{"id":98757,"date":"2023-12-23T09:38:54","date_gmt":"2023-12-23T15:38:54","guid":{"rendered":"https:\/\/milesfortis.com\/?p=98757"},"modified":"2023-12-23T09:38:54","modified_gmt":"2023-12-23T15:38:54","slug":"98757","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=98757","title":{"rendered":""},"content":{"rendered":"

Massachusetts Assault Weapon Ban Ruled Constitutional by Judge<\/a><\/p>\n

Massachusetts\u2019 law prohibiting the possession and sale of some semiautomatic weapons commonly used in mass shootings is acceptable under a recent change to Second Amendment precedent from the US Supreme Court, a federal judge said Thursday.<\/strong><\/p>\n

The National Association for Gun Rights asked the US District Court for the District of Massachusetts to prevent the state from being able to enforce its law, claiming the weapons are protected under the Second Amendment because they were in common use at the time the Second Amendment was adopted.<\/strong><\/p>\n

The banned weapons \u201care unreasonably dangerous for ordinary purposes of self-defense due to their extreme lethality and high potential for collateral harm,\u201d Chief Judge Dennis Saylor wrote in an\u00a0order<\/a>\u00a0denying the gun rights group\u2019s request to halt enforcement of the law.<\/strong><\/p>\n

\n

This IS NOT<\/em> the Bruen Standard.<\/strong><\/p>\n

\n

The US Supreme Court held last year in\u00a0New Y<\/em><\/a>ork State Rifles & Pistol Association Inc. v. Bruen<\/em><\/a>\u00a0<\/em>that state governments must prove a regulation would have been consistent with the nation\u2019s historical regulation of firearms.<\/p>\n

Saylor\u2019s decision helps build the jurisprudence for the types of state regulations that remain acceptable under the Second Amendment post-Bruen<\/em>\u00a0as many states grapple with challenges to their weapon laws. States like\u00a0Illinois<\/a>,\u00a0California<\/a>, and\u00a0Connecticut<\/a>\u00a0have also been allowed to move forward enforcing their assault weapon bans.<\/p>\n

\u201cThe relevant history affirms the principle that in 1791, as now, there was a tradition of regulating \u2018dangerous and unusual\u2019 weapons\u2014specifically, those that are not reasonably necessary for self-defense,<\/strong><\/em>\u201d the order said, and the current restrictions \u201cpose a minimal burden on the right to self-defense and are comparably justified to historical regulation.\u201d<\/p>\n

\n

THIS, is not the Bruen Standard either!<\/strong><\/p>\n

\n

Saylor was not convinced that assault weapons are commonly used for self-defense, finding them \u201cgenerally unsuitable\u201d for that purpose because of their weight, size, and firepower.<\/p>\n

\u201cThe features of modern assault weapons\u2014particularly the AR-15\u2019s radical increases in muzzle velocity, range, accuracy, and functionality\u2014along with the types of injuries they can inflict are so different from colonial firearms that the two are not reasonably comparable,\u201d the order said.<\/p>\n

The case is\u00a0Capen v. Campbell<\/a>, D. Mass., No. 1:22-cv-11431, order 12\/21\/23.<\/p>\n","protected":false},"excerpt":{"rendered":"

Massachusetts Assault Weapon Ban Ruled Constitutional by Judge Massachusetts\u2019 law prohibiting the possession and sale of some semiautomatic weapons commonly used in mass shootings is acceptable under a recent change to Second Amendment precedent from the US Supreme Court, a federal judge said Thursday. The National Association for Gun Rights asked the US District Court … 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":[23,11,9,50,8],"tags":[],"class_list":["post-98757","post","type-post","status-publish","format-standard","hentry","category-courts","category-crap-for-brains","category-enemies-foreign-domestic","category-goobermint","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/98757","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=98757"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/98757\/revisions"}],"predecessor-version":[{"id":98758,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/98757\/revisions\/98758"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=98757"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=98757"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=98757"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}