This is actually a more significant victory than I originally had reported. Usually I take my time on these things, but yesterday was insane. I am in the process of refinancing my mortgage, which will reduce my monthly payment and help me pay off the house a few years sooner. I figured as long as Uncle Sugar is running the printing presses flat out I might as well cash in.
But either way, there’s been better coverage of it. Clayton notes that it’s a pretty significant victory that the Illinois Supreme Court essentially remanded for consideration as to whether these rifles were commonly used. The answer to that is yes. Even in Heller II, the two judge majority on the three judge panel ruled that they were in common use, just that they were unprotected regardless.
After reading the opinion, I believe the court’s dismissal on vagueness grounds was a bit poorly reasoned. I think there’s a good case to be made that many assault weapons bans are, in fact, vague, because they ban features that are not well defined. That’s proven itself again and again in California, and I just don’t think when you’re dealing with a protected activity, like owning firearms, that the Courts ought to tolerate this kind of vagueness.
Dave Hardy notes a few interesting things on the case as well, and we’re certainly glad he’s out of the hospital.