Tuesday, April 28, 2015

7th Circuit Court Rules Bans on ‘Assault Weapons’ Can Be Based on Feelings

Via Joe

AR15 Black Rifle Assault Weapon

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 Constitution 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 governments, but it does not foreclose all possibility of experimentation. 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 existing 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.”

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  1. I always though Heller was a less than desirable ruling but anyway....

    OBVIOUSLY this should not be a case for Federal courts it is a matter for the Illinois state court and their Constitution. And by the way that Constitution states clearly "SECTION 24. RIGHTS RETAINED
    The enumeration in this Constitution of certain rights
    shall not be construed to deny or disparage others retained
    by the individual citizens of the State.
    (Source: Illinois Constitution.)" That of course means there is NO power granted ANY Illinois court or government the right to restrict firearm ownership or possession thereof.