standard-capacity ammunition magazine bans

Highland Park, Illinois, ‘Assault Weapons’ Ban Latest

Back on December 23, 2013, I blogged about the City of Highland Park on Chicago’s far North Shore passing an ordinance banning “assault weapons” within its city-limits at a June city council meeting.

Subsequently, the Illinois municipality was sued for its “assault weapons” ban.

Last week, a federal court rendered a decision on the lawsuit. From the website of the National Rifle Association’s Institute for Legislative Action on May 1:

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.”

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.

(Editor’s note: Bold added for emphasis)

Robert McCoppin reported on the Chicago Tribune website on April 28:

A federal court Monday upheld Highland Park’s ban on assault weapons — possibly setting the stage for a showdown over the issue before the U.S. Supreme Court…

Illinois State Rifle Association Executive Director Richard Pearson said he was confident the law could be overturned on appeal to the Supreme Court, but the National Rifle Association would have to decide whether to make a costly appeal.

“The Second Amendment is about the right to keep and bear arms,” Pearson said. “The government doesn’t get to pick the list.”

(Editor’s note: Bold added for emphasis)

Stay tuned…

Christopher E. Hill
Survival And Prosperity (www.survivalandprosperity.com)

(Editor’s note: Permission to reproduce this piece granted by the NRA-ILA)

Source:

McCoppin, Robert. “Appeals court upholds Highland Park assault weapons ban.” Chicago Tribune. 28 Apr. 2015. (http://www.chicagotribune.com/suburbs/highland-park/news/chi-assault-weapons-ban-highland-park-20150427-story.html). 5 May 2015.

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Standard-Capacity Ammunition Magazine Ban Passes Out Of Illinois Senate Executive Committee

Gun “control” is on the move again in Illinois as legislation banning standard-capacity ammunition magazines has passed out of the Illinois Senate Executive Committee, setting up Senate Bill 1002 to be voted upon by the full chamber. Lauren Leone-Cross reported on Springfield’s The State Journal-Register website late yesterday:

The Democrat-controlled Senate Executive Committee passed the measure 12-3, with two Republicans, Minority Leader Christine Radogno of Lemont and Sen. Matt Murphy of Palatine, voting “yes.”

“I think this is a chance that this bill could save lives, and I think it’s worth taking that chance,” Murphy said.

Leone-Cross added later in the article:

Sponsoring Sen. Dan Kotowski, D-Park Ridge, said that while he doesn’t know when he’ll call SB 1002 for a vote in the full Senate or whether he has the votes, it “looks promising.”

Illinois residents who think their Republican state senator will oppose this legislation might be in for a rude shock, seeing that Senators Radogno- the Minority Leader no less- and Murphy have now aligned themselves with the gun “control” camp on this bill.

In the meantime, the National Rifle Association’s Institute for Legislative Action has sent out the following:

Illinois: Anti Self-Defense Amendment to be Considered in Senate as Early as Tomorrow

Contact your state Senator IMMEDIATELY and urge him or her to oppose Amendment 2 to Senate Bill 1002!

Today, in another attempt to further disarm the law-abiding residents in Illinois, an amendment offered by state Senator Dan Kotowski (D-28) to Senate Bill 1002, was heard by the Senate Executive Committee. Amendment 2 to SB1002 would limit the sale and transfer of all standard capacity magazines. Rather than addressing criminals engaging in gang violence, Chicago politicians want to limit the ability of law-abiding gun owners to defend themselves against those criminals.

In a state that is under court order to enact concealed carry reform laws for the self-defense of its residents, this restriction on standard capacity magazines is a step in the wrong direction. This legislation will only remove the ability of responsible gun owners to defend themselves and their loved ones.

It is critical that you contact your state Senator and urge him or her to resist this legislative attempt to disarm and punish law-abiding citizens. Contact your state Senator TODAY and respectfully urge him or her to uphold Illinoisans’ right to self-defense by opposing Amendment 2 to Senate Bill 1002.

Contact information for your state Senator can be found here.

By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)

Source:

Leone-Cross, Lauren. “Illinois Senate panel endorses ammunition limit.” The State Journal-Register. 20 May 2013. (http://www.sj-r.com/breaking/x776192437/Senate-committee-to-vote-on-proposed-high-capacity-magazine-ban?zc_p=0). 21 May 2013.

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Quote For The Week

What I found ironic about this, tragically ironic, is that teddy bears face more stringent regulations than guns do in our country. Teddy bears are tested for sharp edges, points, loose parts and flammability. And you know the number of children who were killed by teddy bears in our country last year?

