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7th Circuit Rules AR-15s Are Not Protected by Second Amendment

On Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit overturned an injunction against Illinois’ “assault weapons” ban in Barnett v. Raoul, with Judges Ronald Reagan appointee Frank Easterbook, Bill Clinton appointee Diane P. Wood, and Donald Trump appointee Michael P.

Brennan comprising the majority decision that AR-15s are not protected by the Second Amendment. The preliminary injunction was issued by U.S. District Judge Stephen P. McGlynn, also a Trump appointee.

In their ruling, Easterbrook and Wood referenced Heller (2008), noting that “[l]ike most rights, the right secured by the Second Amendment is not unlimited.”

In their analysis, Easterbrook and Wood drew attention to the Supreme Court’s decision in Heller which established that machine guns are not protected by the Second Amendment due to their exclusive military use.

Furthermore, they highlighted the similarities between AR-15s and M16s, 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.”

The dissenting opinion of Judge Brennan argued that, under Bruen (2022), the Illinois ban on “assault weapons” fails to meet the established precedent in American tradition.

They further noted that both firearms share the same ammunition and generate identical kinetic energy.

Brennan wrote: “Because the banned firearms and magazines warrant constitutional protection, and the government parties have failed to meet their burden to show that their bans are part of the history and tradition of firearms regulation, preliminary injunctions are justified against enforcement of the challenged laws.”

The case is Barnett v. Raoul, No. 23-1353 in the United States Court of Appeals for the Seventh Circuit.

ICYMI: Supreme Court Delivers Blow to 2nd Amendment

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8 Responses

  1. Funny when I read the 2d Amendment recently, I didn’t see anything about machineguns, or prohibitions against military arms. In fact from the readings I have done, the 2d Amendment suggest American Citizens have the right to the EXACT same arms as the military. All of them!

    Judging from what other countries have done to their citizens we should not be surprised if our federal government says that citizens can have arms–BUT–only flintlock smoothbore muskets and bayonets as that was the standard when the Constitution was adopted and then only allow ten cartridges. Muzzle loading rifles are forbidden–too dangerous.

  2. There’s two big words that define the second amendment “SHALL NOT” doesn’t say could be or may be it says SHALL NOT be infringed!!!!! Our fire fathers recognized that power would go to politicians heads and to protect us from a tyrannical government added the second amendment!!!!! It’s not up for debate it says what it says no debate needed!!! Stop trying to take away law abiding citizens rights!!!!

  3. If you can put a round in it, pull the trigger, and a bullet comes out, it’s CONSTITUTIONAL! The Second Amendment IS your PERMIT!
    If anyone tells you differently, they are a LIAR!

  4. The US Constitution was being cobbled together in the 16th and 17th Centuries after Colonial British Rule abused pilgrims and indigenous citizens alike. The Second Amendment was penned in this era where there were only five major “weapons systems” local citizens would have access to, and they are (drum roll please): 1) MATCHLOCK MUSKETS; 2) PIKES; 3)SWORDS; 4)CROSSBOWS and 5)CANNONS. A Matchlock Musket -used a slow burning match to ignite the (low grade) gunpowder; Pikes -were long spears used mostly when in close combat (had a sharp point and a”cross guard” for hand protection; Swords – made of steel, Iron or brass used mostly in close combat; Cross Bows – had a “horizontal Bow-Like” mechanism launching a “BOLT” or “QUARREL” at a target; lastly a Cannon – large, heavy weapon firing projectiles or “grape shot.” By logic, these are the only weapons systems protected by the Second Amendment (as written). Colonial “America” was lacking in modern weapons systems and “fire power.” This is “strict interpretation.” Obviously, Founding Fathers “intent” was to “arm and protect” Citizens not to list an endless assortment of “citizen’s self protections.” Amen. Read A Bible. KJV. Psalm 128. 10 Commandments everywhere. God Bless.

  5. It is ALL about control, NOT safety!
    King Obama and his puppet O’Biden will never stop trying to turn ALL American citizens into defenseless, submissive “Subjects”!

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