Share Thread:  
Bans on “Assault Weapons,” Firearm Magazines Can Be Based on Feelings, Rules Seventh
Posted on April 27, 2015 in FPC Blog

In a stunning 2-1 decision published today that upheld a City of Highland Park, Illinois ordinance (§136.005 of the City Code) that prohibits the possession of so-called “assault weapons” and “large‐capacity magazines,” Seventh Circuit Cout of Appeals Judge Frank Easterbrook held that

[a]nother constitutional principle is relevant: the Constitu‐tion establishes a federal republic where local differences are cherished as elements of liberty, rather than eliminated in a search for national uniformity. McDonald circumscribes the scope of permissible experimentation by state and local gov‐ernments, but it does not foreclose all possibility of experi‐mentation. Within the limits established by the Justices in Heller and McDonald, federalism and diversity still have a claim. Whether those limits should be extended is in the end a question for the Justices. Given our understanding of exist‐ ing limits, the judgment [of the trial court, which held that the gun control ordinance was constitutional] is AFFIRMED.

Adding insult to injury, the majority found that “[i]f a ban on semi‐automatic guns and large‐capacity magazines reduces the perceived risk from a mass shooting, and makes the public feel safer as a result, that’s a substantial benefit.”

In his dissent, Judge Manion found that
das, proud to be a member of since Sep 2012.
I currently live in Highland Park, IL. I've also been as involved in this as an outside party can be. I was even being vetted as a plaintiff for this lawsuit until they chose Dr. Friedman, who is a very well respected pediatrician in the community, and a Navy veteran. I've read every court filing from both sides. I predicted this ruling back on the day oral arguments were made at CA7. Although I've never met the plaintiff, I have had communications with him. What questions, if any, do you guys have?
Btw, one last thing I'd like to mention about this. They mayor of Highland Park, IL, whom passed this AWB based on feelings, announced she's running for Congress in 2016. My headache could soon become everybody's headache.

Also, the NRA Lobbyist for Illinois has already chimed in about this on a public forum. He said the ruling is good news. They are petitioning for En Banc review. If that fails, the next step is SCOTUS. Remember, this is how McDonald v Chicago played out too.

Possibly Related Threads…
Thread Author Replies Views Last Post
  ‘Military-Style’ Firearms Aren’t Protected By Second Amendment, Court Rules sgtsandman 2 901 02-24-2017, 08:20 PM
Last Post: sgtsandman
  ban the use of traditional, lead-based ammunition on Federal lands Dannytheman 2 1,038 01-20-2017, 04:04 PM
Last Post: Dannytheman
Last Post: das
  Assault Weapons Ban Before U.S. Supreme Court das 4 1,654 10-13-2015, 09:55 PM
Last Post: Uinta Firearms
  Stop Pat Toomey’s Assault on Gun Owners - march on offices longcall911 18 11,766 09-16-2015, 06:29 PM
Last Post: longcall911

Users browsing this thread: 1 Guest(s)

Software by MyBB, © 2002-2015 MyBB Group.
Template by Modogodo Design.