HIGHLAND PARK - Highland Park pediatrician Arie Friedman may apparently be forced to give up firearms he stores in his Highland Park home, as the U.S. Supreme Court denied hearing an appeal in a 7 to 2 ruling made public Monday. The doctor had sued his hometown for banning semi-automatic weapons in 2013. The ban, he argued, denied his Second Amendment rights.
With the help of the Illinois State Rifle Association, Friedman challenged a lower court ruling that favored the city. The Supreme Court did not explain, but chose not to challenge the lower court's decision.
The ISRA responded to the ruling said this may not be the victory gun control enthusiasts claim.
"The U.S. Supreme Court declined this morning to hear a case out of Illinois challenging a ban on so-called 'assault weapons' that carry more than ten rounds, a decision that may live in as much infamy as today’s date, and while gun prohibitionists may temporarily cheer, this may be another awakening of a sleeping giant that fills him with a terrible resolve."
The Wall Street Journal explained the case:
The case came from Highland Park, Ill., which in 2013 banned possession of semiautomatic pistols and rifles. The ban included versions of the AK-47, AR-15 and Uzi, which it described as “a narrow category of unusually dangerous weapons that have been used in a series of deadly mass shooting events.”
The ordinance was challenged by the Illinois State Rifle Association and Arie Friedman, a pediatrician and Republican activist who argued the law unconstitutionally required him to dispose of weaponry owned. One of his guns—a Smith & Wesson M & P semiautomatic rifle—is the same type of weapon used in the San Bernardino, Calif., terrorist attackswhere 14 people died and in the 2010 Aurora, Colo., cinema attack that killed 12 people.
Dr. Friedman – who served in the United States Navy as a helicopter pilot – flew SH-60B Seahawk helicopters out of Naval Air Station North Island, California, from which he deployed twice, including once to the Persian Gulf as part of Operation Desert Storm.
The WSJ writes:
In the appeal, Dr. Friedman said “he keeps the Smith & Wesson M & P 15 rifle available for defense of his home and family should the need arise.” His attorney, David Thompson, in a written statement Monday said, “We’re disappointed that the court declined to review a gun ban that covers the most popular firearms in America, including those with many safety enhancing features.”
Supreme Court Justices Anthony Scalia and Clarence Thomas bitterly dissented with the rest of the court, saying the majority's ruling sets the Second Amendment back to a "second-class" right.
Since the Friedman lawsuit, the Illinois General Assembly has passed legislation preventing local ordinances from banning semi-automatics in the future.
