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Seventh Circuit Overturns Injunction Against Illinois "Assault Weapons Ban", Says AR-15s Aren't Protected Arms
Bearing Arms ^ | 11/3/23 | Cam Edwards

Posted on 11/03/2023 2:54:43 PM PDT by CFW

On the face of it, Friday’s decision by the Seventh Circuit Court of Appeals to overturn an injunction against enforcement of Illinois’ recently enacted ban on “assault weapons” and “large capacity” magazines doesn’t change circumstances on the ground. The three-judge panel that issued today’s decision had previously stayed U.S. District Judge Stephen McGlynn’s injunction while the state appealed, so the law has been in effect throughout litigation.

Still, the 2-1 decision does matter, both because it provides an opportunity for some or all of the plaintiffs to appeal on an emergency basis to the Supreme Court and because it will undoubtedly be cited by other anti-gun judges around the country, including those on the Ninth Circuit panel hearing the appeal of Judge Roger Benitez’s decision striking down California’s ban on “assault weapons.”

I won’t have a chance to do a deep dive into the opinion until this weekend, but one thing immediately stuck out to me as I was giving a quick look-over. The three-judge panel concluded that AR-15s (and presumably semi-automatic rifles in general) are not protected by the Second Amendment because they’re too close to machine guns:

(Excerpt) Read more at bearingarms.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News; Government
KEYWORDS: 2ndamendment; 2to1; 3judgepanel; 55to41; 7thcircuit; ar15s; assaultweapons; banglist; civilwar; clintonjudge; clintonstooge; dianewood; easterbrookisastooge; frankeasterbrook; grewinoffice; johnroberts; michaelbbrennan; michaelbrennan; rapinbilljudge; rapinbillstooge; reaganjudge; reaganstooge; sdillinois; seniormomentjudge; seventhcircuit; stephenmcglynn; stephenpmcglynn; stoogegrewinoffice; threejudgepanel; trumpjudge
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To: CFW

Here’s a little nugget of information for those jackasses on the court. “Machinegun = AUTOMATIC”
AR-15 = NOT AUTOMATIC. Get your heads out of your asses.


21 posted on 11/03/2023 3:49:51 PM PDT by FlingWingFlyer ('Build Back Better' is a Bidenskyyyyyyism for 'we gotta get rid of all dem white peoples'.)
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To: Yo-Yo

“His quotes from the opinion and his reactions are a multi-Tweet thread. Excellent reading.”


Thanks for that link.


22 posted on 11/03/2023 3:49:59 PM PDT by CFW (I will not comply!)
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To: Alas Babylon!
They have a witness that will testify the machine guns are everywhere. Some lady somewhere sees them.

.

23 posted on 11/03/2023 3:51:08 PM PDT by TLI (ITINERIS IMPENDEO VALHALLA)
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To: Alas Babylon!

I hope the USSC can expedite a ruling…. I would think that they’ll overturn it.
I hope so.


24 posted on 11/03/2023 3:51:30 PM PDT by telescope115 (I NEED MY SPACE!!! 🔭)
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To: Yo-Yo

“If the 9th comes up with the same conclusion ‘in light of Bruen,’ then SCOTUS will take it up and set a precedent for the nation.”

We can’t wait for these loser lower courts to make decisions. The clock is ticking on this one..,illannoy law requires them to be registered by 1/1/2024. Supremes must stay or we’re screwed.


25 posted on 11/03/2023 3:52:28 PM PDT by Bonemaker (invictus maneo)
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To: CFW

This is bull. This can’t stand.


26 posted on 11/03/2023 3:53:21 PM PDT by telescope115 (I NEED MY SPACE!!! 🔭)
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To: FlingWingFlyer

Or and RPG


27 posted on 11/03/2023 3:54:17 PM PDT by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: CFW

They’re not stupid.

They’re evil.

They think you’re stupid.

The funny part is, per “Miller”, military weapons are specifically protected by 2A.


28 posted on 11/03/2023 3:57:01 PM PDT by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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To: Alas Babylon!; All
Thank you for posting Alas Babylon!.

"...because they’re too close to machine guns...

THIS is a legal argument?"


The Supreme Court has previously discouraged interpolations and additions of the mostly plain language of the Constitution, the Seventeenth Circuit's statement about 2A an attempt to weaken 2nd Amendment (2A) protections imo.

“3. The Constitution was written to be understood by the voters [emphasis added]; its words and phrases were used in their normal and ordinary as distinguished from technical meaning; where the intention is clear, there is no room for construction and no excuse for interpolation or addition.” —United States v. Sprague, 1931.

