Victory: Chicago Suburb’s Ban on Deadly Weapons Upheld

Posted on Friday, May 1st, 2015

In yet another major win for smart gun laws, the Seventh Circuit ruled this week that an ordinance adopted by Highland Park, Illinois, prohibiting assault weapons and large capacity ammunition magazines (LCAMs) does not violate the Second Amendment.

We were proud to file an amicus brief in the case, Friedman v. City of Highland Park, with the help of Katten Muchin Rosenman LLP, this year’s recipient of the Law Center’s Richard W. Odgers Pro Bono Partner Award. Highlighting the devastating role that assault weapons and large capacity magazines play in mass shootings and other gun crimes, the brief argued that the city’s prohibition on these military-style weapons is consistent with the Second Amendment.

The Law Center was founded in the wake of an assault weapon rampage, where the shooter also used large capacity magazines to kill nine and injure six at a law firm at 101 California Street in San Francisco in 1993. These weapons make it significantly easier for people to shoot more rounds more quickly, increasing the number of victims. Large capacity ammunition magazines are used disproportionately in mass shootings like those in Newtown, Aurora, Tucson, and Virginia Tech.

In a 2–1 decision authored by the prolific appellate judge, Frank Easterbrook, the Seventh Circuit agreed with the Law Center’s assessment of the case. “That laws similar to Highland Park’s reduce the share of gun crimes involving assault weapons is established by data,” Judge Easterbrook wrote. “A ban on assault weapons and large capacity magazines… may reduce the carnage if a mass shooting occurs.”

Also of great importance to the court was the ordinance’s minimal impact on self-defense. “Unlike the District of Columbia’s ban on handguns [at issue in the landmark Heller case], Highland Park’s ordinance leaves residents with many self-defense options.” As a result, the court concluded that the city’s prohibition on assault weapons and large capacity ammunition magazines does not violate the Second Amendment.

This victory yet again demonstrates the unprecedented momentum across the country for common-sense gun laws. The ruling is the second so far this year regarding prohibitions on military-style weapons, following the Ninth Circuit’s recent ruling upholding a Sunnyvale, CA, ban on possessing large capacity magazines. Several similar cases are currently pending in federal appellate courts across the country, including the Second, Fourth, and Tenth Circuits. The Law Center filed amicus briefs in each of these cases as part of our commitment to fight for smart gun laws that will save countless lives. We expect positive outcomes in these cases–stand with us in the fight for safer communities for everyone and become a member today.

Learn more about large capacity ammunition magazines and the dangers of assault weapons by visiting our policy page.

 

Private Sales in Wyoming

Posted on Friday, May 1st, 2015

Private firearms transfers (i.e., transfers by individuals other than licensed dealers) are not subject to a background check requirement in Wyoming.

See our Private Sales policy summary for a comprehensive discussion of this issue.

Ammunition Regulation in Nebraska

Posted on Thursday, April 30th, 2015

Nebraska does not:

See our Ammunition Regulation policy summary for a comprehensive discussion of this issue.

Non-Powder Guns in Nebraska

Posted on Thursday, April 30th, 2015

Nebraska has no law restricting non-powder guns.

See our Non-Powder Guns policy summary for a comprehensive discussion of this issue.

Machine Guns & Automatic Firearms in Nebraska

Posted on Thursday, April 30th, 2015

In Nebraska, any person who transports or possesses any machine gun commits a Class IV felony.1 This does not apply to any person qualified under federal law to possess or transport machine guns.2

Machine gun means “any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.”3

See our Machine Guns policy summary for a comprehensive discussion of this issue.

  1. Neb. Rev. Stat. § 28-1203(1). []
  2. Neb. Rev. Stat. § 28-1203(2). []
  3. Neb. Rev. Stat. § 28-1201(7). []

Fifty Caliber Rifles in Nebraska

Posted on Thursday, April 30th, 2015

Nebraska has no law restricting fifty caliber rifles.

See our Fifty Caliber Rifles policy summary for a comprehensive discussion of this issue.

Large Capacity Ammunition Magazines in Nebraska

Posted on Thursday, April 30th, 2015

Nebraska has no law restricting large capacity magazines.

See our Large Capacity Ammunition Magazines policy summary for a comprehensive discussion of this issue.

Assault Weapons in Nebraska

Posted on Thursday, April 30th, 2015

Nebraska has no law restricting assault weapons.

See our Assault Weapons policy summary for a comprehensive discussion of this issue.

Child Access Prevention in Nebraska

Posted on Thursday, April 30th, 2015

Nebraska prohibits any person from knowingly and intentionally transferring or attempting to transfer the possession of a firearm to a juvenile (a person under age 18).1

However, this section does not apply to the transfer of a rifle or shotgun:

  • From a person related to the juvenile within the second degree of consanguinity or affinity if express permission has been obtained from the juvenile’s parent or guardian prior to transfer;
  • For a legitimate and lawful sporting purpose; or
  • To a juvenile who is under direct adult supervision in an appropriate educational program.2

This section also does not apply to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.3

Firearms dealers are required to distribute to all firearms purchasers information developed by the Nebraska Department of Health and Human Services regarding “the dangers of leaving loaded firearms unattended around children.”4

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

  1. Neb. Rev. Stat. § 28-1204.01(1). Neb. Rev. Stat. § 28-1201(3) defines “juvenile” as a person under age 18. []
  2. Neb. Rev. Stat. § 28-1204.01(2). []
  3. Neb. Rev. Stat. §§ 28-1204(2), 28-1204.01(3). []
  4. Neb. Rev. Stat. § 69-2426(1). []

Personalized & Owner-Authorized Firearms in Nebraska

Posted on Thursday, April 30th, 2015

Nebraska does not require firearms to be personalized.

See our Personalized Firearms policy summary for a comprehensive discussion of this issue.