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Seventh Circuit Doubles Down On Stupid, Upholds Illinois ‘Assault Weapons’ & ‘High Capacity’ Magazine Bans

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The Seventh Circuit’s decision to reinstate Illinois’ so-called “assault weapons” and “high-capacity” magazine bans is a textbook example of judicial gymnastics that treats the Second Amendment like a second-class right. By reversing the district court’s permanent injunction, the panel essentially told law-abiding gun owners that the state can redefine common semiautomatic firearms and standard-capacity magazines as “unusual” or “dangerous” simply because politicians dislike them. This isn’t careful constitutional reasoning; it’s outcome-driven hand-waving that ignores the Supreme Court’s clear commands in Heller, McDonald, and Bruen that the right to keep and bear arms extends to all bearable arms in common use for lawful purposes.

What makes the ruling especially galling is how it sidesteps Bruen’s text-and-history test by pretending that 18th- and 19th-century regulations on “dangerous and unusual weapons” somehow justify banning the most popular rifles and magazines in America today. The court’s logic would have upheld bans on repeating rifles in the 1870s or semiautomatic handguns in the 1920s—precisely the kind of historical revisionism Bruen was meant to stop. For the 2A community this isn’t just another loss in a blue state; it signals that some circuits are still willing to play “may-issue” with the Constitution itself, forcing gun owners to spend years and millions in litigation just to enjoy a right the Supreme Court has already declared fundamental.

The practical fallout is immediate and nationwide. Illinois gun owners now face felony charges for possessing firearms and magazines that were perfectly legal last week, while the same court’s reasoning will be cited by every anti-gun attorney general looking to push similar bans in neighboring states. This decision guarantees another trip to the Supreme Court, where the justices will have to decide whether Bruen actually means what it says or whether lower courts can continue inventing new exceptions. Until then, the message to the 2A community is clear: keep your powder dry, your cases moving, and your political pressure on—because the courts alone won’t save the right to keep and bear arms if judges keep treating it as optional.

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