Illinois Assault Weapon Ban and Registration Ruled Unconstitutional

By Free Republic | Created at 2024-11-15 16:02:53 | Updated at 2024-11-22 21:17:29 1 week ago

Illinois Assault Weapon Ban and Registration Ruled Unconstitutional
AmmoLand ^ | November 12, 2024 | Dean Weingarten

Posted on 11/15/2024 7:37:52 AM PST by marktwain

Restrictions on semi-automatic rifles, pistols, and shotguns have been ruled unconstitutional under the Second Amendment in the Federal District Court for the Southern District of Illinois, in the Seventh Circuit Court of Appeals. The order is a permanent injunction against enforcement of the state legislation in the case of Harrel v Raoul on 8 November 2024. It is commonly known as an “assault weapon” and magazine ban.

Judge Stephen P. McGlynn addressed two basic arguments in his order. The first is whether semi-automatic rifles and magazines for them are “arms” as covered by the Second Amendment. Part of this argument is whether military arms are covered by the Second Amendment. The second is whether there is a history and tradition to support the arms as outside of the protections of the Second Amendment.

In the analysis of the first question, Judge McGlynn defines bearable on page 16:

Therefore, this Court defines bearable as: a weapon that an individual carries for the purpose of being armed and ready for offensive or defensive action in a case of conflict with another person.

Judge McGlynn then identified “dangerous” as more than merely capable of inflicting harm. He defines “dangerous” as weapons that are difficult to control and harm only to an opponent. From page 67:

Therefore, this Court defines dangerous as: bearable arms that a typical operator cannot reasonably control to neutralize discrete, identified aggressors. Once more, it is the lack of the ability to discriminately control the arm and its discharged projectiles that makes it dangerous, not its rate of fire.

Judge McGlynn goes on to define what is meant by “unusual.” From page 70:

(Excerpt) Read more at ammoland.com ...

TOPICS:
KEYWORDS: banglist; gunban; il; unconstitutional

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Judge McGlynn ordered a permanent injunction on the ban against semi-automatic rifles and pistols, magazines and the registration of these items.

1 posted on 11/15/2024 7:37:52 AM PST by marktwain

To: All

Illinois: “We don’t care. We don’t have to care. We’re Illinois and the law be dam%%%%%.”

2 posted on 11/15/2024 7:43:21 AM PST by BipolarBob (Enough of this talk about narcissists, let's get back to talking about me.)

To: marktwain

Prickster will appeal, of course. May he rot in hell.

3 posted on 11/15/2024 7:43:28 AM PST by bigbob (Yes. We ARE going back!)

To: marktwain

For the most part, a wonderful ruling, except for this:

The current version of the militia is the United States Army National Guard and Air National Guard.

Which is contrary to Federal law and has never been the meaning of the term "militia".

4 posted on 11/15/2024 8:00:06 AM PST by Campion (Everything is a grace, everything is the direct effect of our Father's love - Little Flower)

To: marktwain

I wonder how states like NY get away with their u co situational gun laws- the requirements for just a pistol permit are insane there. Hope for the sake of residents that
Pres Trump gets national cc law!

5 posted on 11/15/2024 8:01:23 AM PST by Bob434

To: marktwain

When you governor is a greaseball, you have to be careful with your Bill of Rights.

6 posted on 11/15/2024 8:02:20 AM PST by FlingWingFlyer (Jamaicans Haitians and Indians used to run motels and 7-11s. Now,they run Congress and the judiciary)

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