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Gun Ban Upheld, Federal Appellate Court Uses “Feelings” To Justify It
Daily Caller ^ | 05/04/2015 | NRA ILA Contributor

Posted on 05/05/2015 8:26:25 AM PDT by HammerT

The U.S. Seventh Circuit Court of Appeals issued a decision on last week 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).”
[..]
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.
[..]
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.

(Excerpt) Read more at dailycaller.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: banglist; feelings; guncontrol; illinois; secondamendment
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Feelings…whoa oh! Feelings whoa oh!…

Andy Williams - Feelings (1975)
https://www.youtube.com/watch?v=cxhwM06lLUs
.
;may increase the public’s sense of safety”

“and makes the public feel safer”

Whiskey Tango Foxtrot!

What is this country coming to?

1 posted on 05/05/2015 8:26:25 AM PDT by HammerT
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To: HammerT
"merely on the basis that they “may increase the public’s sense of safety.”

If that is truely a compelling state interest it can used to justify any encrochment on any of our constitutional rights. Including the freedom of speech vis a vis "provocative" speech.

2 posted on 05/05/2015 8:29:49 AM PDT by circlecity
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To: HammerT
OK, what if possessing an AR and full capacity magazines doesn't make me safer, but it makes me feel safer? Why are some feelings given more weight than my feelings?
3 posted on 05/05/2015 8:30:49 AM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: HammerT

http://crime.chicagotribune.com/chicago/shootings/

Someone left the cake out in the rain ...


4 posted on 05/05/2015 8:31:35 AM PDT by tumblindice (America's founding fathers: all armed conservatives.)
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To: HammerT

We are either going to have freedom, or we are going to have federal judges, but we are not going to have both.


5 posted on 05/05/2015 8:31:44 AM PDT by chris37 (Heartless)
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To: HammerT

To liberals, feelings and not hurting feelings is all that matters. Who needs a brain?


6 posted on 05/05/2015 8:32:32 AM PDT by Rusty0604
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To: circlecity

Based on that then do my neighbors and myself feel we should not have a convicted child molester living in our community?

After all it is a public safety.

How about banning homosexual parades as ISIS could blow them up and that comes under safety.

We have judges today who don’t even care about the law and most of those are appointed by Democrats.


7 posted on 05/05/2015 8:32:41 AM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
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To: HammerT
merely on the basis that they “may increase the public’s sense of safety.”

In spite of the fact that weapons in the hands of the citizenry provides safety.

The world is full of stupid people.

And sadly, many of them are judges.

8 posted on 05/05/2015 8:33:34 AM PDT by EternalVigilance (A moderate Muslim will cut your throat. A radical Muslim will cut off your head.)
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To: HammerT

I’m emotioally upset at this decision, I find myself in the position of no longer being able to absorb or comprehend the propaganda that “smart” people among us are trying to force feed us on a daily basis!


9 posted on 05/05/2015 8:34:38 AM PDT by heshtesh (I believe in Sarah Palin, the rest not so much.)
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To: circlecity

Can I say that I don’t ‘Feel’ comfortable with you saying certain things and thus be able to deprive you of free-speech?


10 posted on 05/05/2015 8:36:36 AM PDT by HammerT (The Right to keep and bear arms: A Commonsense Civil Right)
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To: HammerT
makes the public feel safer as a result

When they live on the south side of Chicago (/s)

11 posted on 05/05/2015 8:37:32 AM PDT by TYVets
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To: Yo-Yo

That’s what makes me feel safer.....

[That is, Before that tragic boating incident..]


12 posted on 05/05/2015 8:37:53 AM PDT by HammerT (The Right to keep and bear arms: A Commonsense Civil Right)
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To: HammerT
"Can I say that I don’t ‘Feel’ comfortable with you saying certain things and thus be able to deprive you of free-speech?"

That seems to be the rationale.

13 posted on 05/05/2015 8:39:30 AM PDT by circlecity
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To: HammerT

Peelings:

https://www.youtube.com/watch?v=fbchtnbKmxo


14 posted on 05/05/2015 8:39:55 AM PDT by mad_as_he$$
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To: HammerT
makes the public feel safer as a result, that’s a substantial benefit,

A government ruled by whim is a government of non objective laws.Non objective law contradicts and defies the whole reason man needs government, which is to preserve and protect natural rights of individuals, and settle disputes.

15 posted on 05/05/2015 8:39:57 AM PDT by mjp ((pro-{God, reality, reason, egoism, individualism, natural rights, limited government, capitalism}))
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To: Yo-Yo

When I was a kid, I figured out that the kids that cried the most and had emotional displays got all the sympathy and what they wanted. I would ask the same question, “what about my feelings?”. I was told that I was more of a thinker and I needed to have more respect for other people’s feelings. Didn’t seem fair to me then and doesn’t now.


16 posted on 05/05/2015 8:40:15 AM PDT by Rusty0604
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To: manc

Can we not apply the same kind of Logic in that case?

A homosexual parade could be considered an affront to the profit of the Islamic death cult and could be attacked - can we ban them on that basis?

It’s all about feeling safer now.......That’s the standard..


17 posted on 05/05/2015 8:41:41 AM PDT by HammerT (The Right to keep and bear arms: A Commonsense Civil Right)
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To: Rusty0604

Ever try to have a conversation with a liberal about something remotely pliiticial? It almost always starts wth “I feel that...”


18 posted on 05/05/2015 8:43:01 AM PDT by matt04
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To: HammerT

I hate these people.


19 posted on 05/05/2015 8:43:34 AM PDT by The Toll
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To: HammerT

Happiness Is A Warm Gun__ The Beatles


20 posted on 05/05/2015 8:44:22 AM PDT by V_TWIN
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