Highland Park, Illinois semi-auto ban upheld by 7th Circuit

[DanClrk51]

Supreme Court rejection of gun case considered a victory by Highland Park

The U.S. Supreme Court's refusal Monday to take up a challenge to Highland Park's ban on assault weapons protects similar restrictions in Chicago and other parts of Illinois and sends a message that municipalities have the right to determine how to best protect their communities, according to legal experts.

The lack of action was a blow to the National Rifle Association and other pro-gun advocates who had hoped the high court would issue a ruling that once and for all clarified whether weapons such as AK-47s, AR-15s and Uzis are protected under the Constitution.


http://www.chicagotribune.com/news/nationworld/ct-supreme-court-highland-park-assault-weapons-ban-20151207-story.html

[DanClrk51]

FYI

This case was settled in 2015.

While all of this is very very bad for the 2nd Amendment keep this in mind and know that its not over yet, there is still hope:

Also, this ruling was by a three Judge panel of the 7th Circuit Court of Appeals a federal court. It was a 2-1 ruling. This is the same federal circuit court of appeals that struck down Illinois' ban on carrying firearms outside the home. It ruled that such a ban violated the 2nd Amendment and they gave the Illinois State Legislature 180 days to pass a concealed carry law or the state would be a constitutional carry state. That is how Illinois finally got concealed carry. This was also a three judge panel and a 2-1 ruling. If you click on the case opinion links down below you will see that the judges who struck down Illinois' ban on carrying firearms outside the home (POSNER, FLAUM, and WILLIAMS) are not the same judges who ruled Highland Park's semi-auto ban constitutional (EASTERBROOK, MANION, and WILLIAMS). The only judge who ruled in both cases was WILLIAMS (appointed by Clinton) and she retired last year. She was the lone dissenter in the case Moore vs. Madigan (pro CCW case) and she was in the majority in upholding the Highland Park semi-auto ban. Meaning that there is still hope that the ban recently passed by Deerfield, Illinois will go to a panel that will strike it down this time creating a split within the 7th Circuit Court of Appeals. This would increase the chances of the whole case being appealed to the whole 7th Circuit Court of Appeals and probably eventually more likely that the Supreme Court will take up this issue.

Here is the current makeup of the court:

https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Seventh_Circuit

Unfortunately Judge Posner who wrote the pro 2nd Amendment opinion in the Moore v. Madigan case also retired.


Read about the newly passed ban in Deerfield, Illinois here:

https://nebraskafirearms.org/forum/index.php/topic,17619.0.html

[DanClrk51]

Here is the opinion in the Highland Park case FRIEDMAN v. CITY OF HIGHLAND PARK ILLINOIS:

http://caselaw.findlaw.com/us-7th-circuit/1698803.html

[DanClrk51]

Here's a look back at the case that led to the passage of the concealed carry law in Illinois. This case was decided in 2012:


Concealed carry: Court strikes down Illinois' ban

The state of Illinois would have to allow ordinary citizens to carry weapons under a federal appeals court ruling issued today, but the judges also gave lawmakers 180 days to put their own version of the law in place.

In a 2-1 decision that is a major victory for the National Rifle Association, the U.S. Seventh Circuit Court of Appeals said the state's ban on carrying a weapon in public is unconstitutional.

http://www.chicagotribune.com/news/local/breaking/chi-us-appeals-court-strikes-down-states-concealedcarry-ban-20121211-story.html


Here is the opinion in the concealed carry case MOORE v. MADIGAN:

http://caselaw.findlaw.com/us-7th-circuit/1617912.html

[depserv]

This reminds us of why it's so important to get as many loyal Americans as possible onto the Court, especially the Supreme Court.  That is the critical path to defending the Constitution from the aggression of the liberal cult.  And not surprisingly, this is a big battle going on now.  To win this war, we need a higher proportion of loyal Americans in the Senate.  If the enemy takes the Senate in the midterms, the war will be lost, at least for the foreseeable future (and maybe forever).  But if patriots hold or increase their numbers, there is a chance that the Republic will be saved.

This is why it's so important that every loyal American get out to vote in the coming elections.  The liberal cattle herd has been worked up into a frenzy by a propaganda blitz so big and so ruthless it would impress Josef Goebbels, and the herd is poised to stampede over the Republic.  If patriots do not have the numbers to resist the stampede, the Republic will continue its descent, and might very well not survive.

It should be noted that not all Republicans are patriots.  If the choice is between a RINO (or what I call a Judas Republican) and a Democrat the choice is clear: hold your nose and vote for Judas, but do not stay home because you don't like Judas.  Patriots should get involved in primaries whenever possible to make sure there is a loyal American on the ballot instead of a RINO.  But either way get out and vote.  And make sure every loyal American you know does the same.  It's probably a good idea to get your friends set up with absentee ballots, because they make voting so easy, and therefore more likely.

This applies to state senators too, especially given the massive betrayals of Judas Republicans in this state.  But that's a matter for a different thread.