued that the purported militaristic character of a weapon does not by itself justify prohibiting it.
Magazine limits. The brief argued that the Act also violates the Second Amendment by banning magazines and other firearm attachments in common use by law-abiding citizens for lawful reasons, and noted that many so-called large-capacity magazines are standard issue for many firearms.

The brief was filed in the consolidated Seventh Circuit proceeding that included Barnett v. Raoul, Harrel v. Raoul, Langley v. Kelly, and Federal Firearms Licensees of Illinois v. Pritzker.^[1]

Significance

The United States participated as amicus curiae rather than as a party to the case.

Broader Federal Context

The DOJ filing in Barnett is part of a broader shift in federal firearms policy. The DOJ opposed Illinois's ban, and ATF said its enforcement focus was on willful violators and criminal actors rather than inadvertent compliance issues by responsible owners and licensees. ^[2]

Reactions

Illinois Attorney General Kwame Raoul, a defendant-appellant in the consolidated appeal, defended the Act.^[5]

Impact on Pending Litigation

Oral argument took place on September 22, 2025, approximately three months after the brief was filed. On July 9, 2026, the Seventh Circuit ruled 2-1 against the position the DOJ supported, upholding PICA and reversing the district court judgments. Supreme Court review of the underlying question is already underway in Viramontes v. Cook County, consolidated with Grant v. Higgins, in which the Court scheduled argument for December 2, 2026 after granting certiorari on June 30, 2026 on whether the Second and Fourteenth Amendments guarantee the right to possess AR-15 platform and similar semiautomatic rifles.^[3]