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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.

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Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

From My Cold Wet Hands: Humorless Scold Targets Squirt Guns

News  

Friday, May 19, 2017

From My Cold Wet Hands: Humorless Scold Targets Squirt Guns

We have yet to reach Memorial Day, but the fun police have already set their sights on at least one cherished summer childhood activity. In an article for Pupsugar.com, titled, “Why Kids Should Never Play ...

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

Bloomberg's Everytown Creates "Authors Council" to Push Anti-Gun Propaganda

News  

Friday, May 19, 2017

Bloomberg's Everytown Creates "Authors Council" to Push Anti-Gun Propaganda

As if the country’s media weren’t already sufficiently co-opted by anti-gun advocates, this week, Michael Bloomberg’s Everytown for Gun Safety announced an effort to pervert an additional facet of American entertainment. The billionaire bank-rolled interest group has ...

California: Draft "Assault Weapon" Regulation Language Now Available

Thursday, May 18, 2017

California: Draft "Assault Weapon" Regulation Language Now Available

Today, May 18, a draft copy of the "Assault Weapon" regulations has been made available

Federal Lawsuit Challenging California’s Ban on Standard Capacity Magazines Filed

Thursday, May 18, 2017

Federal Lawsuit Challenging California’s Ban on Standard Capacity Magazines Filed

Today, May 18, the National Rifle Association Institute for Legislative Action (NRA-ILA) announced it is supporting, along with the California Rifle and Pistol Association (CRPA), an important Second Amendment lawsuit challenging California’s ban on the possession ...

Nevada: Anti-Gun Bills Fail to Pass Second Chamber Policy Committee Deadline

Friday, May 19, 2017

Nevada: Anti-Gun Bills Fail to Pass Second Chamber Policy Committee Deadline

Today, May 19, was the second chamber policy committee deadline.  Two anti-gun bills, Senate Bill 115 and Senate Bill 387, both failed to pass out of the Assembly Judiciary Committee and are now dead for the 2017 legislative ...

Illinois: Last Chance to Save your Local Gun Dealer!

Tuesday, May 2, 2017

Illinois: Last Chance to Save your Local Gun Dealer!

The Illinois House of Representatives may consider Senate Bill 1657, legislation that could put your local gun dealer out of business, at any time! It is imperative that you contact your state Representative IMMEDIATELY and ...

New York: Outrageous Insurance Bill Headlines Long List of Anti-Gun Bills

Monday, March 13, 2017

New York: Outrageous Insurance Bill Headlines Long List of Anti-Gun Bills

The yearly onslaught of anti-gun legislation in the Empire State is concrete proof that anti-gun politicians will never be satisfied until guns are completely banned.  Even though Albany lawmakers passed arguably the nation’s harshest gun ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

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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.