Supreme Court May Hear Assault Weapon Ban Appeal

assault weapons, Supreme Court, Illinois criminal defense lawyerA case that originated in the Chicago suburb of Highland Park may be heard by the Supreme Court of the United States, according to reports. The appeal was filed by pediatrician and former Illinois Senate candidate Dr. Arie Friedman and the Illinois State Rifle association on the grounds that Highland Park’s ban on certain semi-automatic weapons and ammunition magazines violated their Second Amendment rights. Last week, the high court put off considering the appeal, which court observers indicate may be a sign that the court may be preparing to take up the case.

Basis for the Ban

In 2010, the U.S. Supreme Court issued a ruling that changed the landscape of gun rights in Illinois. Its decision in McDonald v. The City of Chicago found the city’s ban on concealed firearms to be unconstitutional. When the state legislature created its concealed carry law in 2013, it provided municipalities in the state 10 days to develop local ordinances regarding assault weapons. Highland Park was one of several towns, all of them near Chicago, to restrict or ban such firearms.

Road to Washington

Earlier this year, the 7th Circuit Court of Appeals ruled against Dr. Friedman by a 2-1 decision. In the majority opinion, Judge Frank Easterbrook defended the ban, “If a ban on semi-automatic guns and large-capacity magazines reduces the perceived risk from a mass shooting and makes the pubic feel safer as a result, that’s a substantial benefit.” Many believe, however—including Judge Daniel Mannion, who wrote the dissenting opinion, that citizens should be able to choose which weapons make them feel safer.

Observers on both sides of the case have noted that, thus far, the Supreme Court has been hesitant to clearly define how far the rights guaranteed by the Second Amendment extend. Despite several landmark decisions, including McDonald, the court has ruled very narrowly in such cases, refusing to elaborate much further than absolutely necessary. Supporters of the appeal say that the high court’s silence has all but encouraged lower court judges to narrowly apply the Second Amendment as well, and that time has come for change.

Representation for Weapons Offense Cases

If you have been charged with any type of weapons-related offense, you need an attorney who is committed to protecting your rights. Contact an experienced criminal defense lawyer in Rolling Meadows today for your free consultation. We will review your case, examine your options, and help you decide how best to proceed. Your future is too important to trust just anyone. Call the Cosley Law Office at 847-253-3100 for an appointment.

 

Sources:

http://www.chicagotribune.com/news/ct-highland-park-assault-weapons-ban-20151017-story.html

http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

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