The result is that any law-abiding citizen may lose his liberty, and (not ironically) his Second Amendment rights, as a result of exercising his constitutional right to keep and bear arms if the arm falls within the complicated legal definition of an “assault weapon.” If ever the existence of a state statute had a chilling effect on the exercise of a constitutional right, this is it.
Roger T. Benitez
United States District Judge
September 23, 2020
James Miller, et al., v. California Attorney General Xavier Becerra, et al.
This is awesome! It’s an infringement upon a specific enumerated right if it causes a “chilling effect” upon the exercise of that right. This has long been the case for First Amendment infringement law but it wasn’t until 2018 in Illinois that I saw it applied to a Second Amendment case.
This is paving the highway to throwing out most of the stupid gun laws in this nation. Licensing, gun and gun owner registration, and even background checks could get eventually thrown out if we approach this incrementally.—Joe]