Second Amendment Foundation Lawsuit Could Sink Semiauto Gun Bans

Second Amendment Foundation Bad Gun Laws
Second Amendment Foundation Lawsuit Could Sink Semiauto Gun Bans

Cook County, Illinois/United States – -(AmmoLand.com)- Bans on modern multi-purpose semi-automatic firearms have been pushed by anti-Second Amendment extremists for decades.

The real question is how to take out these bans. Many of the states that have these bans are said to be deep “blue” states, and the same goes for localities. The best solution, of course, is to have a pro-Second Amendment legislature that prevents such bans from being enacted in the first place, or which can repeal said bans quickly.

In Ilinois, though, that option is not available in the near future. That leaves litigation, and the Second Amendment Foundation (SAF) has filed suit to invalidate Cook County’s ban on modern multi-purpose semiautomatic firearms. The 19-page complaint in Viramontes v. Cook County leaves little room for evasion of the fundamental issue, as well.

SAF filed suit against the Blair Holt Assault Weapons Ban on behalf of three members living in Chicago. If the “Blair Holt” part sounds familiar, it’s because that name has been used for a licensing and registration scheme in legislation proposed during some recent Congresses. And like the bills proposed in various Congresses. As of this writing, the Blair Holt Firearm Owner Licensing and Record of Sale Act has not been introduced in the 117th Congress, but the assault weapons ban in Cook County inflicts injustice on those who seek to exercise their Second Amendment rights.

It should be said that litigation is not a sure thing, even in a case like this. For starters, a lot of lower courts have ignored the plain reading of Heller, particularly when it comes to modern multi-purpose semiautomatic firearms. The National Shooting Sports Foundation noted that 16 million “modern sporting rifles” were sold by 2018. By comparison, Chevrolet announced its 10 millionth Suburban in 2015.

In this case, Second Amendment supporters can take the flawed but infamous “car” analogy that anti-Second Amendment extremists use and turn it on them. After all, one could argue that the Chevy Suburban has been in common use for lawful purposes for a long time, right? If that is the case, then certainly the same thing can be said about modern multi-purpose semiautomatic long guns, like the AR-15. After all, 16 million is a lot more than 10 million.

The fact of the matter is that millions of Americans have owned these firearms and have not committed horrific crimes or acts of madness. Should Viramontes v. Cook County reach the Supreme Court, the odds of a pro-Second Amendment ruling are quite good. We could very well get a preview of this with New York State Rifle & Pistol Association Inc. v. Bruen, which will be heard this November.

That said, it is better if these bans never pass in the first place, so Second Amendment supporters should work to defeat anti-Second Amendment extremists in federal, state, and local offices via the ballot box as soon as possible.


About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.

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StLPro2A
StLPro2A
21 days ago

Sadly, “being in common use” is a FEATURE for banning whatever it applies to for the Feds.

“Tyranny is defined as that which is legal for the government but illegal for the citizenry.” Jefferson

John Dow
John Dow
22 days ago

Just what does the4 Blair Holt killing have to do with so-called “assault weapons? The killer used a .40 caliber handgun? Do the anti’s ever stop dancing in the blood?

donfranko
donfranko
21 days ago
Reply to  John Dow

A 40 cal “semi-auto” handgun….

Finnky
Finnky
21 days ago
Reply to  donfranko

Yet another blood dancing anti.

There are two to three hundred handguns in this country. Of those semi-autos make up roughly 75-90%. At the low end that yields at least 150 MILLION semi-auto handguns. Pointing at a couple instances of misuse does not in any way suggest that these tools facilitate evil.

JSNMGC
JSNMGC
21 days ago
Reply to  Finnky

The upcoming laws are meaningless unless there are people willing to enforce them against their neighbor.

Arny
Arny
22 days ago

a lot of lower courts have ignored the plain reading of Heller, particularly when it comes to modern multi-purpose semiautomatic firearms. So if they can ignore the law so can “We the People”.

Bozz
Bozz
22 days ago
Reply to  Arny

The difference is, there are no consequences when they ignore the law.

USMC0351Grunt
USMC0351Grunt
22 days ago
Reply to  Bozz

You didn’t know that you can toss a judge from the bench?

swmft
swmft
22 days ago
Reply to  USMC0351Grunt

need to toss them from the roof of the court house no rope no net buzzards will clean it up and how appropriate that these carrion eaters live around courthouse need to throw the police and prosecutors who are political animals off too we have had far too many people railroaded for the number , people who later it was found did nothing wrong and the police KNEW they had the wrong person, was just convenient to close case . police are not tried for this crime you tell me how taking years of someones life is not a worse… Read more »

nrringlee
nrringlee
22 days ago

True, it is important to knock down any unconstitutional and anti liberty effort at the local and state level. But that is a simplistic view of the American political landscape. We have states and pockets within states that are thoroughly Progressive New Left. Their contempt for the constitution and classical liberal principles is legend. Their desire to inflict their poisoned ideologies on their fellow Americans is pathological. This means that they may inflict pain upon themselves in their efforts to suspend the liberties of their neighbors. Those fights will always exceed the boundaries of district courts. Progressive New Left types… Read more »