The DOJ’s Civil Rights Division, now led by Assistant Attorney General Harmeet Dhillon, argues Illinois’ so-called Protect Illinois Communities Act (PICA) is a direct violation of the Constitution.

DOJ Brief: AR-15s Are Not ‘Weapons of War’ — They Are Constitutionally Protected

The brief hammers Illinois for outlawing AR-15s and similar rifles simply because of their appearance or so-called “militaristic” features.

“The musket was the standard-issue military weapon at the founding — and it was in virtually every household,” the brief notes. “Militia arms were military arms. That’s the point.”

High-Capacity Magazines and Attachments Are Also Protected

“These components are not accessories — they are essential parts of modern rifles,” the DOJ argues, calling the ban “an unconstitutional infringement on the right to keep and bear arms.”

There are over 100 million standard-capacity magazines in circulation in the U.S., according to federal data cited in the brief — one for every man, woman, and child. That widespread ownership, the DOJ says, proves beyond doubt that these items are in “common use” and therefore constitutionally protected.

DOJ Torches the ‘Militaristic’ Carveout

“This reasoning flips the Constitution on its head,” the brief contends. “The right to keep and bear arms was always understood to include weapons useful for militia service. The idea that military utility disqualifies a firearm from protection is historically and legally bankrupt.”

The DOJ bolsters this with citations from early American case law and historical writings, reminding the court that the founders expected the people to be armed with weapons capable of resisting tyranny — not just hunting rabbits.

Setting the Stage for a Supreme Court Showdown

“This is the strongest federal brief in favor of gun rights we’ve ever seen from the DOJ,” said Chris McNutt, President of Texas Gun Rights. “It not only supports gun owners — it eviscerates the logic behind modern gun bans.”

The case now heads toward a high-stakes decision in the Seventh Circuit.

Until then, the DOJ’s message is loud and clear: AR-15s are protected. The Second Amendment means what it says. And Illinois has crossed the line.