A district court judge ruled Thursday that Highland Park’s ban on assault weapons and large-capacity magazines does not violate constitutional rights under the Second Amendment, according to the city.

In his ruling, Judge John Darrah concluded that the city had a public interest in banning military-style firearms, and that the ban did not significantly burden the constitutional right to armed self-defense.

“Highland Park has established a close fit between the ordinance and its stated objective of providing for the protection and safety of its inhabitants,” Darrah wrote.

The Highland Park City Council acted to ban assault weapons in June 2013, during a 10-day window provided by the state legislature in the Firearms Concealed Carry Act. It was one of only a few municipalities to do so.

Six months later, Highland Park pediatrician Arie Friedman and the Illinois State Rifle Association filed a lawsuit seeking an injunction to prevent the ban from being enforced. It was originally filed in Lake County Circuit Court and was transferred to the U.S. District Court of Illinois on Dec. 19.

In addition to arguing that the city’s ban on assault weapons violated the Second Amendment, the suit also alleged that the ban was more of a symbolic political gesture than a response to any real or perceived threat to Highland Park residents.

The lawsuit noted that the city has a low incidence of crime of any kind, particularly violent crime. Only 17 incidents of violent crime were recorded in 2010, and none of them was a homicide, according to court documents.

“In their request for an injunction, the plaintiffs claim the city should not be entitled to enforce this ordinance because there is no history of gun violence in the city of Highland Park,” Highland Park city attorney Steven Elrod said in January. “We don’t read the law that way. We believe that the city has the right to be proactive in its governance.

“When the city adopted the ordinance in June, it made a finding that the possibility of gun violence could exist in a small town suburban setting. It pointed to the tragedies in Newtown [Connecticut] and Aurora [Colorado].”

Mayor Nancy Rotering called the court’s decision a resounding victory for the city.

“The City of Highland Park took action because it was in the best interest of those we serve,” she said in a press release. “While we were confident of the legality of our legislation, we appreciate that the U.S. District Court recognized, so decisively, that our actions were lawful and that we maintain the right to protect our community.”

Friedman and the Illinois State Rifle Association have indicated that they plan to appeal the decision, according to city officials.

“The City is confident that it will prevail at that level as well,” the release said.

The city spent $89,887 in legal fees defending the assault weapons ban in the first three months of 2014, according to legal bills obtained through a Freedom of Information request in May of this year. As of April 1, work was done pro bono by the Perkins Coie law firm through an arrangement with the Brady Center to Prevent Gun Violence.

Quoted:
Think of the children!

Quoted:
So does this now head to the 7th Circuit Court of Appeals?