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Posted: 4/28/2015 10:52:54 AM EDT
A federal court Monday upheld Highland Park's ban on assault weapons -- possibly setting the stage for a showdown over the issue before the U.S. Supreme Court.
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https://www.nraila.org/articles/20150428/illinois-appeals-court-upholds-highland-park-semi-auto-ban
Link Posted: 4/28/2015 10:58:41 AM EDT
FBHO
Link Posted: 4/28/2015 11:01:18 AM EDT
Upheld because... Feelings

If it has no other effect, Highland Park’s ordinance may increase the public’s sense of safety... If a ban on semi- automatic 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.
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Link Posted: 4/28/2015 11:02:26 AM EDT
I'm shocked.
Link Posted: 4/28/2015 11:02:37 AM EDT

I can understand the ban.

Those things are scary!

Only highly trained military, law enforcement and mall security should be allowed to have them.
Link Posted: 4/28/2015 11:04:08 AM EDT
[Last Edit: 4/28/2015 11:04:26 AM EDT by fla556guy]
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Originally Posted By Dvorak:
Upheld because... Feelings

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Originally Posted By Dvorak:
Upheld because... Feelings

If it has no other effect, Highland Park’s ordinance may increase the public’s sense of safety... If a ban on semi- automatic 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.


I never thought I'd see feels used as a legal premise.

These days, I expect it to be argument #1.
Link Posted: 4/28/2015 11:04:45 AM EDT
If only there was a recent example we could use to show their usefulness in self defense.
Link Posted: 4/28/2015 11:05:45 AM EDT
Well good luck Illinois folk. Savages ain't going to let up now for sure.
Link Posted: 4/28/2015 11:06:44 AM EDT
[Last Edit: 4/28/2015 11:08:28 AM EDT by MikeE23666]
Shit-cago wins again. That little blurb below affirms my belief liberals have a very loose grab on the Constitution and reality.
He is thumbing his nose at the Constitution.



“I’m delighted that the court affirmed that local governments have the ability to determine the best and most effective way to protect its citizens, within the structure of the Constitution,” he said."

Posted Via AR15.Com Mobile
Link Posted: 4/28/2015 11:08:11 AM EDT
dem feels yo
Link Posted: 4/28/2015 11:09:33 AM EDT
OP what is the mood on DU?
Link Posted: 4/28/2015 11:10:32 AM EDT
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Originally Posted By BladedRonin:
FBHO
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Link Posted: 4/28/2015 11:10:41 AM EDT
I doubt if the Supreme Court would take the case.
Link Posted: 4/28/2015 11:11:08 AM EDT
Now why does recent so called victories in the Supreme Court knock this out? Anyone?
Link Posted: 4/28/2015 11:12:36 AM EDT
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Originally Posted By fla556guy:


I never thought I'd see feels used as a legal premise.

These days, I expect it to be argument #1.
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Originally Posted By fla556guy:
Originally Posted By Dvorak:
Upheld because... Feelings

If it has no other effect, Highland Park’s ordinance may increase the public’s sense of safety... If a ban on semi- automatic 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.


I never thought I'd see feels used as a legal premise.

These days, I expect it to be argument #1.


We should limit freedom of assembly. Freedom of assembly to protest seems to lead to rioting. Rioting doesn't make me feel safe. My feelings trump the 1st amendment!
Link Posted: 4/28/2015 11:13:27 AM EDT
LOL. I guess we can add feelings of safety as a government interest to the intermediate scrutiny standards regarding free speech and sexual orientation.
Link Posted: 4/28/2015 11:14:46 AM EDT
But the new ruling by the federal appeals court cited those Supreme Court decisions while also maintaining long-standing prohibitions on “dangerous and unusual weapons.”
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which isn't defined, as Nolo has brought up in his case.
Link Posted: 4/28/2015 11:16:08 AM EDT
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Originally Posted By AlexanderA:
I doubt if the Supreme Court would take the case.
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They have consistently rejected every 2A case since McDonald. They won't take this one.

