Re: no federal appeals court has ever held that assault weapons are protected.
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Date: February 22, 2018 08:38AM
In another case (called Heller II), the Court of Appeals for the District of Columbia Circuit upheld a ban on assault weapons and large-capacity magazines in Washington. The appeals court said in an April 2011 decision that the ban did not impinge on the individual’s right of self-defense. Plus, the court said, the city had plenty of reason to believe that assault weapons were too dangerous in “self-defense situations.” With the ability to fire so many shots so rapidly, the judges said, such weapons pose “grave risks” to bystanders, not to mention police officers who might confront them on the streets.
Another appeals court weighed in April, 2015, when the Chicago-based U.S. Court of Appeals for the 7th Circuit upheld by a 3 to 2 vote a Highland Park, Ill., ordinance that prohibited possession of assault weapons, which the law defined as “any semiautomatic gun that can accept a large-capacity magazine.”
In this case as well, the court said the ordinance left residents “with many self-defense options,” such as handguns. Like the D.C. court, the 7th Circuit cited the dangerousness of assault weapons. “Why else are they weapons of choice in mass shootings?” the court said.
“A ban on assault weapons and large-capacity magazine might not prevent shootings in Highland Park … but it may reduce the carnage if a mass shooting occurs,” the court said.
It’s true, wrote Judge Jose A. Cabranes for a unanimous court, that the laws constituted an “outright” ban, “both broad and burdensome.”
However, the panel said, “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,” the court said.