New Declarations Aim to Keep Cook County AR-15 Ban Case Alive

The Second Amendment Foundation and Firearms Policy Coalition have filed sworn declarations with the Supreme Court opposing Cook County, Illinois's bid to dismiss Viramontes v. Cook County, arguing the AR-15 ban case remains a live constitutional dispute despite the lead plaintiff's withdrawal.

Snapshot

Cook County asked the Supreme Court on November 5 to dismiss the case after lead plaintiff Cutberto Viramontes sought to withdraw, arguing the remaining plaintiff's interest in a different rifle platform weakens the challenge. SAF and FPC responded on November 11 with new declarations showing remaining challengers still want to possess AR-15s and similar semiautomatic rifles banned by the county, keeping the case alive ahead of December 2 oral arguments.

Key points

• New declarations: Remaining petitioner Christopher Khaya stated he would acquire and possess an AR-15 platform rifle in Cook County if the ban did not prohibit it, beyond his original interest in an IMI Galil.
• Additional plaintiff injury: Cook County resident and SAF/FPC member Ed Smolen declared he has owned an AR-15 since 2011 but keeps it outside Illinois, and would possess it at his Elmwood Park home for self-defense if allowed.
• County's contradiction cited: SAF and FPC argue Cook County has previously grouped AR-15s, AK-47s, and Galils together as "assault weapons" for regulation but now claims they're legally distinct for standing purposes.
• Case stays on track: Oral arguments remain scheduled for December 2, consolidated with Grant v. Higgins challenging Connecticut's semiautomatic rifle restrictions, with the U.S. Solicitor General granted participation.

Quick take

SAF Executive Director Adam Kraut said the organization expects the Court to keep Viramontes alive, but noted Grant v. Higgins ensures the constitutional question reaches the justices regardless of the outcome on dismissal. The dispute over Khaya's rifle preferences looks procedural, but it's really about whether Cook County can avoid review of a ban it has defended for five years.

Read the full story: ammoland.com