P.S. You have a Pit Thread to attend. Don't run out the clock.

http://www.ar15.com/forums/t_1_130/1652542_AlexanderA__get_your_marxist_self_in_here_.html
Link Posted: 4/28/2015 11:16:19 AM EDT
And here we go...right to the SCOTUS
Link Posted: 4/28/2015 11:18:06 AM EDT
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Originally Posted By coldair:
OP what is the mood on DU?
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Link Posted: 4/28/2015 11:18:44 AM EDT
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Originally Posted By fla556guy:


I never thought I'd see feels used as a legal premise.

These days, I expect it to be argument #1.
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Originally Posted By fla556guy:
Originally Posted By Dvorak:
Upheld because... Feelings

If it has no other effect, Highland Park’s ordinance may increase the public’s sense of safety... If a ban on semi- automatic 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.


I never thought I'd see feels used as a legal premise.

These days, I expect it to be argument #1.



If you get robbed, it doesn't matter whether the robber had a real weapon or a fake weapon. As long as you "felt" threatened by a weapon, it counts.
Link Posted: 4/28/2015 11:19:20 AM EDT




FBHO
Link Posted: 4/28/2015 11:19:52 AM EDT
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Originally Posted By Bedouin2W:

which isn't defined, as Nolo has brought up in his case.
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Originally Posted By Bedouin2W:
But the new ruling by the federal appeals court cited those Supreme Court decisions while also maintaining long-standing prohibitions on “dangerous and unusual weapons.”

which isn't defined, as Nolo has brought up in his case.


The shitty part of this is that the Judge in Nolo's case can use this as persuasive authority and assert if the semi-auto version of the M-16 is deemed to be "dangerous and unusual" then certainly the full-auto version would fall within that category.
Link Posted: 4/28/2015 11:20:24 AM EDT
Link Posted: 4/28/2015 11:21:53 AM EDT
After the passage of the CCW law, the local municipalities had 10 days to enact any restrictions on AWB.

If HP succeeded in doing so in the allotted time, then this was a waste of litigation.

I don't care as long as handgun pre-emption is still on the table.


and fuck highland park. that suburb sucks anyway.
Link Posted: 4/28/2015 11:23:01 AM EDT
Unconstitutional and ineffective.
Link Posted: 4/28/2015 11:23:09 AM EDT
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Originally Posted By Dvorak:
Upheld because... Feelings

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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dvorak:
Upheld because... Feelings

If it has no other effect, Highland Park’s ordinance may increase the public’s sense of safety... If a ban on semi- automatic 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.


That sounds like a reasons to ban anything. Bald eagles may kill small dogs, so Highland Park will kill any bald eagle that flies within city limits. Trucks with loud horns may scare old people, so Highland Park will ban trucks within city limits.
Link Posted: 4/28/2015 11:25:03 AM EDT
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Originally Posted By coldair:
OP what is the mood on DU?
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What you did there...
Link Posted: 4/28/2015 11:26:50 AM EDT
How an issue may make someone "feel" is now a legal precedent?

WTF?

At least come up with some sort of legal language bullshit
Link Posted: 4/28/2015 11:29:11 AM EDT
"Banning ethnic teens from walking the streets after dark would make me fell safer" should that fly in court as well? both are protected rights? but should they be restricted for a 'sense of safety'? or is the example a fallacy of poor comparison?
Link Posted: 4/28/2015 11:30:30 AM EDT
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Originally Posted By Throwsabender:



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Originally Posted By Throwsabender:
Originally Posted By coldair:
OP what is the mood on DU?






Link Posted: 4/28/2015 11:32:05 AM EDT
[Last Edit: 4/28/2015 11:37:38 AM EDT by TacticalHeater]
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Originally Posted By ataris121:
"Banning ethnic teens from walking the streets after dark would make me fell safer" should that fly in court as well? both are protected rights? but should they be restricted for a 'sense of safety'? or is the example a fallacy of poor comparison?
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Statistically speaking you are at a much higher risk of this group vs guns in a town.


