Explore The NRA Universe Of Websites

Gun Ban Upheld, Federal Appellate Court Uses "Feelings" to Justify It

Friday, May 1, 2015

Gun Ban Upheld, Federal Appellate Court Uses "Feelings" to Justify It

The U.S. Seventh Circuit Court of Appeals issued a decision on Monday allowing a Chicago-area gun and magazine ban to stand. Such bans are justifiable, according to the court, merely on the basis that they "may increase the public's sense of safety."

The case, Friedman v. Highland Park, was filed in 2013, and sought to invalidate a city ordinance that banned "assault weapons or large capacity magazines (those that can accept more than ten rounds)."  Highland Park was one of several Chicago suburbs that hastily enacted municipal ordinances regulating or banning the possession of "assault weapons" before the state's 2013 concealed carry law preempted home-rule authority to do so.

This week, in a 2-1 decision, a three-judge panel upheld the ban. According to the majority opinion, "A ban on assault weapons won't eliminate gun violence in Highland Park, but it may reduce overall dangerousness of crime that does occur …." Remarkably, the majority went on to suggest that even if the ban's incursion on Second Amendment rights had no beneficial effect on safety whatsoever, it could still be justified on the basis of the false sense of security it might impart to local residents. "[I]f it has no other effect," the majority wrote, "Highland Park's ordinance may increase the public's sense of safety. Mass shootings are rare, but they are highly salient, and people tend to overestimate the likelihood of salient events."
"If a ban on semiautomatic 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," the opinion argued. 
The majority acknowledged that "assault weapons" can be beneficial for self-defense because they are lighter and more accurate than alternative options and can be wielded more effectively by householders. Yet they quickly threw their own logic aside to reassert the city's interest in reducing perceived risk over the tangible benefits that that modern firearms provide to their owners. "If a ban on semiautomatic 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," the opinion argued.

Judge Daniel Anthony Manion dissented from the majority opinion.  Manion forcefully and persuasively argued that the ruling opinion is "at odds with the central holdings in Heller and McDonald: that the Second Amendment protects a personal right to keep arms for lawful purposes, most notably for self-defense within the home."

He went on to press the point that only individuals "make the ultimate decision for what constitutes the most effective means of defending one's home, family, and property." In stark contrast to the majority, Judge Manion was willing to recognize the constitutional dimensions that individual choice makes in the Second Amendment realm, just as it does with other fundamental rights. "Ultimately, it is up to the lawful gun owner and not the government to decide these matters," he wrote.

Judge Manion's reminder that when it comes to our fundamental rights, "The government recognizes these rights; it does not confer them," cannot be overemphasized. Unfortunately, his colleagues refused to uphold their duty to recognize either the right at stake or Highland Park's violation of it. Rest assured, however, that your NRA will continue the fight to see that injustice corrected.

TRENDING NOW
Joe Biden: Hero Who Ended Texas Rampage Shouldn’t Have Had His Gun

News  

Second Amendment  

Friday, November 17, 2017

Joe Biden: Hero Who Ended Texas Rampage Shouldn’t Have Had His Gun

Most Americans consider Stephen Willeford a hero for bravely ending the rampage of a crazed murderer at a Texas church … but not former Vice President Joe Biden. During a national television appearance on Monday, ...

Muzzleloaders Now Targeted by “Giffords” Gun Prohibition Lobby

News  

Friday, November 17, 2017

Muzzleloaders Now Targeted by “Giffords” Gun Prohibition Lobby

It didn’t take long after the events in Las Vegas, Nevada for gun control advocates to resort to their usual tactic of blaming hardware for the acts of an evil man. Numerous anti-gun bills were ...

When Gun Control Fails

News  

Second Amendment  

Friday, July 21, 2017

When Gun Control Fails

Gun control is pushed as a strategy to keep Americans safe in their homes, schools and workplaces. It is presented as the key component in safer streets, neighborhoods and families. But what happens when gun ...

With ‘Firearm’ Offenses up 27-percent, UK Holds National Gun Surrender

News  

Friday, November 17, 2017

With ‘Firearm’ Offenses up 27-percent, UK Holds National Gun Surrender

Anti-gun advocates like Gun Control Network Chair Gillian Marshall-Andrews tout the United Kingdom’s longstanding firearms restrictions, which include a near total ban on handguns, as the “gold standard” of gun control. In recent years, UK ...

Gun Controllers Choose to Ignore Cases of Good Guys with Guns

News  

Second Amendment  

Friday, November 17, 2017

Gun Controllers Choose to Ignore Cases of Good Guys with Guns

Less than three hours after the tragedy at the First Baptist Church in Sutherland Springs, Texas, Sen. Chris Murphy (D-Conn.) was looking to score political points. As is his custom, Murphy fired off a tweet admonishing his ...

Dianne Feinstein Wants to Ban Commonly Owned Semi-Autos, Again!

News  

Thursday, November 9, 2017

Dianne Feinstein Wants to Ban Commonly Owned Semi-Autos, Again!

Senator Dianne Feinstein introduced S. 2095, which she is calling the Assault Weapons Ban of 2017. The 125-page firearm prohibition fever dream is perhaps the most far-reaching gun ban ever introduced in Congress.

Terry McAuliffe’s Halfway Heroism

News  

Second Amendment  

Friday, November 17, 2017

Terry McAuliffe’s Halfway Heroism

Virginia Governor Terry McAuliffe has recently been distinguished by Governing magazine as one of its “Public Officials of the Year.” According to the magazine, Gov. McAuliffe claims his “proudest single achievement” in office has been restoring ...

This Man Did Not Write A Second (Class) Amendment

News  

Second Amendment  

Friday, November 3, 2017

This Man Did Not Write A Second (Class) Amendment

Courts are telling gun owners that they must choose between their Second Amendment-protected rights and their other constitutional rights. 

Free Beacon  

Thursday, November 16, 2017

Gabby Giffords’s Gun Control Group Releases Report Warning of Muzzleloaders, Other Firearms

Former congresswoman Gabby Giffords's gun control group released a report on Wednesday warning of the dangers of muzzle loading rifles, a number of other firearms, and some firearms accessories and calling for new gun control ...

Less Complaining And More Encouraging

News  

Thursday, November 16, 2017

Less Complaining And More Encouraging

It seems a little dramatic to blame these fine folks for the entire five hours. It can be assumed that there was no camera covering the specific area where the killings occurred and some period ...

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.