Illinois Assault Weapon Ban and Registration Ruled Unconstitutional

AmmoLand ^ | November 12, 2024 | Dean Weingarten

[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:

[marktwain]

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

[BipolarBob]

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

[bigbob]

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

[Campion]

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".

[Bob434]

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!

[FlingWingFlyer]

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

[kawhill]

“Illinois Assault Weapon Ban and Registration Ruled Unconstitutional”. What is an assault weapon? I have a lot of rocks in my 600’ driveway, are they “assault” rocks? I suppose they could be if I picked them up and threw them at the bad guys. I think I’ll stick with an AR-10 instead.

[BOBWADE]

A solution would be to create a new group similar to the civilian Marksman program. Run a background check and safety course on every able-bodied adult over 18. Have the government issue to them a sidearm and a rifle from our Surplus stores. Fund organized ranges and Supply ammunition for those who receive arms. One step further would be To officially name them as citizens militia.

[William Tell]

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

Keep in mind that the Second Amendment protects the right of "the people" and not that of the "Militia".

It really doesn't matter much how you define Militia. It matters how you define "people".

[Salman]

Things are going our way, but see my tagline.

[midwest_hiker]

From what I read, if the state appeals for a 3rd time, it goes straight to the USSC. Then the concept of a FOID card could also be thrown out as well as the ban on certain weapons.

[NonValueAdded]

I will bet every man Jack in the Ukraine wished he had an AR-15 to pull down from the mantlepiece just as our ancestors pulled down their flintlocks, shotguns, maybe even blunderbusses, some 250 years ago.

The militia then was age-defined but there was also the Alarm List consisting of basically everyone else. It was the Alarm List members that stopped Percy's wagon train in Menotomy on April 19, 1775. Had Percy received the extra cannon ammo, we might be ruled by King Chuckie.

See David Lamson, a Middle-Aged Man of Menotomy