Posted on Monday, September 29th, 2014
Earlier this month, U.S. District Court Judge John Darrah handed the gun sense movement yet another legal victory by upholding a local ordinance that prohibits military-style assault weapons and large capacity ammunition magazines (“LCMs”) in the city of Highland Park, Illinois. The decision is the most recent in a growing string of cases unanimously finding that prohibitions on assault weapons and LCMs do not infringe on the Second Amendment1.
Plaintiffs in the case, Friedman v. City of Highland Park, tried unsuccessfully to argue that the ordinance violated Second Amendment rights, but after carefully weighing the evidence from both sides, Judge Darrah firmly disagreed. “The record is clear,” he wrote, “that the features of the prohibited firearms, including LCMs, derive from military weapons with a decidedly offensive purpose of quickly acquiring multiple targets and firing at those targets without a frequent need to reload.” In light of their deadly nature, the judge concluded that prohibiting assault weapons and LCMs is a reasonable way to protect public safety without unconstitutionally burdening self-defense rights.
- See, Heller v. District of Columbia, 670 F. 3d 1244, 1260-64 (D.C. Cir. 2011) (upholding the District of Columbia’s ban on assault weapons and large capacity ammunition magazines after applying intermediate scrutiny); N.Y. State Rifle & Pistol Ass’n v. Cuomo, 2013 U.S. Dist. LEXIS 182307 (W.D.N.Y. Dec. 31, 2013) (upholding New York’s assault weapon and large capacity ammunition magazine ban under the same standard); Kampfer v. Cuomo, 2014 U.S. Dist. LEXIS 1479 (N.D.N.Y Jan. 7, 2014) (upholding New York’s assault weapons ban by finding it does not substantially burden Second Amendment rights); Colo. Outfitters Ass’n v. Hickenlooper, 2014 U.S. Dist. LEXIS 87021 (D. Colo. June 26, 2014) (upholding Colorado’s ban on large capacity ammunition magazines); Kolbe v. O’Malley, 2014 U.S. Dist. LEXIS 110976 (D. Md. Aug. 12, 2014) (upholding Maryland’s ban on assault weapons and large capacity ammunition magazines). [↩]