Wilson v. Cook County

Summary

The Seventh Circuit affirmed dismissal of a Second Amendment challenge to Cook County's ban on assault weapons and large-capacity magazines, holding that its prior decision in *Friedman v. City of Highland Park* (7th Cir. 2015) was controlling. The court rejected plaintiffs' argument that they were entitled to develop a factual record distinguishing Cook County from Highland Park, because *Friedman*'s analysis did not turn on locality-specific crime statistics or demographics. Applying principles of stare decisis, the court found no compelling reason to revisit *Friedman*, which upheld a materially identical ordinance and remains consistent with *Heller* and *Ezell*.

Holdings

Friedman is controlling and its holding did not depend on facts unique to Highland Park; therefore, no factual development is needed.
Plaintiffs have not provided a compelling reason to revisit Friedman, and the decision remains good law.

Questions Presented

Whether the district court should have allowed plaintiffs to develop a factual record to distinguish Friedman v. City of Highland Park.
Whether Friedman v. City of Highland Park should be revisited.

Disposition

affirmed

Cases Cited (15)

Friedman v. City of Highland Park, 784 F.3d 406 (7th Cir. 2015)(followed)
District of Columbia v. Heller, 554 U.S. 570 (2008)(discussed)
Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011)(discussed)
McDonald v. City of Chicago, 561 U.S. 742 (2010)(cited)
Fyock v. Sunnyvale, 779 F.3d 991 (9th Cir. 2015)(cited)
Heller v. District of Columbia (Heller II), 670 F.3d 1244 (D.C. Cir. 2011)(cited)
Wilson v. Cty. of Cook, 968 N.E.2d 641 (Ill. 2012)(discussed)
Sotelo v. United States, 922 F.3d 848 (7th Cir. 2019)(cited)
United States v. Wolfe, 701 F.3d 1206 (7th Cir. 2012)(cited)
McClain v. Retail Food Emp'rs Joint Pension Plan, 413 F.3d 582 (7th Cir. 2005)(cited)