The Supreme Court, without comment, allowed Illinois’ latest ban on so-called “assault weapons” to go into effect temporarily while the U.S. Court of Appeals for the 7th Circuit considers the case. A gun shop owner in Illinois asked for an injunction against the ban, and that request wormed its way up to the highest court of the land, only to be smacked down without so much as a comment.
It’s A Constitutional Right
The Second Amendment gives us the right to keep and bear arms, and the Supreme Court re-affirmed that right with Heller (2008) when it stated that the Second Amendment protects arms in “common use” and that are “typically possessed by law-abiding citizens for lawful purposes.”
When states pass legislation that limits 2nd Amendment rights, the presumption of the peoples' right to keep and bear arms should mean that the new law should be enjoined until the case makes its way through the appeals process. Frankly, this should be the default for any law abridging Constitutional rights. When a state says that a Constitutional right needs to be limited, it's implying that the citizens of that state are abusing that right, and those citizens should be presumed innocent until proven otherwise. As a consquence, any law that restrict those rights should be enjoined until it's proven that the citizens are guilty of the abuse they're being accused of.
Illinois’ ban defiantly ignores Heller (as does Washington State’s latest ban as well). The fact that the Supreme Court can’t even be bothered to uphold their own ruling is a slap in the face of American gun owners, and should be viewed as such.
A Trump-friendly court with five solidly conservative justices, a waffling Roberts and three leftists should be able to get this right. The fact that they didn’t is an absolute travesty of justice. The fact that they didn’t even feel it necessary to explain their decision is an abandonment of their duty, and they should be ashamed.
The Seventh Circuit has 11 Republican-appointed justices and 5 Democrat-appointed justices. It’s ruled correctly on 2A cases in the past, even handing
Where’s This Headed?
The Seventh Circuit has 11 Republican-appointed justices and 5 Democrat-appointed justices. It’s ruled correctly on 2A cases in the past, even handing Illinois defeats on concealed carry bans, so it’s possible that the eventual ruling will go our way. If the 7th gets it wrong, the Supreme Court will likely find the ban unconstitutional on Heller grounds, but like any court case, it’s anyone’s guess as to what will actually happen.
Put some prayer behind this one – Illinois gun owners deserve to have the same rights as all other Americans. Let’s hope this travesty doesn’t become another stain on the legacy of this court.
