Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Illinois State Rifle Association leads Fight against Highland Park Semi-Auto and Magazine Ban

Friday, January 17, 2014

On December 12, 2013, NRA state affiliate Illinois State Rifle Association filed suit against the city of Highland Park, Ill., to invalidate the Chicago suburb’s comprehensive ban on popular semi-auto firearms and their magazines. The ISRA’s complaint for declaratory judgment and injunctive relief, filed in the Circuit Court for the Nineteenth Judicial Circuit of Lake County, Ill., makes clear that Highland Park’s ban has “unconstitutionally infringed the fundamental right of law-abiding citizens under the Second Amendment of the United States Constitution to keep and bear arms for lawful purposes.”

The offending law prohibits the transfer and possession of any “assault weapon” or “large capacity magazine.” In defining “assault weapon,” Highland Park’s ordinance uses a feature test that looks to whether a firearm is capable of accepting a “large capacity magazine” and, if so, whether it has other specified attributes, such as a pistol grip or a telescoping stock. Highland Park’s definition of “large capacity magazine” is any magazine with a “capacity to accept more than ten rounds,” encompassing huge numbers of magazines that are standard equipment on popular firearms. The law has no exemptions allowing for the grandfathering of firearms owned prior to the ban and requires that all prohibited firearms and magazines be removed from the city, modified to be “permanently inoperable,” or surrendered to police by December 14, 2013. Violators of the law are “punishable by not more than six months imprisonment or a fine of not less than $500 and not more than $1000, or both.”

The ban was hastily enacted by city council vote on June 6, 2013, in response to the state legislature’s passage of the Firearm Concealed Carry Act. In addition to recognizing Illinoisans’ right to carry a firearm in public for self-defense, that act also contained a preemption provision barring localities from enacting their own gun laws. However, the Act grandfathered in any local ordinances that were enacted prior to, or within ten days of, the Governor signing the concealed carry legislation, and Highland Park joined several other Chicago suburbs in a race to pass new restrictions. At the time of passage, Highland Park Councilman David Naftzger, who registered the lone vote against the ban, presciently stated, “there’s no question in my mind about the specter of hundreds of thousands or even millions of dollars of litigation costs.”

The complaint notes at length the popularity of the rifles and magazines the city has chosen to ban, and is accompanied by sworn testimony reiterating this point. Drawing on the landmark Supreme Court decision in Heller, the complaint goes on to explain to the court that “[o]wnership of firearms that are commonly possessed by law-abiding citizens for lawful purposes, including self-defense in the home against a criminal intruder, is a fundamental right under the Second Amendment to the United States Constitution.” Further, the complaint notes that the city has no compelling interest in depriving citizens of this right.

The ISRA challenge to the Highland Park semi-auto ban is an important case for gun owners across the country. This case, along with similar cases in other jurisdictions, could help to determine how far the courts are willing to let governments go in restricting access to popular firearms and magazines. 

TRENDING NOW
Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

News  

Friday, January 13, 2017

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

On Monday, Sen. Mike Crapo (R-ID) – joined by co-sponsors Sens. Jerry Moran (R-KS) and Rand Paul (R-KY) – introduced S. 59, the Hearing Protection Act of 2017 (HPA). Similar legislation was introduced in the ...

Alert: WA State Proposes Draconian Gun Ban Bills

News  

Friday, January 13, 2017

Alert: WA State Proposes Draconian Gun Ban Bills

Inspired, perhaps, by Oscar Wilde (“Moderation is a fatal thing. Nothing succeeds like excess”), Washington State Attorney General Bob Ferguson has announced two new sweeping gun control bills, with Sen. David Frockt (D-Seattle) and Rep. ...

New Hampshire: Constitutional/Permitless Carry Bill Passes Senate!

Thursday, January 19, 2017

New Hampshire: Constitutional/Permitless Carry Bill Passes Senate!

Today, Senate Bill 12, legislation eliminating the requirement to obtain a permit in order to lawfully carry, passed the Senate without amendment, by a 13-10 vote.  SB 12 will now go to the House of ...

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

News  

Friday, January 13, 2017

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

On January 3rd, Congressman Richard Hudson (R-N.C.8th) introduced H.R. 38, the Concealed Carry Reciprocity Act of 2017, which simply allows lawful firearm carriers from any state to carry a concealed firearm in any other state. The bill ...

Virginia: Senate Committee to Hear Numerous Gun Bills Tomorrow

Tuesday, January 17, 2017

Virginia: Senate Committee to Hear Numerous Gun Bills Tomorrow

Tomorrow, January 18, the Senate Courts of Justice is expected to hear and possibly vote on several firearm-related bills.

Kansas: Bill Introduced Attempting to Repeal Pro-Self-Defense Law

Tuesday, January 17, 2017

Kansas: Bill Introduced Attempting to Repeal Pro-Self-Defense Law

In 2013, the Kansas Legislature passed the Public Building Security Act, pro-gun legislation that amended the Personal and Family Protection Act. 

Supreme Court Asked to Review California’s Restrictive Carry Regime

News  

Friday, January 13, 2017

Supreme Court Asked to Review California’s Restrictive Carry Regime

On Thursday, the NRA-supported case Peruta v. California took an important step towards restoring the right to bear arms in California.  The plaintiffs in the case, California gun owners and the California Rifle and Pistol ...

NRA Statement on Nomination of Ryan Zinke to Secretary of the Interior

News  

Friday, December 16, 2016

NRA Statement on Nomination of Ryan Zinke to Secretary of the Interior

Chris W. Cox, executive director of the National Rifle Association's Institute for Legislative Action, issued the following statement on the nomination of Congressman Ryan Zinke to be the Secretary of the Interior

Indiana: Legislative Session Begins with Numerous Pro-Gun Bills Filed

Friday, January 13, 2017

Indiana: Legislative Session Begins with Numerous Pro-Gun Bills Filed

With the 2017 Indiana legislative session underway, we are happy to report that a number of pro-gun bills have been filed.

NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

News  

Hunting  

Monday, January 9, 2017

NRA Applauds the Introduction of the Hearing Protection Act, H.R. 367

FAIRFAX, Va. – The National Rifle Association Institute for Legislative Action (NRA-ILA) applauded Congressmen Jeff Duncan (SC) and John Carter (TX-31) on Monday for introducing the Hearing Protection Act, an important bill that gives gun owners and sportsmen ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.