I was in Highland Park, IL when the north shore communities of Chicago passed AWBs. They used the ambiguity of Heller to pass their agenda. The Illinois version of VCDL (Illinois State Rifle Association) sued Highland Park (Friedman v Highland Park). Highland Park obtained an attorney from Perkins Coie (sp?) who represented the city, and won. The Supreme Court was petitioned, but voted to not hear the case. Justice Scalia authored a dissent to the court and called them out for not standing behind their decision in Heller. Of particular interest is the lack of judicial split rulings on this matter. We need a federal circuit to rule against an AWB to get a fire lit under SCOTUS's arse. Imo, taking it to the 4th Circuit is pointless. They've already upheld Maryland's AWB. Right now our best hope lies with Kentucky. The 6th Circuit might give us the split ruling we need. I think if they apply strict scrutiny to the law we would be okay. Unfortunately, it seems like the 2nd Amendment gets ruled on with intermediate scrutiny whereas all other constitutional law cases are ruled with strict scrutiny. It's absolutely sickening.zykur wrote:McDonald and Heller overturned bans to a certain extent.MarcSpaz wrote:I haven't seen any court ever overturn a state or federal weapons ban. Whenever a state or feds have banned a specific weapon or weapon characteristics, it has stood, regardless of suits.
I hope someone can correct me, but I think the precedent to support legislation has been set.
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The biggest problem is the lower courts and states openly defying the Supreme Court and SCOTUS not doing a thing to reign them in.
If they don't take one of these ban cases and rule 9-0 they will become irrelevant and all future decisions will be suggestions.
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