Viramontes v. The County of Cook

Viramontes v. The County of Cook

United States Court of Appeals for the Seventh Circuit

Filed: August 27, 2021

Status: Active

In 2006, Cook County, IL enacted an Assault Weapons Ban and in July of 2013 revised it. The County’s Ordinance bans the possession of commonly possessed semi-automatic firearms categorized as an “assault weapon.” The Ordinance defines “assault weapons” to include, among other things, semi-automatic rifles with the capacity to accept a detachable magazine coupled with which had any number of certain characteristics, such as a pistol grip, telescoping stock, or muzzle brake, which are commonly possessed throughout the United States for lawful purposes.

Cook County’s Ordinance violates the Second Amendment rights of its residents by denying them the ability to acquire and keep arms that are in common use for lawful purposes. The Government cannot ban those arms simply because they do not like the features that they may possess, particularly since they are not dangerous and unusual. 

On August 27, 2021, the Second Amendment Foundation filed suit, along with another civil rights organization, and three individuals. The lawsuit asks a federal court to declare that the ban violates the Second and Fourteenth Amendments and enjoin the Defendants from enforcing the ban. 

Case Team: David Sigale, David Thompson, Peter Patterson, Will Bergstrom

Case Documents


To access all of the case documents at the District Court, please visit the docket.

To view documents filed on appeal, please visit the Court of Appeals docket.

Case Media