US District Court upholds Cook County, Illinois ban on "assault weapons"

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US District Court upholds Cook County, Illinois ban on "assault weapons"

#1 Post by DispositionMatrix » Wed Aug 08, 2018 1:48 pm

Wilson v. Cook County, Ill
https://s14544.pcdn.co/wp-content/uploa ... 0-6407.pdf

Federal court upholds Cook County ‘assault weapon’ ban
In a short seven-page memo handed down last Friday, the court sided with Cook County, saying the local government’s 2005 ordinance on assault weapons falls “outside the scope” of the Second Amendment protections on an individual right to keep and bear arms.

Judge Manish S. Shah, a 2014 appointment to the federal bench by President Obama, held there was fundamentally no difference between the contested Cook County regulations and one adopted in 2013 by the Chicago suburb of Highland Park, the latter of which was upheld by the U.S. 7th Circuit with further challenge subsequently turned away by the Supreme Court.

Edhlund and Wilson argued through their attorneys that the Cook County ban used fuzzy, ambiguous definitions that could be broadly applied to outlaw almost any semi-auto. For instance, one of the men owned an M1 Garand — a rifle with an eight-round internal magazine — as well as several rifles such as a French MAS 49/56, Egyptian Hakim and Romak 3 which used detachable magazines capable of holding less than the legal limit in the county, but since the law defined an assault rifle as one with “the capacity to accept” a larger magazine, the guns in question may be illegal if viewed through such a theoretical lens.
2011 judgment from Illinois appeals court:
https://caselaw.findlaw.com/il-court-of ... 55737.html

Previous threads on bans in Illinois:
Illinois town bans possession "assault weapons," std-cap mags, imposes $250-$1000-per-day penalty
Town votes to ban assault rifles, fine violators $1,000 a day
Friedman v. City of Highland Park, Ill: Illinois cities ban on assault weapons upheld

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