Wilson v. Cook County

Illinois Appellate Court
Civil Court
Municipal Law
Citation
Case Number: 
No. 1-08-1202
Decision Date: 
Wednesday, February 9, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
MURPHY
Plaintiffs filed declaratory judgment action seeking declaration that Blair Assault Weapons Ban, a Cook County ordinance, was unconstitutional. Upon reconsideration of its prior judgment, in light of recent U.S. Supreme Court decision in McDonald v. City of Chicago, court affirmed its dismissal of the remaining counts in Plaintiffs' complaint. Ordinance is sufficiently detailed and substantially related to an important government objective; it is a ban on a subcategory of dangerous and unusual weapons, specifically identified and beyond ordinary handguns used for self-defense. Ordinance is sufficiently tailored and not impermissibly valgue even though it is broadly drawn; it is limited in restriction to certain rapid-firing or high-capacity arms. Insufficient facts alleged to show that Ordinance violates equal protection. (QUINN and NEVILLE, concurring.)