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Anatomy of Anti-Gun Lawfare

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The latest salvo in the anti-gun lawfare campaign comes from the Seventh Circuit, which just upheld Illinois’ sweeping ban on so-called “assault weapons” and standard-capacity magazines, a decision that weaponizes the courts to do what the legislature could not achieve through honest debate. Rather than engaging the plain text of the Second Amendment or the Supreme Court’s Bruen framework, the panel leaned on historical analogies so strained they would make a contortionist blush—treating 18th-century restrictions on “dangerous and unusual” weapons as a blank check for modern disarmament. This isn’t jurisprudence; it’s a calculated end-run around the Constitution, designed to keep the issue tied up in litigation until the political winds shift or the Supreme Court’s composition changes.

For the 2A community, the ruling is a stark reminder that victories at the ballot box and in the high court mean little if lower courts continue to treat the right to keep and bear arms as a second-class freedom subject to endless “balancing tests.” The decision also exposes the coordinated strategy behind these cases: file in friendly districts, manufacture sympathetic facts, and hope for panels willing to stretch history until it snaps. If allowed to stand, it will embolden other states to push similar bans, betting that the appellate lottery will eventually produce a split the Supreme Court feels compelled to resolve—on their terms. The fight now shifts to en banc review, cert petitions, and relentless pressure on the Court to reaffirm that the Second Amendment is not a suggestion but a command.

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