A federal judge has ruled Highland Park’s ordinance banning assault weapons does not violate the Second Amendment and the city can enforce its recently made law.
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Like a few other local municipalities, Highland Park banned assault weapons and high-capacity magazines in 2013, intending to address the threat of a mass shooting. Pediatrician Arie Friedman and the Illinois State Rifle Association sued the north suburb seeking to have the city’s ban ruled unconstitutional, arguing that guns barred by the ordinance are popular with law-abiding citizens and useful for self-defense or recreation.
In a ruling Thursday, federal Judge John Darrah wrote that the city had persuasively argued that assault weapons are not appropriate for self-defense. The plaintiffs did not show that the ordinance severely infringes on the right to armed self-defense, the judge wrote, noting that Highland Park residents can still keep other weapons.
“The record is clear that the features of the prohibited firearms … derive from military weapons with the decidedly offensive purpose of quickly acquiring multiple targets and firing at those targets without a frequent need to reload,” Darrah wrote. “Highland Park maintains a strong interest in protecting the public against this potential use.”
Not one has yet been charged with violating the ordinance, said city attorney Steven Elrod. Friedman, a one time Congressional candidate, told city officials he moved his guns out of town, Elrod said.
Mayor Nancy Rotering said in a statement, “While we were confident of the legality of our legislation, we appreciate that the U.S. District Court recognized, so decisively, that our actions were lawful and that we maintain the right to protect our community.”
Neither Friedman nor officials from the Illinois State Rifle Association could be reached for comment. Their attorneys declined to comment beyond saying they plan to appeal.