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A 3 judge panel of the United States Court of Appeals for the Seventh Circuit overturned an injunction against Illinois’ “assault weapons” ban, deciding that AR-15s are not protected by the Second Amendment.
The Ronald Raegan & Bill Clinton appointees Frank Easterbrook and Diane P. Wood constituted the panel majority in overturning the injunction. They noted that Heller (2008) held, “like most rights, the right secured by the Second Amendment is not unlimited.”
The level of irony in a decision like this is mind-numbing.
Can someone please explain to me how a rifle that was specifically designed for civilian use, is on the lower end of power compared to other rifles, and is the most popular rifle in the country is not protected by the Second Amendment? The Second Amendment doesn’t specify the right to keep and bear only certain guns that don’t scare the government; it states the right to keep and bear ARMS.
The 2 Judges went on to note that in Heller, the Supreme Court of the United States found that machine guns were not protected under the Second Amendment because they were not “bearable” arms, and that is “because they can be dedicated exclusively to military use.”
Easterbrook and Wood then focused on similarities they found between AR-15s and M16s, the latter of which can be fired in full-auto or three-round burst modes. They wrote:
“The similarity between the AR-15 and the M16 only increases when we take into account how easy it is to modify the AR-15 by adding a “bump stock” (as the shooter in the 2017 Las Vegas event had done) or auto-sear to it, thereby making it, in essence, a fully automatic weapon. In a decision addressing a ban on bump stocks enacted by the Maryland legislature, another federal court found that bump-stock devices enable “rates of fire between 400 to 800 rounds per minute.”
They also noted that both guns use the same ammunition and “deliver the same kinetic energy.”
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