Courts, Issues

Federal Judge: Second Amendment Doesn’t Protect AR-15s

Judicial tyranny is on the roll against the Second Amendment again this week.

A federal judge — a Reagan appointee, no less — ruled that the AR15 is ‘outside the scope’ of the Second Amendment’s right to bear arms clause.

That means states and Congress have the authority to regulate or entirely ban the gun. His reasoning? The AR15 is ‘most useful in military service’ and therefore is negated from constitutional provisions.

Pardon us for saying so, but the entire motivation of the Second Amendment was to protect the right of self-defense against foreign — or domestic — attacks by tyrannical military forces.

The framers weren’t concerned about home invasion or hunting rights.

Here’s more from Hotair…

He’s from Massachusetts. He’s, er, also a Reagan appointee.

The ruling doesn’t matter, though, in this sense. Someday there’ll be another liberal majority on the Supreme Court and that majority will surely declare “assault weapons” outside the bounds of the Second Amendment, whatever happens legally between now and then. You could have a mountain of lower-court rulings holding that the right to bear arms includes assault weapons, you could have umpteen Supreme Court precedents affirming that fact. The next liberal Court will flip over the table because gun rights is one of the litmus-test issues for which the justices will have been selected and appointed. It’ll be a replay of the conservative movement to appoint anti-abortion justices in the name of overturning Roe, but unlike the right’s picks, the left’s won’t choke when they get the opportunity. In fact, never mind assault weapons: The entire line of cases beginning with Heller’s assertion of an individual right to bear arms is going out the window as soon as liberals on the Court have the numbers.

Usually it’s the Supreme Court that acts as a last line of defense against Congress for the right wing. (That’s how it was supposed to work with ObamaCare, anyway. Thanks, John Roberts!) In this case it’ll be Congress that’s the last line of defense against the Court. An assault weapons ban will be constitutional — if Democrats can find the votes in Congress to pass one. No easy trick. In the meantime, though, blue-state bans are constitutional, at least according to blue-state federal courts:

“AR-15s and [large capacity magazines] are most useful in military service, they are beyond the scope of the Second Amendment […] and may be banned,” wrote Massachusetts District Court Judge William Young. The case was first brought in January 2017 by several gun owners, the nonprofit group Gun Owners’ Action League, and gun stores On Target Training and Overwatch Outpost…

Young called Scalia’s majority writing a “tour de force” on the Second Amendment. Critically, Young wrote that Scalia “explained that ‘weapons that are most useful in military service—M-16 rifles and the like’ are not protected under the Second Amendment.”

“The AR-15 and the M16 were designed and manufactured simultaneously for the military and share very similar features and functions,” Young wrote. “Therefore, because the undisputed facts convincingly demonstrate that AR-15s and [large capacity magazines] are most useful in military service, they are beyond the scope of the Second Amendment.”

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