Explore The NRA Universe Of Websites

Gun Ban Upheld, Federal Appellate Court Uses "Feelings" to Justify It

Friday, May 1, 2015

Gun Ban Upheld, Federal Appellate Court Uses "Feelings" to Justify It

The U.S. Seventh Circuit Court of Appeals issued a decision on Monday allowing a Chicago-area gun and magazine ban to stand. Such bans are justifiable, according to the court, merely on the basis that they "may increase the public's sense of safety."

The case, Friedman v. Highland Park, was filed in 2013, and sought to invalidate a city ordinance that banned "assault weapons or large capacity magazines (those that can accept more than ten rounds)."  Highland Park was one of several Chicago suburbs that hastily enacted municipal ordinances regulating or banning the possession of "assault weapons" before the state's 2013 concealed carry law preempted home-rule authority to do so.

This week, in a 2-1 decision, a three-judge panel upheld the ban. According to the majority opinion, "A ban on assault weapons won't eliminate gun violence in Highland Park, but it may reduce overall dangerousness of crime that does occur …." Remarkably, the majority went on to suggest that even if the ban's incursion on Second Amendment rights had no beneficial effect on safety whatsoever, it could still be justified on the basis of the false sense of security it might impart to local residents. "[I]f it has no other effect," the majority wrote, "Highland Park's ordinance may increase the public's sense of safety. Mass shootings are rare, but they are highly salient, and people tend to overestimate the likelihood of salient events."
"If a ban on semiautomatic 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," the opinion argued. 
The majority acknowledged that "assault weapons" can be beneficial for self-defense because they are lighter and more accurate than alternative options and can be wielded more effectively by householders. Yet they quickly threw their own logic aside to reassert the city's interest in reducing perceived risk over the tangible benefits that that modern firearms provide to their owners. "If a ban on semiautomatic 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," the opinion argued.

Judge Daniel Anthony Manion dissented from the majority opinion.  Manion forcefully and persuasively argued that the ruling opinion is "at odds with the central holdings in Heller and McDonald: that the Second Amendment protects a personal right to keep arms for lawful purposes, most notably for self-defense within the home."

He went on to press the point that only individuals "make the ultimate decision for what constitutes the most effective means of defending one's home, family, and property." In stark contrast to the majority, Judge Manion was willing to recognize the constitutional dimensions that individual choice makes in the Second Amendment realm, just as it does with other fundamental rights. "Ultimately, it is up to the lawful gun owner and not the government to decide these matters," he wrote.

Judge Manion's reminder that when it comes to our fundamental rights, "The government recognizes these rights; it does not confer them," cannot be overemphasized. Unfortunately, his colleagues refused to uphold their duty to recognize either the right at stake or Highland Park's violation of it. Rest assured, however, that your NRA will continue the fight to see that injustice corrected.

TRENDING NOW
Virginia: Gun Bill Updates As Crossover Deadline Arrives

Tuesday, February 17, 2026

Virginia: Gun Bill Updates As Crossover Deadline Arrives

Today, February 17th is the legislative crossover deadline in Virginia, and any bills that have not left their chamber of origin by the end of the day are considered dead for the session.

California: Senate Judiciary Hearing Bill to Use Gun Owners as Political Pawns

Tuesday, April 5, 2022

California: Senate Judiciary Hearing Bill to Use Gun Owners as Political Pawns

Today, at 1:30PM, the Senate Judiciary Committee will hear Senate Bill 1327. Introduced by Senator Robert Hertzberg (D-18), it creates a private right of action that allows individuals to file civil suits against anyone who manufactures, distributes, transports, ...

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

News  

Tuesday, February 17, 2026

VA Announces End To Policy that Strips the Second Amendment Rights of Veterans

Today, the Department of Veterans Affairs (VA) announced that the VA will no longer report veterans to the FBI’s National Instant Criminal Background Check System (NICS) solely because they have been assigned a fiduciary to assist them ...

New Mexico: Anti-Gun Bills Heard in Committee

Tuesday, February 17, 2026

New Mexico: Anti-Gun Bills Heard in Committee

Today, Senate Bill 17, the omnibus gun control bill, was heard in the House Judiciary Committee and Senate Bill 261, expanding gun free zones around ballot drop boxes and polling places, was heard in the House Government ...

New Mexico: Sweeping Gun Control Bill to Be Heard Tomorrow!

Monday, February 16, 2026

New Mexico: Sweeping Gun Control Bill to Be Heard Tomorrow!

Tomorrow, the New Mexico House Judiciary Committee will hear the omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability of local firearm retailers. With ...

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

News  

Tuesday, February 17, 2026

“Violence Interrupters” Demonstrate Wishful Thinking is Not Crime Control

Not too long ago, Illinois Governor JB Pritzker dismissed President Donald Trump’s assessment of over-the-top violent crime in Chicago as being rooted in “lies,” saying that “civilian law enforcement is how you fight crime,” and “[w]e’ve got ...

Virginia Legislature Moves Semi-Auto and Magazine Ban as RAND Notes Lack of Evidence in Deterring Violent Crime

News  

Tuesday, February 17, 2026

Virginia Legislature Moves Semi-Auto and Magazine Ban as RAND Notes Lack of Evidence in Deterring Violent Crime

The Democrat-controlled Virginia General Assembly continues to move forward with unconstitutional legislation banning commonly-owned semi-automatic firearms and standard capacity magazines. 

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Tuesday, February 17, 2026

Oregon: Legal and Policy Concerns Ignored as Ballot Measure 114 Implementation Bill Advances

Yesterday, the House Judiciary Committee held a work session to “fix” the extremely flawed gun control Ballot Measure 114, where it was advanced out of the committee. 

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.