this post was submitted on 09 Nov 2024
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Summary

A federal judge in Illinois ruled the state’s ban on semiautomatic weapons unconstitutional, citing recent U.S. Supreme Court decisions that reinforce Second Amendment rights.

Judge Stephen McGlynn issued a permanent injunction against the Protect Illinois Communities Act, which bans AR-15-style rifles and high-capacity magazines, but delayed its enforcement for 30 days to allow for appeal.

The law, enacted after a 2022 mass shooting in Highland Park, faced opposition from gun rights advocates and some local sheriffs.

Illinois Attorney General Kwame Raoul promptly appealed the ruling, with Gov. J.B. Pritzker expressing confidence the ban will ultimately be upheld.

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[–] catloaf@lemm.ee 6 points 5 days ago (11 children)

He's not wrong, exactly. The second amendment doesn't say "keep and bear some kinds of arms", it just says "keep and bear arms".

It also says "a well-regulated militia", but that's a separate issue. The Heller decision's torture of the text was absurd. Limiting the rights of the people unconnected with a militia does not inhibit a well-regulated militia.

[–] mctoasterson@reddthat.com 10 points 5 days ago (1 children)

I get sick of relitigating the this argument, but there is a lot of flowery and outdated language in the founding documents, and in the context it is used there "well regulated" means "in good functioning order" or "of uniform quality". It has nothing to do with government regulation as we might understand it today. Moreover if you read the Federalist Papers and other supporting documents it is clear that a government-regulated militia would be entirely contrary to the stated purpose, and makes no logical sense.

The framers wanted dispersed concentrations of local armed groups, with near force parity with any federal infantry or potential foreign adversary. They were extremely suspicious of standing armies.

[–] catloaf@lemm.ee -1 points 5 days ago

The type of militia is not really relevant. Heller disregarded the part about the militia entirely. Regardless of equipment or whether it was organized at the federal, state, or city level, or even independently organized, it's still mentioned.

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