• jordanlund@lemmy.worldM
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    11 months ago

    Even if they passed the 1994 Assault Weapons Ban (which expired in 2004), the current Supreme Court would not allow it. They’ve made that clear in ruling after ruling since 2008.

    Rulings in question:

    https://en.m.wikipedia.org/wiki/District_of_Columbia_v._Heller

    “(1) The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.”

    and further:

    “(3) The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition – in the place where the importance of the lawful defense of self, family, and property is most acute – would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.”

    Because that was decided against Washington D.C. and not an actual state, there was a 2nd ruling making it clear that this applies to states as well:

    https://en.m.wikipedia.org/wiki/McDonald_v._City_of_Chicago

    ““the Second Amendment protects the right to keep and bear arms for the purpose of self-defense” (id. at ___, 130 S. Ct. at 3026); that “individual self-defense is ‘the central component’ of the Second Amendment right” (emphasis in original) (id. at ___, 130 S. Ct. at 3036 (quoting Heller, 554 U.S. at 599)); and that “[s]elf-defense is a basic right, recognized by many legal systems from ancient times to the present day” (id. at ___, 130 S. Ct. at 3036).[21]”

    2016 had my favorite ruling in all this because it wouldn’t INITIALLY seem to deal with guns. A woman bought a taser to protect herself from an abusive ex. MA ruled the 2nd amendment didn’t apply because tasers didn’t exist when the 2nd amendment was written.

    Enter the Supreme Court:

    https://en.m.wikipedia.org/wiki/Caetano_v._Massachusetts

     “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 “the Second Amendment right is fully applicable to the States”.[6] The term “bearable arms” was defined in District of Columbia v. Heller, 554 U.S. 570 (2008) and includes any “”[w]eapo[n] of offence" or “thing that a man wears for his defence, or takes into his hands,” that is “carr[ied] . . . for the purpose of offensive or defensive action.” 554 U. S., at 581, 584 (internal quotation marks omitted)."[10]

    The most recent is the New York ruling where you needed special permission from the state to get a concealed carry permit, which was often denied, even if you were a law abiding gun owner.

    https://en.m.wikipedia.org/wiki/New_York_State_Rifle_%26_Pistol_Association,_Inc._v._Bruen

    “The constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’ We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.”[28]

    Where this ruling is especially different is that it sets the grounds for striking down other, in place, gun laws all over the country:

    "When the Second Amendment’s plain text covers an individual’s conduct [here the right to bear arms], the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s “‘unqualified command.’”