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Seventh Circuit Affirms Illinois ‘Assault Weapon’ Ban

Law Shield was disturbed to see a Seventh Circuit Court of Appeals decision affirming an ordinance in the City of Highland Park, Illinois (§136.005 of the City Code) that prohibits the possession of so-called “assault weapons” and “large‐capacity magazines.”

In the decision, Judge Frank Easterbrook held that the 2-1 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 wrote, “[b]y prohibiting a class of weapons commonly used throughout the country, Highland Park’s ordinance infringes upon the rights of its citizens to keep weapons in their homes for the purpose of defending themselves, their families, and their property. Both the ordinance and this court’s opinion upholding it are directly at odds with the central holdings of 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.”

Law Shield concurs with the dissent. The complete decision can be viewed or downloaded here.

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