Former Illinois State Senate candidate Arie Friedman is suing Highland Park over what appears to be a blatantly unconstitutional “assault weapons” ban:
One of the communities that rushed to pass an assault weapons ban before a state law that allowed people to carry concealed weapons took away their legal right to do so will now have to defend the ban in court after a local pediatrician who owns semi-automatic weapons filed a lawsuit.
In the lawsuit, Dr. Arie Friedman and the Illinois State Rifle Association argue that Highland Park, a well-to-do suburb north of Chicago, has no legal right to ban the weapons that Friedman says he keeps for lawful purposes such as target shooting and self-defense.
Further, the lawsuit suggests that by lumping in the kinds of semi-automatic weapons Friedman owns with fully automatic assault weapons, the ban infringes on the rights of people to possess one of the most commonly owned “sporting rifles” in the United States.
“Ownership of firearms that are commonly possessed by law-abiding citizens for lawful purposes … is a fundamental right under the Second Amendment of the United States Constitution,” according to the lawsuit. Friedman did not immediately return calls for comment on the lawsuit.
The ban, which would require Friedman to turn over a Smith & Wesson M&P 15 and Springfield Armory M1A that he owns, along with the standard capacity magazines for each rifle. Both the AR-15 and the M1A would seem to be textbook definitions of firearms “in common use at the time.” The AR-15 is the single most popular centerfire rifle platform sold in the United States, and the M1A is very popular .308 rifle.
Both rifles are used in various kinds of sanctioned competition shooting events, and are of obvious militia utility in the purest expression of Second Amendment intent.
If Highland Park loses this case—and I personally find it nearly impossible to defend—then other Illinois town that rushed bans like this into law before they could be preempted by the state’s new concealed carry law are likely to be sued as well.