Friedman v. City Of Highland Par

784 F.3d 406 (7th Cir. 2015)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D has an ordinance (§136.005 of the City Code) that prohibits possession of assault weapons or large-capacity magazines (those that can accept more than ten rounds). An assault weapon is defined as any semi-automatic gun that can accept a large-capacity magazine and has one of five other features: a pistol grip without a stock (for semi-automatic pistols, the capacity to accept a magazine outside the pistol grip); a folding, telescoping, or thumbhole stock; a grip for the non-trigger hand; a barrel shroud; or a muzzle brake or compensator. AR-15s and AK-47s, are prohibited by name. P owned a banned rifle and several large-capacity magazines before the ordinance took effect, and he wants to own these items again. Ps asked the district court to enjoin enforcement of the ordinance, arguing that it violates the Constitution's Second Amendment applied to the states by the Fourteenth Amendment. The court refused and P appealed.