Group files federal lawsuit against town of Highland Park over ‘assault weapon’ and high-capacity magazine ban

M4A1 carbine | Photo: IIIBlackhartIII via Pixabay

A gun rights group on Wednesday filed a lawsuit in federal court against the town of Highland Park, alleging that their “assault weapons” and ban on high-capacity magazines are a violation of the Constitution.

The National Association for Gun Rights (NAGR) filed a lawsuit in the United States Seventh Circuit Court of Appeals in Chicago.

Plaintiff and Highland Park resident Susan Goldman owns semi-automatic firearms and magazines that can hold more than 10 rounds, according to the lawsuit.

Goldman stores its firearms outside of city limits, in accordance with a 2013 ordinance banning “assault weapons” and large capacity magazines.

“She [Goldman] is particularly aggrieved that city bans require her to store her guns outside of city limits, rendering the guns useless for home defense,” the civil complaint stated.

NAGR declined to use the term “assault weapon” in its lawsuit, calling it a “rhetorically laden political term.”

The group challenged the city’s ban, citing the Second Amendment and U.S. Supreme Court cases of District of Columbia v. Heller, McDonald v. City of Chicago and New York State Rifle & Pistol Association, Inc. vs. Bruen.

NAGR asked the court to declare sections of the order “unconstitutional on their face or as applied to the extent that their prohibitions apply to law-abiding adults seeking to acquire, use, transfer or possess weapons that are commonly used by the American public for lawful purposes.”

“A victory here will set a good legal precedent throughout the circuit, including Wisconsin and Indiana,” the group said in a statement.

NAGR also filed four other lawsuits against states or cities across the country, including Naperville.

“States ignored the Second Amendment and the Heller and mcdonalds decisions made too long – and law-abiding gun owners are tired of their unconstitutional antics, which disarm millions of Americans,” said the president of the National Association for Gun Rights. , Dudley Brown.

“In the light of Brown decision and the success we’ve had prosecuting localities in Colorado, we’re suing every federal court that has upheld blatant gun bans. They must immediately rescind their ‘assault weapons’ and magazine bans — and our lawsuits support just that,” Brown said.

Highland Park City Council passed a resolution in August backing statewide and federal bans on “assault weapons” and high-capacity magazines.

The resolution called them a “threat to our American freedom.”

Highland Park City Council unanimously passed a resolution calling for a statewide and federal ban on semi-automatic weapons, high capacity magazines and body armor during a meeting in August. | Photo: Screenshot

It came after a mass shooting in the city during a July 4 parade left seven people dead and more than 45 injured.

Robert Crimo III, 21, of Highwood, has been charged with 21 counts of first degree murder, 48 counts of attempted murder and 48 counts of aggravated assault with a firearm.

Crimo allegedly fired a total of 83 rounds using three 30-round magazines from its Smith & Wesson M&P 15 semi-automatic rifle, Lake County Assistant District Attorney Ben Dillon said during a bond hearing in July. .

Lake County Council passed a similar resolution supporting state and federal legislation to ban the sale and possession of “assault rifles.”

NAGR has asked the courts to strike down the gun control laws, hoping to set a nationwide precedent.

“We are simply asking the courts to enforce the Supreme Court’s pro-gun ruling Brown ruling to re-evaluate and strike down each of these gun control laws under the new national standard that prohibits gun controls that are not in accordance with “text, history, tradition of the second amendment’, as required by the Brown decision,” Brown said.