IL Supreme Court Revives Challenge to Chicago’s Assault Weapons Ban

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The Illinois Supreme Court has reinstated a challenge to the 1993 Cook County (IL) ordinance that bans its citizens from buying, selling, owning or thinking about “assault weapons.” [Click here for the original ordinance. Click here for the Illinois Supreme Court ruling.] The Court’s decision reanimates a 2007 lawsuit filed by three residents. Matthew Wilson, Troy Edhlund, Joseph Messineo and gun rights activists in the Land of Lincoln are calling the ruling a victory—and cautioning that it will be another two years or more before the judicial branch could overturn the ban. That’s could. Mind you . . .

Lawyer Alan Gura threw fully automatic weapons—and thus “assault weapons”—under the bus in the U.S. Supreme Court’s Heller case (which struck down D.C.’s handgun ban). Gura accepted the High Court’s supposition that the Second Amendment didn’t cover machine guns because they aren’t in popular use (hence applicable to a citizen “militia”). And that’s because . . . they’re banned.

See the problem?

No wonder that the executive director of the Illinois State Rifle Association claims that the Cook County Assault Weapons ordinance “bans the most popular hunting rifles . . . that there are in the country.” Hunting. Right.