Skip to comments.Illinois top court allows suit vs. assault weapon ban
Posted on 04/05/2012 8:06:23 AM PDT by RC one
SPRINGFIELD Gun rights advocates scored a victory Thursday when the Illinois Supreme Court decided to allow a challenge to Cook Countys assault weapons ban to proceed.
The court ruled that lower courts were wrong to throw out the challenge. The Supreme Court said it wants the trial court to hear evidence on whether assault weapons get the same Second Amendment protections as handguns.
Cook County banned the sale or possession of assault weapons in 1993. The ordinance included details of what constituted an assault weapon and examples of banned guns, but it was aimed at high-capacity, rapid-fire rifles and pistols. The law was expanded in 2006 to ban large ammunition magazines.
The ban was challenged by three Cook County residents who said they had perfectly valid reasons to own the prohibited weapons, from hunting to target shooting to personal protection. They argued that the law was too vague and too broad, with little connection to the goal of increasing public safety.
A trial court rejected their challenge, as did the state appeals court.
Then the U.S. Supreme Court struck down a Chicago ordinance that essentially banned handguns. It held that the 2nd Amendment establishes a fundamental right to possess a handgun for self-defense. The Illinois appeals court took another look at the case in light of the new Supreme Court ruling but still found the Cook County ban was constitutional.
****Cook County banned the sale or possession of assault weapons in 1993****
I read years ago that the Illinois State Constitution has the right to own firearms but is “Subject to the Police Power....”
But gun bans in Cook County in general and Chicago in particular have worked out so well. There are no shootings in Chi....oh wait.
I guess the gang bangers didn’t get the memo from the libs.
Tragic when just getting a case accepted is counted as a victory.