I'd also feel safer if that group was excluded...but I guess some rights trumps others rights.
Link Posted: 4/28/2015 11:40:07 AM EDT
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Originally Posted By IEC:
Unconstitutional and ineffective.
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Neither of those things has stopped a lefty from passing a law yet.
Link Posted: 4/28/2015 11:43:42 AM EDT
yay highland park
Link Posted: 4/28/2015 11:44:13 AM EDT
Well, I did hear the dissent is very good and makes a lot of arguments why the decision shouldn't stand on appeal.
Link Posted: 4/28/2015 11:48:24 AM EDT
Fuck Highland Park. I know where to go when SHTF now.
Link Posted: 4/28/2015 11:49:19 AM EDT
[Last Edit: 4/28/2015 11:49:52 AM EDT by DaveM4P99]
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Originally Posted By Spade:
Well, I did hear the dissent is very good and makes a lot of arguments why the decision shouldn't stand on appeal.
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Too bad the dissent goes right into the garbage...never to be seen ever again.

And SCOTUS has abandoned gun cases completely. As long as a state doesn't outright ban ALL guns...any restrictions are A-OK with SCOTUS and all of the circuits.

Such bullshit.

Can't wait to read the amount of bullshit that comes from the 2nd circuit when they uphold the SAFE act in NY...we will be lucky to own single shot guns after the 2nd circuit gets done penning their "decision."
Link Posted: 4/28/2015 11:50:42 AM EDT
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Originally Posted By Spade:
Well, I did hear the dissent is very good and makes a lot of arguments why the decision shouldn't stand on appeal.
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Originally Posted By Spade:
Well, I did hear the dissent is very good and makes a lot of arguments why the decision shouldn't stand on appeal.


I don't appreciate the dissent containing statements such as-
In the case of machine guns, nobody has argued, before or since, that ordinary citizens used these weapons for lawful purposes, and so they have been rightly deemed not to fall within the ambit of the Second Amendment.
Link Posted: 4/28/2015 11:51:45 AM EDT
Liberals make me sad. They should be banned.
Link Posted: 4/28/2015 11:53:34 AM EDT
Move to a free state?
Link Posted: 4/28/2015 11:54:40 AM EDT
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Originally Posted By Dvorak:


I don't appreciate the dissent containing statements such as-
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Originally Posted By Dvorak:
Originally Posted By Spade:
Well, I did hear the dissent is very good and makes a lot of arguments why the decision shouldn't stand on appeal.


I don't appreciate the dissent containing statements such as-
In the case of machine guns, nobody has argued, before or since, that ordinary citizens used these weapons for lawful purposes, and so they have been rightly deemed not to fall within the ambit of the Second Amendment.

at least this could be cited as evidence that the judges had no fucking idea what they were issuing opinions on.
Link Posted: 4/28/2015 11:58:28 AM EDT
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Originally Posted By BladedRonin:
FBHO
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FPNI
Link Posted: 4/28/2015 12:13:13 PM EDT
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Originally Posted By Dvorak:
Upheld because... Feelings

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Originally Posted By Dvorak:
Upheld because... Feelings

If it has no other effect, Highland Park’s ordinance may increase the public’s sense of safety... If a ban on semi- automatic 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.


That's exactly the same as airport security, it makes people feel safer.
Link Posted: 4/28/2015 1:33:27 PM EDT
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Originally Posted By FrankDrebin:


The shitty part of this is that the Judge in Nolo's case can use this as persuasive authority and assert if the semi-auto version of the M-16 is deemed to be "dangerous and unusual" then certainly the full-auto version would fall within that category.
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Originally Posted By FrankDrebin:
Originally Posted By Bedouin2W:
But the new ruling by the federal appeals court cited those Supreme Court decisions while also maintaining long-standing prohibitions on “dangerous and unusual weapons.”

which isn't defined, as Nolo has brought up in his case.


