Monday, October 19, 2015

2nd Circuit Decision

Challenges to the New York State and Connecticut assault weapon and magazine bans now have a decision from the 2nd Circuit.  While New York's 7 round magazine limit and Connecticut's ban on the Remington 7615 were struck down, the core of both laws were upheld by the 2nd Circuit deciding that the core of the 2nd Amendment was not impaired because the laws do not "operate as a substantial burden on the ability of law‐abiding citizens to possess and use a firearm for lawful  purposes.”

The reasoning is that like saying that freedom of speech is not impaired by a ban on burning the U.S. flag because, to parody the decision of p. 33:   because “adequate alternatives remain for law‐abiding citizens to express their opposition to the U.S.: signs and chanting."  Similarly Gideon v. Wainwright (1963) which requires states to provide public defenders for indigent defendants, if judged by this standard, is wrong, because a defendant can always represent himself.

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