WASHINGTON — The Supreme Court has so far resisted elaborating on two landmark decisions that established a nationwide right to defend one’s home with a gun.
That could change with a new appeal filed by gun owners that challenges a Chicago suburb’s assault weapons ban.
The appeal by Dr. Arie Friedman and the Illinois State Rifle Association argues that the City of Highland Park has violated their constitutional rights by banning some of the most popular semi-automatic guns in the United States, as well as ammunition clips of more than 10 rounds.
The justices put off consideration of the appeal last week. In recent years, the court has almost always deferred action on an appeal before agreeing to take it up.
In dissent, Judge Daniel A. Manion said individuals, not elected officials, get to choose which guns they prefer for self-defense.
“To limit self-defense to only those methods acceptable to the government” creates an “enormous transfer of authority from the citizens of this country to the government — a result directly contrary to our Constitution and to our political tradition,” Manion wrote.
Twenty-four states and other gun-rights groups are supporting the appeal at the Supreme Court.
The justices’ refusal to say more about gun rights has allowed, even encouraged, federal judges to take a narrow view of the meaning of the Second Amendment, West Virginia Attorney General Patrick Morrisey said on behalf of the states. “It is time for this court to intervene.”
The case is Friedman v. City of Highland Park, 15-133.