The shitty part of this is that the Judge in Nolo's case can use this as persuasive authority and assert if the semi-auto version of the M-16 is deemed to be "dangerous and unusual" then certainly the full-auto version would fall within that category.



Unfortunately, this
Link Posted: 4/28/2015 1:34:35 PM EDT
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Originally Posted By 6winchester2:



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Originally Posted By 6winchester2:
Originally Posted By Throwsabender:
Originally Posted By coldair:
OP what is the mood on DU?









I'm glad you support gun bans
Link Posted: 4/28/2015 1:37:47 PM EDT
[Last Edit: 4/28/2015 1:38:35 PM EDT by WVNed]
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Originally Posted By Dvorak:
Upheld because... Feelings

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Originally Posted By Dvorak:
Upheld because... Feelings

If it has no other effect, Highland Park’s ordinance may increase the public’s sense of______________________________________ _______________________________________________________ and makes the public feel safer as a result, that’s a substantial benefit.
Fill in the blank law
Link Posted: 4/28/2015 1:47:58 PM EDT
FPNI.
Link Posted: 4/28/2015 2:08:36 PM EDT
[Last Edit: 4/28/2015 2:09:44 PM EDT by Bartholomew_Roberts]
Here is the Opinion by the 3-judge panel:
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2015/D04-27/C:14-3091:J:Easterbrook:aut:T:fnOp:N:1541776:S:0

Pretty clearly the majority judges have both a limited understanding of firearms and are predisposed to support gun control. They find that the Second Amendment doesn't protect firearms not in common use at the time the country was founded for example Apparently they handed that opinion down in quill and ink on tanned goat hide.
Link Posted: 4/28/2015 2:23:29 PM EDT
[Last Edit: 4/28/2015 2:24:27 PM EDT by Twelvepack]
SCOTUS will take this, and they will overturn it. It is essentially a lower court flat-out saying they don't have to abide by the SCOTUS decisions. The Supreme Court will put the smack-down on this, and will leave a mark with it as well.

In the end, this will affirm gun rights more firmly than had the federal court upheld overturned.

Three Reagan appointees. No way was that the intent.

Edited: Woops.
Link Posted: 4/28/2015 2:23:34 PM EDT
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Originally Posted By FrankDrebin:


The shitty part of this is that the Judge in Nolo's case can use this as persuasive authority and assert if the semi-auto version of the M-16 is deemed to be "dangerous and unusual" then certainly the full-auto version would fall within that category.
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Originally Posted By FrankDrebin:
Originally Posted By Bedouin2W:
But the new ruling by the federal appeals court cited those Supreme Court decisions while also maintaining long-standing prohibitions on “dangerous and unusual weapons.”

which isn't defined, as Nolo has brought up in his case.


The shitty part of this is that the Judge in Nolo's case can use this as persuasive authority and assert if the semi-auto version of the M-16 is deemed to be "dangerous and unusual" then certainly the full-auto version would fall within that category.


Not that you can own full auto in Illinois anyway....
Link Posted: 4/28/2015 2:36:12 PM EDT
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Originally Posted By BabyGlock_27:
After the passage of the CCW law, the local municipalities had 10 days to enact any restrictions on AWB.

If HP succeeded in doing so in the allotted time, then this was a waste of litigation.

I don't care as long as handgun pre-emption is still on the table.


and fuck highland park. that suburb sucks anyway.
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Double-fuck Highland Park.

Meanwhile, every surrounding suburb chose 2nd Amendment freedom.

Even the liberal oasis of Evanston, where I live, chose NOT to ban them... even though it was proposed and had wide support... even though the Mayor was a member of MAIG... even though Moms Demand Anal showed up at the City Hall hearing, shouting propaganda and passionate nonsense.

The view of the City Council was that they would not (to use their exact words) ban a gun simply on the basis of its appearance.

Our Chief of Police was the wise man who the Council listened to before making this decision.
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