But more importantly, the main problem with 2A is not necessarily anti-2A judges weakening that amendment, but the very corrupt, anti-2A Congress that is stubbornly refusing to remove anti-2A judges from the bench imo.

Consider that Congress likewise gets around 1st Amendment prohibition of laws that stifle religious expression and free speech for example, by confirming activist judges and then letting such judges get way with legislating such “laws” from the bench.

The remedy for activist judges who weaken 2A protections is this. Democratic and Republican Trump supporters need to get ready ASAP to primary all incumbent federal lawmakers up for reelection in 2024, except for MTG, Gaetz & Company, Jordan (and others?), replacing them with new pro-2A patriot lawmakers who will remove these judges.

29 posted on 11/03/2023 3:59:30 PM PDT by Amendment10
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To: CFW
Caetano v Massachusetts
30 posted on 11/03/2023 4:06:19 PM PDT by Gay State Conservative (Two Words: Banana Republic)
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To: Boomer

“Once again the rats prove they are the enemy of all real Americans.”


The only reason, and I mean the ONLY reason, that the government wants to outlaw the possession of commonly used arms by the American citizen, is that they plan to soon do something that the people will not like.


31 posted on 11/03/2023 4:07:23 PM PDT by CFW (I will not comply!)
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To: Amendment10

The ruling is devoid of law, history, and facts! This opinion may backfire on the left ‘bigly’ should SCOTUS take the case (and I’m confident they will) and then clarify their opinion on Bruen, Miller, and other more recent Second Amendment cases.


32 posted on 11/03/2023 4:22:48 PM PDT by CFW (I will not comply!)
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To: PROCON

Ping again!


33 posted on 11/03/2023 4:22:56 PM PDT by Joe Brower ("Might we not live in a nobler dream than this?" -- John Ruskin)
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To: CFW

The founder used the word “Arms” for a reason. Reading the entire amendment sheds light on why we have the 2nd amendment. And it makes no sense for a citizen to have to stand with a pee shooter while someone else is standing there with majorly superior weapons. The court are just full of political activists who have no respect for the constitution.


34 posted on 11/03/2023 4:31:28 PM PDT by Revel
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To: CFW

Yes. And those monthly 1 million purchases are largely semi auto pistols and semi auto rifles.

Not assault weapons.


35 posted on 11/03/2023 4:33:01 PM PDT by Texas Fossil (Texas is not about where you were born, but a Free State of Heart, Mind and Attitude.)
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To: CFW
The only reason, and I mean the ONLY reason, that the government wants to outlaw the possession of commonly used arms by the American citizen, is that they plan to soon do something that the people will not like.

I don't think it's the only reason. Control freak gun grabbers simply want to take our freedoms away. They always have. They don't believe we have the right to defend ourselves against enemies, domestic or foreign. They believe only they have the right to say who can carry and/or own guns. That's why I say they are the enemy of all true Americans. I don't see them as American at all. I barely see them as human most the time.

The Marxist rats only get worse, they never get better.

I do agree they don't want us to be able to defend ourselves against our own government gone bad, which it has.

36 posted on 11/03/2023 4:40:07 PM PDT by Boomer (The Long Winter is coming...)
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To: FlingWingFlyer

Then can a person charged with child porn use the same defense.
Your Honor, A 17 or 16 year is close to 18.


37 posted on 11/03/2023 4:40:49 PM PDT by midwest_hiker
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To: CFW
 
 
is that they plan to soon do something that the people will not like.
 
Already hip deep and then some in that "something", it's just they can't close the plans to satisfaction as fast as they'd like. They're an impatient lot, they want to be mafia dons now not years later, so am expecting increased lawless belligerence to come.
 
 

38 posted on 11/03/2023 4:44:34 PM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
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To: Joe Brower

“Ping again!”


Thanks for the ping. I can never remember who I’m supposed to “ping” for the Second Amendment “bang” Freepers!


39 posted on 11/03/2023 4:47:31 PM PDT by CFW (I will not comply!)
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To: Yo-Yo

There was a time in the 80s when I signed out a S&W revolver to carry with me when flying in bad places. So...revolvers are “military weapons” too! Ban them!

I was also issued a knife once...

I wonder if we can use a fork for defense.


40 posted on 11/03/2023 4:49:15 PM PDT by Mr Rogers (We're a nation of feelings, not thoughts.)
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