“We express no opinion on the potential viability of plaintiffs’ waived claim concerning the second amendment,” the court said.

The ruling leaves the assault weapon restrictions in place in Illinois, overturning a lower court ruling that temporarily blocked the ban in April.

The state Supreme Court ruling said the case did not allege that the assault weapons restrictions violate the Second Amendment because plaintiffs waived that argument in the lower state circuit court.

Instead, the court said, “the question presented is whether citizens qualified to acquire and possess firearms and firearm ammunition can be treated differently in the application of the weapon classification.”

Because the original circuit court case did not raise second amendment issues, plaintiff’s appeal of that ruling can’t either.

“The theory under which a case is tried in the circuit court cannot be changed on review, and an issue not presented to or considered by the circuit court cannot be raised for the first time on review,” the state supreme court wrote.

So on that basis, the Illinois Supreme Court ruled that the assault weapons ban did not violate the state constitution on equal protection and special legislation.

“First, we hold the circuit court erroneously entered summary judgment for plaintiffs on their equal protection and special legislation claims,” the state Supreme Court decision said. “Second, we hold that plaintiffs waived any second amendment challenge to the restrictions, as the complaint did not state a claim and plaintiffs explicitly and repeatedly disclaimed any such argument in the circuit court.”

The U.S. Supreme Court in May refused to hear a challenge to the ban.

The law passed after the Highland Park mass shooting bans assault weapons, assault weapon attachments and .50 caliber rifles and .50 caliber cartridges.

“No Illinoisan should have to go through life fearing their loved one could be next in an ever-growing list of mass shooting victims,” Gov. J.B. Pritzker said at the time.