How the gun lobby outsmarted itself and helped engineer its big Supreme Court …

8 Dec 2015 | Author: | No comments yet »

AG Healey praises Supreme Court on assault weapons case.

BOSTON — Massachusetts Attorney General Maura Healey is praising the U.S. One of the rude awakenings of the mass shootings in Aurora, Colo.; Newtown, Conn., and San Bernardino, Calif., was, as the Highland Park, Ill., City Council said in 2013, that gun violence on a large scale “is not limited to urban settings, but is also, tragically, in many suburban and small town locations as well.” But that wasn’t entirely why Highland Park was in such a rush on June 26 of that year to enact a ban on assault weapons and large capacity magazines.The Remington class-action settlement — in which the company maintains the guns are safe — comes 44 years after the first lawsuit over the popular Model 700 rifle was filed in Pennsylvania in 1971.Local governments across America, from tiny hamlets to major statehouses, must seize the power — just given to them by the courts — to criminalize possession of assault weapons where Congress and its overlords in the National Rifle Association have blocked federal legislation.The New York Daily News has turned its front page into a bully pulpit to advocate for gun control since the terrorist mass shooting in San Bernardino, California, last week, but Tuesday’s cover isn’t an attack or passive-aggressive zinger — it’s a thank you note: On Monday, the Supreme Court decided, 7-2, not to hear an appeal of an assault weapon ban in the Chicago suburb Highland Park, letting the ordinance stand. “The justices don’t reveal their reasons for denying review, but one thing is clear,” UCLA law professor Adam Winkler told The New York Times: “The justices certainly aren’t eager to take up a Second Amendment case these days….

WASHINGTON, DC: The United States Supreme Court appeared on Monday to back lawmakers who want to restrict the type of guns such as semi-automatic assault weapons used in recent mass shootings. It was “sprinting” to pass a law, as the Chicago Tribune said at the time, because the gun lobby and gun rights supporters in the state capital had forced its hand. The following year, when Congress passed the law establishing the Consumer Product Safety Commission “to protect the public against unreasonable risks of injury associated with consumer products,” it barred the new agency from regulating firearms.

The Democrat said that since Congress has failed to pass what she called commonsense gun reforms, “states must be able to fill that leadership void and enact strong protections.” It was a now-or-never situation and Highland Park, along with other towns faced with that 10 day window, took advantage before it shut, passing the law in a rush. Chicago in 2010, that recognized for the first time that “the Second Amendment protects a personal right to keep and bear arms for lawful purposes.” Lower courts have been “relegating the Second Amendment to a second-class right,” he added. Pediatrician Arie Friedman and the pro-gun Illinois State Rifle Association filed suit, saying his Second Amendment rights to bear arms under the US Constitution had been violated by the city of Highland Park’s ban.

The major takeaway from Monday’s announcement that the court won’t hear the assault weapons case is that most of the court likely shares that view. Monday’s announcement is another signal to Congress and state and local lawmakers that we can pass and enforce laws that keep our communities and families safe from gun violence without infringing on anyone’s constitutional rights — and that the courts will uphold these laws. So do our rights to life, liberty and happiness, and if your gun fires when no one pulls the trigger you can kiss all the rest of those rights goodbye.” Even so, there have been plenty of unsuccessful attempts over the years to expand the CPSC’s authority to include firearms, including a bill introduced in the House of Representatives in January by Illinois Democrat Robin Kelly, who wanted to allow the CPSC to regulate firearms “in the same manner as other potentially harmful consumer products like fireworks, bicycles, car safety seats and cribs.” The bill died in committee. In October 2012, for example, the CPSC announced a voluntary recall of Striker air rifles produced in 2011 and 2012 by Bentonville, Arkansas-based Hatsan USA, after a report that the guns could fire unexpectedly when closing the action.

Scott Drury told the Chicago Sun-Times and city councils across the state, “if you don’t do anything, you lose the right to do anything.” As then-Democratic Gov. The towns of Homewood and Hazel Crest followed suit with measures that stopped short of outright assault weapons bans and outlawed guns that hold more than a specific number of bullets.

Meanwhile, Quinn used his “amendatory” veto power to get rid of the local preemption provision, but was quickly overridden by the Illinois legislature. Intervention by the Court is critical to reverse this error that ultimately led the majority to uphold a complete ban on firearms that are widely preferred because they are extremely accurate, reliable, and versatile – and among the safest on the civilian market.”

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