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In reply to the discussion: The Second Amendment [View all]

Gothmog

(171,688 posts)
6. Does the Second Amendment really protect assault weapons? Four courts have said no.
Fri Feb 23, 2018, 01:03 PM
Feb 2018

The Heller decision is very limited https://www.washingtonpost.com/news/morning-mix/wp/2018/02/22/does-the-second-amendment-really-protect-assault-weapons-four-courts-have-said-no/?utm_term=.3701eda4f1b4

The question of assault weapons was not addressed by the Supreme Court when, in 2008, it held for the first time in District of Columbia v. Heller that the Second Amendment protects an individual right to possess a firearm. Justice Antonin Scalia, writing for the court, went out of his way to say that the right “is not unlimited.”

In each case that has reached a federal appeals court since then, bans on the semiautomatic guns known as assault weapons have been upheld, usually for the same two reasons.

Banning them, the courts have said, does not curtail the right of self-defense protected by the Constitution. There are plenty of other weapons — handguns and regular long guns — available to people to protect themselves.

At the same time, the courts have said, states and municipalities have legitimate reasons to ban AR-15-style weapons because of the dangers they pose, to schools, innocent bystanders and police.

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