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Tags: illinois | assault weapon ban | appeal | federal

Illinois Assault Weapons Ban Upheld by Appeals Court

By    |   Friday, 03 November 2023 09:12 PM EDT

The federal appellate court in Chicago upheld Illinois' assault weapons ban on Friday, siding with the state in the face of legal challenges seeking to overturn the year-old law.

The court found that the firearms covered by the legislation do not enjoy Second Amendment protection, reported The Hill.

"Even the most important personal freedoms have their limits," Judge Diane P. Wood said in the court's eagerly awaited opinion. "Government may punish a deliberately false fire alarm; it may condition free assembly on the issuance of a permit; it may require voters to present a valid identification card; and it may punish child abuse even if it is done in the name of religion. The right enshrined in the Second Amendment is no different."

Illinois instituted its assault weapons prohibition in the wake of a devastating mass shooting that occurred during a Fourth of July parade in Highland Park, Illinois, a suburb near Chicago. This incident led to the loss of seven lives and left numerous individuals with injuries.

The 7th Circuit Court of Appeals found that assault weapons and high-capacity magazines "are much more like machine guns and military-grade weaponry than they are like the many different types of firearms that are used for individual self-defense," reported the Chicago Sun-Times.

The ban encountered scrutiny in the state Supreme Court and subsequently became the subject of legal challenges in federal courts.

Challenges to the law emerged through six distinct lawsuits, all consolidated by the appeals court. These legal actions contended that the ban violated Second Amendment rights.

On appeal to the highest court, the Supreme Court, in turn, opted not to hear the case on procedural grounds.

Conservative Justices Samuel Alito and Clarence Thomas clarified that advocates "should not be deterred." They emphasized that the Supreme Court's refusal to intervene was due to procedural considerations rather than an expression of opinion on the case's merits.

The central point of contention was interpreting the 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen, invalidating several of New York's gun control laws.

Plaintiffs argued that the Bruen ruling established that states could not ban firearms in "common use." Judge Wood, however, expressed concerns about deciding constitutional principles in this manner.

It is "very troublesome to have a popularity contest decide a constitutional principle," she said.

Gun control advocates and Democrat leaders in Illinois welcomed the decision.

Democrat Gov. J.B. Pritzker signed the bill into law in January and hailed it as a "common-sense law."

"Despite constant attacks by the gun lobby that puts ideology over people's lives, here in Illinois, we have stood up and said, no more to weapons of war on our streets," Pritzker stated.

"Now Congress must act so Illinois is not an island surrounded by states with weak protections," he added.

The U.S. Supreme Court may still render a merit-based decision later upon proper circumstances.

Jim Thomas

Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.

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US
The federal appellate court in Chicago upheld Illinois' assault weapons ban on Friday, siding with the state in the face of legal challenges seeking to overturn the year-old law.
illinois, assault weapon ban, appeal, federal
482
2023-12-03
Friday, 03 November 2023 09:12 PM
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