10-19-2015, 07:15 PM
Quote:Federal Appeals Court Upholds Bans on America’s Most Popular Rifles and Magazineshttps://www.nraila.org/articles/20151019...-magazines
MONDAY, OCTOBER 19, 2015
If any further evidence were necessary of what’s at stake with the 2016 general election, a ruling issued today by the U.S. District Court for the Second Circuit should provide it. The court’s opinion in New York State Rifle and Pistol Assoc., Inc., v. Cuomo largely upheld Connecticut and New York laws passed in the wake of the Sandy Hook tragedy. The laws banned America’s most popular modern rifles, including the AR-15, and magazines for any firearm with a capacity of greater than 10 rounds.
Once again, this opinion signals a judiciary unwilling to uphold the Second Amendment or the U.S. Supreme Court’s reading of that provision. In the landmark Heller case, the Supreme Court invalidated D.C.’s ban on handgun possession, deferring to the choice of the American people on what sort of firearms are best suited for home defense. It also held that the availability of alternative firearms did not change its analysis. Although AR-15s and other semiautomatic rifles have been America’s most popular and fastest-selling types for several years, including for home defense, the Second Circuit nevertheless found they could be completely banned.
Following a now-familiar analytical framework foreign to anything in the Heller decision or its follow-up, McDonald v. Chicago, the Second Circuit resolved the case by determining first whether the laws’ provisions implicate conduct protected by the Second Amendment. The second step, should that test be met, involves determining what level of constitutional “scrutiny” should be applied.
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