April 28--A federal court Monday upheld Highland Park's ban on assault weapons -- possibly setting the stage for a showdown over the issue before the U.S. Supreme Court.
In a 2-1 decision, the federal appellate court in Chicago upheld the city's ban on assault weapons, including AK-47s and AR-15s and magazines that hold more than 10 rounds.
Highland Park attorney Steven Elrod said the measure was intended to prevent the kind of mass shootings that have occurred elsewhere.
"I'm delighted that the court affirmed that local governments have the ability to determine the best and most effective way to protect its citizens, within the structure of the Constitution," he said.
Illinois State Rifle Association Executive Director Richard Pearson said he was confident the law could be overturned on appeal to the Supreme Court, but the National Rifle Association would have to decide whether to make a costly appeal.
"The Second Amendment is about the right to keep and bear arms," Pearson said. "The government doesn't get to pick the list."
Pearson pointed to the group's past success with high court decisions striking down Chicago's ban on handguns. But the new ruling by the federal appeals court cited those Supreme Court decisions while also maintaining long-standing prohibitions on "dangerous and unusual weapons."
In his dissenting opinion in the Highland Park case, Judge Daniel Manion wrote that individuals should choose their means of self-defense, not the government.
The ruling cited federal data showing that similar laws elsewhere reduced crimes involving assault weapons and stated that residents have many other options for self-defense.
rmccoppin@tribpub.com
