In a gap transient that feels extra like a slap within the face to the Structure than a authorized argument, the State of Illinois has laid out its protection of the Defend Illinois Communities Act—a sweeping “assault weapons” and journal ban that critics say goes far past regulation and straight into outright disarmament.
The case, Barnett v. Raoul, is without doubt one of the prime federal challenges to the regulation. The plaintiffs already gained on the district stage, however the state is now making an attempt to reverse that ruling within the Seventh Circuit Court docket of Appeals. What’s catching everybody’s consideration isn’t simply that Illinois is defending a controversial regulation—however how they’re doing it.
William Kirk, president of Washington Gun Legislation, pulled no punches in his breakdown of the state’s authorized technique.
“Illinois desires to assign a price to your life,” he says. “They’re arguing that solely the state can resolve what kind of firearm you get to make use of in an effort to defend it.”
Let that sink in.
The State’s 4-Level Plan to Disarm You
In keeping with Illinois’ personal submitting, they’re claiming:
Solely firearms “in widespread use” for self-defense are protected by the Second Modification. Firearms “extra acceptable” for navy use—like AR-15s—aren’t protected in any respect. Any equipment or options deemed “pointless” by the state are truthful recreation to ban. The state alone will get to make these determinations for you.
Illinois’ transient reads prefer it was written by somebody who’s by no means touched a firearm however has spent hours googling scary-sounding phrases. It says the AR-15 is principally an M16—ignoring the very actual incontrovertible fact that one is semi-automatic and the opposite is a select-fire navy weapon. As a result of the 2 rifles can use the identical ammo and have comparable barrel lengths, Illinois argues the civilian variant ought to be banned.
That’s like banning Mustangs as a result of they’ll drive the identical velocity as police cruisers.
It will get worse.
The state additionally argues that high-capacity magazines aren’t wanted as a result of “the common variety of rounds fired in self-defense is simply 2.2,” in accordance with considered one of their knowledgeable witnesses. That’s proper—they need to restrict your capability primarily based on a quantity that may’t probably predict the following violent encounter in your life.
And with regards to overpenetration considerations? Illinois says AR-15s are “unsuitable” for dwelling protection due to the potential danger of bullets going by means of partitions. Translation: your neighbor’s drywall has extra rights than you do.
The Most Offensive Argument But
However the actual intestine punch comes with the concept the state will get to resolve what your life is value—and what instruments you’re allowed to make use of to protect it.
“By claiming sure weapons are ‘overkill’ for civilian self-defense,” says Kirk, “Illinois is arrogantly declaring that they—not you—know what try to be allowed to make use of in a life-or-death state of affairs.”
That’s probably the most offensive a part of the complete transient. Illinois is not only banning {hardware}. It’s banning your autonomy, your judgment, and your proper to take advantage of private determination possible—the right way to defend your life and your family members.
This isn’t only a authorized skirmish in a single state. It’s a blueprint for what anti-gun states throughout the nation could try subsequent. If Illinois wins, you may guess New York, New Jersey, California, and others will comply with go well with—armed with the identical twisted logic.
So to the remainder of America: don’t tune this out simply because it’s “Illinois’ downside.” As a result of if the courts purchase what Illinois is promoting, this battle is coming to the doorstep subsequent.
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