14:13, March 04 103 0

2018-03-04 14:13:05

 

Here’s what we can do to fight gun violence, in spite of the Second Amendment

A well-regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed. Second Amendment, United States Constitution

The Court has held that the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding, and that this Second Amendment right is fully applicable to the States.

Washington, DC, Circuit, 2011: Assault weapons and large capacity magazines are “too dangerous for self-defense reasons.” 7th Circuit, Chicago, 2015: Upheld a ban on “any semiautomatic gun that can accept a large-capacity magazine.” Also, the concept of Federalism allows local municipalities to enact gun safety restrictions. 2nd Circuit, New York & Connecticut, 2015: Unanimous ban: “semiautomatic assault weapons have been understood to pose unusual risks,” resulting in “more numerous wounds, more serious wounds, and more victims. These weapons are disproportionately used in crime, and particularly in criminal mass shootings like the attack in Newtown. They are also disproportionately used to kill law enforcement officers.” 4th Circuit, Richmond, 2017: Maryland‘s ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld as constitutional.


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