In two cases arising out of New York and Connecticut, the 2nd Circuit Court of Appeals has ruled that states can ban the civilian possession of “assault weapons” such as the AR15 without violating the US Constitution.
The Court stated that one of the issues under Heller involved two questions. The Court stated that “the Second Amendment protects only “the sort of weapons” that are (1) “in common use” and (2) “typically possessed by law abiding citizens for lawful purposes.””
On the first question, the Court noted that “Americans own millions of the firearms that the challenged legislation prohibits.”
In discussing the “typically possessed” factor, the Court also concluded that the semi-automatic assault weapons, such as the AR15, are a category of weapon that is protected by the 2nd Amendment.
Nevertheless, in apply a low standard of intermediate scrutiny, the Court found that these two states had demonstrated that the semi-automatic assault weapons “pose unusual risks” and could be completely banned in the discretion of the state legislatures.
The attack on the 2nd Amendment continues. It will and already has come to Tennessee!
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