standard-capacity ammunition magazine

‘Assault Weapons Ban Of 2017’ Legislation Introduced In U.S. Senate

You knew it was coming after the Nevada and Texas mass shootings. From the website of the National Rifle Association’s Institute for Legislation Action (NRA-ILA) Thursday:

Dianne Feinstein Wants to Ban Commonly Owned Semi-Autos, Again!

On Wednesday, Senator Dianne Feinstein introduced S. 2095, which she is calling the Assault Weapons Ban of 2017. The 125-page firearm prohibition fever dream is perhaps the most far-reaching gun ban ever introduced in Congress.

Subject to an exception for “grandfathered” firearms, the bill would prohibit AR-15s and dozens of other semi-automatic rifles by name (as well as their “variants” or “altered facsimiles”), and any semi-automatic rifle that could accept a detachable magazine and be equipped with a pistol grip, an adjustable or detachable stock, or a barrel shroud. And that’s just a partial list. “Pistol grip” would be defined as “a grip, a thumbhole stock, or any other characteristic that can function as a grip,” meaning the ban could implicate even traditional stocks or grips specifically designed to comply with existing state “assault weapon” laws.

Needless to say, semi-automatic shotguns and handguns would get similar treatment.

Also banned would be any magazine with a capacity of greater than 10 rounds or even any magazine that could be “readily restored, changed, or converted to accept” more than 10 rounds.

While Feinstein’s bill would graciously allow those who lawfully owned the newly-banned guns at the time of the law’s enactment to keep them, it would impose strict storage requirements any time the firearm was not actually in the owner’s hands or within arm’s reach. Violations would be punishable (of course) by imprisonment.

Owners of grandfathered “assault weapons” could also go to prison for allowing someone else to borrow or buy the firearm, unless the transfer was processed through a licensed firearms dealer. The dealer would be required to document the transaction and run a background check on the recipient.

Should lawful owners of the newly-banned firearms and magazines decide that the legal hazards of keeping them were too much, the bill would authorize the use of taxpayer dollars in the form of federal grants to establish programs to provide “compensation” for their surrender to the government.

This bill is nothing more than a rehash of Feinstein’s failed experiment in banning “assault weapons” and magazines over 10 rounds. Except this time, Feinstein would like to go even further in restricting law-abiding Americans’ access to firearms and magazines that are commonly owned for lawful self-defense.

The congressionally-mandated study of the federal “assault weapon ban” of 1994-2004 found that the ban had little, if any, impact on crime, in part because “the banned guns were never used in more than a modest fraction” of firearm related crime.

Don’t let Dianne Feinstein infringe on our Second Amendment rights with a policy that’s been proven to do nothing to stop crime. Please contact your U.S. Senators and encourage them to oppose S. 2095. You can contact your U.S. Senators by phone at (202) 224-3121, or click here to Take Action.


“Diane Feinstein on Gun ban in 1995 -Mr. and Mrs. America, turn your guns in!”
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Permission granted by the NRA-ILA to reproduce the material above.

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

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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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