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
Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

News  

Monday, November 3, 2025

Trump Administration Cuts Off Funding Spigot to More Gun Control Groups

An NRA-ILA alert last month highlighted the ways in which President Donald Trump has used his office to safeguard our rights protected under the Second Amendment.

North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

ATF Proposes Beneficial Changes to Form 1 for NFA Firearms

News  

Monday, November 3, 2025

ATF Proposes Beneficial Changes to Form 1 for NFA Firearms

After the nasty tricks of the Biden-Harris administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) continues to hand out treats under President Trump.

Everytown Gun “Safety” Course: We Told Ya So

News  

Monday, November 3, 2025

Everytown Gun “Safety” Course: We Told Ya So

A few weeks ago, we mentioned that the anti-gun extremists at Everytown were ready to launch their own gun “safety” course. 

Virginia: Election Results Threaten Your Second Amendment Rights

Wednesday, November 5, 2025

Virginia: Election Results Threaten Your Second Amendment Rights

The recent election has brought significant changes to the electorate, and the results couldn’t be clearer. An anti-gun majority now controls the House of Delegates, and an anti-gun Governor is preparing to take office. Together, they ...

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

News  

Monday, November 3, 2025

Wall Street Journal Laments Self-Defense, Misleads on Facts and Law

Last week, the Wall Street Journal (WSJ) published an article entitled, “Six Words Every Killer Should Know: ‘I Feared for My Life, Officer.” Using a mis-mash of half-baked statistics, legal misinformation, and cherry-picked anecdotes, it ...

Trump DOJ Continues to Support the Second Amendment in the Courts

News  

Monday, November 3, 2025

Trump DOJ Continues to Support the Second Amendment in the Courts

Earlier this year, the U.S. Attorney for the District of Columbia, Jeanine Pirro, announced a critical change to policies affecting gun rights in Washington D.C.

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

News  

Monday, September 29, 2025

Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

There have been multiple developments on the Canadian gun grab and ban in the last few days, but the most astounding has got to be a leaked bombshell recording of the Liberal Public Safety Minister, ...

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

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.