Case Information: Friedman, et al. v. City of Highland Park, et al., No. 14-3091 (7th Cir. Brief Filed Dec. 10, 2014)
At Issue: Gun lobby plaintiffs brought this challenge to an ordinance passed by the City of Highland Park, Illinois in the wake of the tragedy at Sandy Hook Elementary School in Newtown, which prohibits the possession, sale, or manufacture of assault weapons and large capacity magazines (defined as magazines able to hold more than 10 rounds of ammunition). The district court upheld the ordinance, finding it to have a “close fit” with the “stated objective of providing for the protection and safety of its inhabitants.” Plaintiffs appealed the decision to the Seventh Circuit.
The Law Center’s Brief: Our amicus brief, joined by the City of Chicago and the Cook County State’s Attorney, argues that the Second Amendment, as interpreted by the Supreme Court and other courts, does not protect a right to own weapons that are designed for a battlefield and are unsuited for lawful self-defense in the home. The brief notes that every court to have considered challenges to laws banning assault weapons or large capacity magazines since the Supreme Court’s decisions in Heller and McDonald has upheld those laws. The brief argues in the alternative that, even if the Second Amendment does protect these dangerous weapons, their regulation is still constitutional under intermediate review, which is the only appropriate level of judicial review in this context and simply requires that a law be “reasonably related” to an “important” government interest. There is no question that the challenged law passes this test.