-Illinois State Senator Dan Kotowski (D-Park Ridge), while meeting with a number of Newtown parents in downtown Chicago Sunday as they joined Chicago-area Democrats in their push to ban standard-capacity ammunition magazines statewide (Chicago Tribune, May 19, 2013)

By the way, according to the Child Injury Lawyer Network website:

Teddy bears and other toys account for twenty two deaths each year, and nearly one hundred and fifty thousand injuries. Most of these deaths and injuries happen to children.

(Editor’s note: Italics added for emphasis)

In Chicago, there’s only been a total of 37 homicides involving rifles- “assault rifles” included- over 9 years, from 2003 to 2011 (Source: Chicago Police Department).

By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)

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Newtown Parents Join Chicago-Area Democrats In Push To Ban Standard-Capacity Ammunition Magazines

“Just wait for next week. 10 round mag limit bills and semi-auto ban bills may surface next week. They will pull out all the stops to distract us from the fight on CCW. I wouldn’t be surprised that they USE the traumatized parents of Connecticut to push their agenda.

Its sad that the traumatized Connecticut parents have to be used to take away our rights to defend our children from a similar fate.”

-Anonymous comment, Second City Cop blog, May 18, 2013

On Sunday, May 19, it was announced that some parents of children who were victims of the shooting that took place at Sandy Hook Elementary School in Newtown, Connecticut, last December were due to arrive in Chicago as area Democrats push for a ban on standard-capacity ammunition magazines. From the WGN Chicago website yesterday:

Governor Pat Quinn will meet with parents of the Newtown, Connecticut school shooting victims today at the Thompson Center.

They are working together to urge Illinois lawmakers to ban the sale of high-capacity ammunition magazines.

(Editor’s note: Going forward, high-capacity ammunition magazines will be defined as having more capacity than what is generally run in that firearm- 40-round magazine in a Kalashnikov, for example- and standard-capacity magazines are having the typical capacity that is run in the firearm- 30-round magazine in an AK or AR, or 20-rounder in an M1A, for example).

Gregory Pratt added on the Chicago Tribune website last night:

Quinn, Senate President John Cullerton, D-Chicago, and Sen. Dan Kotowski, D-Park Ridge, joined the parents in calling on state legislators to pass the bill banning the delivery and sale of ammunition magazines that contain more than 10 rounds.

Under that legislation, introduced Friday by Kotowski, the sale or delivery of these magazines would be punishable by a maximum of three years in prison. It would also make the use of a high-capacity magazine during a crime an aggravating factor leading to a stiffer penalty, Kotowski said.

The legislation being referred to here is Senate Bill 1002, “Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the short title.”

Should this gun “control” legislation be enacted:

A person who knowingly delivers, sells, or transfers, or causes to be delivered, sold, or transferred… a large capacity ammunition feeding device capable of holding more than 10 rounds but not more than 17 rounds of ammunition commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.

(Editor’s note: Italics added for emphasis)

And if it’s a 20- or 30-round standard-capacity ammunition magazine that’s involved:

A person who knowingly delivers, sells, or transfers, or causes to be delivered, sold, or transferred… a large capacity ammunition feeding device capable of holding more than 17 rounds commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation.

(Editor’s note: Italics added for emphasis)

If this legislation sounds familiar to Survival And Prosperity readers, that’s because I blogged about it on May 10, when State Senator Antonio Muñoz (D-Chicago) was still the chief sponsor, not Kotowski from the suburbs.

More information about the proposed Illinois Senate bill can be found here on the LegisScan website.

By Christopher E. Hill, Editor
Survival And Prosperity (www.survivalandprosperity.com)

Sources:

SCC. “Flawed Concealed Carry Dies in Springfield.” Second City Cop. 18 May 2013. (http://secondcitycop.blogspot.com/2013/05/flawed-concealed-carry-dies-in.html). 20 May 2013.

WGN Web Desk. “Gov. Quinn to meet with families of Newtown shooting victims.” WGN Chicago. 19 May 2013. (http://wgntv.com/2013/05/19/gov-quinn-to-meet-with-families-of-newtown-shooting-victims/). 20 May 2013.

Pratt, Gregory. “Newtown parents join Quinn to call for ban on high-capacity ammo magazines.” Chicago Tribune. 19 May 2013. (http://www.chicagotribune.com/news/local/breaking/chi-newtown-parents-join-quinn-to-call-for-ban-on-highcapacity-ammo-magazines-20130519,0,5894367.story). 20 May 2013.

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