— AWR Hawkins (@AWRHawkins) November 4, 2023
On Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit overturned an injunction against Illinois’ “assault weapons” ban, deciding that AR-15s are not protected by the Second Amendment.
The preliminary injunction was issued in Barnett v. Raoul by U.S. District Judge Stephen P. McGlynn, a Donald Trump appointee.
McGlynn’s decision was appealed to the Seventh Circuit, where a three-judge panel decided 2 to 1 against the injunction.
The three judges were Ronald Reagan appointee Frank Easterbook, Bill Clinton appointee Diane P. Wood, and Donald Trump appointee Michael P. Brennan.
Easterbrook and Wood constituted the panel majority in overturning the injunction. They noted that Heller (2008) held, “[l]ike most rights, the right secured by the Second Amendment is not unlimited.”
They went on to note that in Heller, the Supreme Court of the United States found that machine guns were not protected under the Second Amendment because they were not “bearable” arms, and that is “because they can be dedicated exclusively to military use.”