Another disingenuous Federal judge.<\/p>\n
Federal Judge Denies Injunction Request Against Rhode Island Magazine Confiscation Law<\/a><\/p>\n Banning and confiscating commonly-owned ammunition magazines does not run afoul of the Second Amendment.<\/p>\n At least according to U.S. District Judge John McConnell\u2019s reading of the amendment.<\/p>\n On Wednesday, McConnell denied a motion for a preliminary injunction against Rhode Island\u2019s recently passed law banning the sale and possession of ammunition magazines capable of holding more than ten rounds. He said that so-called Large-Capacity Magazines (LCMs) did not count as \u201carms\u201d protected by the U.S. Constitution.<\/p>\n \u201cThe plaintiffs have failed in their burden to demonstrate that LCMs are \u2018Arms\u2019 within the meaning of the Second Amendment\u2019s text,\u201d Judge McConnell, an Obama appointee, wrote in his order. \u201cMoreover, even were they \u2018arms,\u2019 the plaintiffs have failed to prove that LCMs are weapons relating to self-defense. There is no Second Amendment violation from the LCM Ban because of those two shortfalls of persuasion.\u201d<\/strong><\/p>\n <\/p>\n The ruling deals a major setback to gun rights advocates both in the state of Rhode Island and nationwide. In the state, gun owners will be forced to either turn in their legally purchased magazines or risk facing a felony criminal charge. The decision employs an increasingly popular reasoning that has allowed judges to rule in favor of modern gun restrictions without subjecting them to the historical inquiry required by the Supreme Court in New York State Rifle & Pistol Association v. Bruen. An Oregon District Judge used a similar argument to uphold that state\u2019s new magazine ban earlier this month.<\/p>\n Writing for the majority in Bruen, Justice Clarence Thomas wrote that \u201cwhen the Second Amendment\u2019s plain text covers an individual\u2019s conduct, the Constitution presumptively protects that conduct, and to justify a firearm regulation the government must demonstrate that the regulation is consistent with the Nation\u2019s historical tradition of firearm regulation.\u201d<\/p>\n By ruling that magazines capable of holding more than ten rounds are not protected \u201carms\u201d and not useful for self-defense, Judge McConnell said that his court \u201cneed not investigate whether the LCM Ban\u2019s restrictions are consistent with the regulations of history.\u201d<\/p>\n \u201cThe Court\u2019s Second Amendment analysis simply ends here,\u201d he added.<\/p>\n He also determined that banning the possession of magazines obtained legally before the ban did not count as a government \u201ctaking\u201d because such a ban is \u201ca reasonable public safety regulation\u201d that serves the public interest. He said that any burden faced by gun owners when turning in or destroying their lawfully purchased property was \u201cde minimus.\u201d<\/p>\n Attorneys representing the plaintiffs did not respond to a request for comment. It is not immediately clear if the ruling will be appealed.<\/p>\n Cody Wisniewski, a senior attorney with the Firearms Policy Coalition (FPC) who helped file an amicus brief supporting the challenge to Rhode Island\u2019s law, called the court\u2019s decision \u201cdeeply flawed.\u201d<\/p>\n \u201cFPC\u2019s brief in this case sought to specifically address the test set forth by the Supreme Court in Bruen and the relevant historical analysis for the Court,\u201d he told The Reload. \u201cBoth Bruen and history demonstrate that Rhode Island\u2019s law is unconstitutional, and yet the Court followed neither.\u201d<\/p>\n The ban was passed earlier this June as part of a sweeping package that also banned the open carry of long guns and raised the age to purchase any firearm in the state to 21. The ban provided a 180-day grace period for owners of the now-outlawed magazines to surrender or destroy them. That grace period is set to expire on December 18. Individuals found to be in possession of a magazine with a capacity greater than ten rounds after that date could face up to five years in prison.<\/p>\n Rhode Island Attorney General Peter Neronha\u2019s (D.) office did not respond to a request for comment.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Another disingenuous Federal judge. Federal Judge Denies Injunction Request Against Rhode Island Magazine Confiscation Law Banning and confiscating commonly-owned ammunition magazines does not run afoul of the Second Amendment. At least according to U.S. District Judge John McConnell\u2019s reading of the amendment. On Wednesday, McConnell denied a motion for a preliminary injunction against Rhode Island\u2019s … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,11,95,8],"tags":[],"class_list":["post-88669","post","type-post","status-publish","format-standard","hentry","category-courts","category-crap-for-brains","category-mendacity","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/88669","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=88669"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/88669\/revisions"}],"predecessor-version":[{"id":88670,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/88669\/revisions\/88670"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=88669"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=88669"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=88669"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}