In a case many believe will end up before the U.S. Supreme Court, appellate court judges are being asked to decide whether Illinois’ recently enacted assault weapons ban violates the Second Amendment.
CHICAGO – A three-judge panel of a federal appeals court is now deciding whether state and local bans on assault weapons and high-capacity magazines are constitutional.In a case that is being closely watched throughout the country – and one many believe is almost certain to end up before the U.S. Supreme Court – the judges on the Seventh Circuit Court of Appeals are being asked to decide whether Illinois’ recently enacted assault weapons ban violates the Second Amendment’s right to bear arms.
Kris Brown, president of Brady, a gun control advocacy group that filed a friend-of-the-court brief in the case, said in an interview Thursday that a lot is at stake in the outcome of the case. Last year’s mass shooting in Highland Park, however, occurred just a few days after the U.S. Supreme Court struck down a New York state law restricting the right to carry concealed firearms, holding that such restrictions must be consistent with the nation’s “historical tradition” of firearm regulations.
In briefs filed with the court, attorneys challenging the assault weapons restrictions argued that the ruling in the New York case should apply because the weapons banned under the laws are owned by “literally millions of law-abiding citizens for lawful purposes.” Easterbrook also called relying on a weapons’ historical availability or popularity an “anachronism,” saying that a weapon being banned or not banned creates a “self-fulfilling prophecy” for common use.
“We have a sorting job where nuclear weapons are on one side of the sort and handguns are on the other side of the sort,” Wood said.
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