The USSC would have respect Heller for the bill to be held unconstitutional.
And only a lawyer could have that expectation.
Phil
________________________________
From: Aaron Clements <[email protected]>
To: Firearmsregprof <[email protected]>
Sent: Sunday, January 6, 2013 2:04 AM
Subject: Re: Illinois SB2899 Filed: 1/4/2013
Aside from having several self-contradictory sections as pointed out below, as
I read it, this "modest" proposal would effectively outlaw practically all
semiautomatic weapons having detachable magazines, and likely many, many
additional weapons. Everything from a Mauser Broomhandle (as a semiauto
version of a full auto weapon) to modern semiautomatic handguns (since they
almost universally accept detachable magazines) would be covered, not to
mention all semiauto rifles with detachable magazines, as said rifles
universally have a "shroud" completely or partially encircling the barrel --
even those with traditional wood stocks have either an extension of the stock
or a separate foreend that acts as a shroud partially encircling a barrel and
allowing it to be gripped with the non-firearm hand without burning oneself.
All in all, this is an EXTREMELY broad bill that would attempt to ban any new
semiauto firearms, and would additionally ban the transfer of any
"grandfathered" weapons, requiring those "grandfathered" weapons to be
registered and restricting their transfer solely to heirs, to removal from
Illinois, or to an FFL holder.
Given the precise holding in DC v. Heller -- that the Second Amendment extends
to the possession of weapons "commonly owned for lawful purposes", and
specifically tht it protects the rights of individuals to possess semiautomatic
weapons -- it's hard to see how this bill (or even the 1994 Federal "assault
weapon" ban, for that matter) meets Constitutional muster.
Aaron Clements
(As an introduction since I normally only lurk on this list, I work for Hurley
& Guinn and with Mr. Guinn, was counsel for the defendant in US v. Emerson, and
I also serve as an adjunct professor at Texas Tech University School of Law ...)
________________________________
From: Drzox <[email protected]>
To: Firearmsregprof <[email protected]>
Sent: Fri, January 4, 2013 8:53:06 PM
Subject: Illinois SB2899 Filed: 1/4/2013
http://ilga.gov/legislation/fulltext.asp?DocName=09700SB2899ham001&GA=97&SessionId=84&DocTypeId=SB&LegID=63457&DocNum=2899&GAID=11&Session
Yet:
10 "Semi-automatic assault weapon" does not
11 include:
12 (A) any firearm that:
13 (i) is manually operated by bolt, pump, lever,
14 or slide action;
15 (ii) is an "unserviceable firearm" or has been
16 made permanently inoperable; or
17 (iii) is an antique firearm;
18 (B) any air rifle as defined in Section 24.8-0.1 of
19 this Code.
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_______________________________________________
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read the Web archives; and list members can (rightly or wrongly) forward the
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