Saturday, May 17, 2014

Oh, Dear

Another loss for "gun rights" as "intermediate scrutiny" is applied and long standing prohibitions are considered constitutional from the latest Heller decision:
Nevertheless, based upon the record as it stands, we cannot be certain whether these weapons are commonly used or are useful specifically for self-defense or hunting and therefore whether the prohibitions of certain semi-automatic rifles and magazines holding more than ten rounds meaningfully affect the right to keep and bear arms. We need not resolve that question, however, because even assuming they do impinge upon the right protected by the Second Amendment, we think intermediate scrutiny is the appropriate standard of review and the prohibitions survive that standard.

b. Intermediate scrutiny is appropriate

 As we did in evaluating the constitutionality of certain of the registration requirements, we determine the appropriate standard of review by assessing how severely the prohibitions burden the Second Amendment right. Unlike the law held unconstitutional in Heller, the laws at issue here do not prohibit the possession of "the quintessential self-defense weapon," to wit, [*45] the handgun. 554 U.S. at 629. Nor does the ban on certain semi-automatic rifles prevent a person from keeping a suitable and commonly used weapon for protection in the home or for hunting, whether a handgun or a non-automatic long gun. See Gary Kleck & Marc Gertz, Armed Resistance to Crime: The Prevalence and Nature of Self-Defense with a Gun, 86 J. Crim. L. & Criminology 150, 185 (1995) (revolvers and semi-automatic pistols are together used almost 80% of the time in incidents of self-defense with a gun); Dep't of Treasury, Study on the Sporting Suitability of Modified Semiautomatic Assault Rifles 38 (1998) (semi-automatic assault rifles studied are "not generally recognized as particularly suitable for or readily adaptable to sporting purposes"). Although we cannot be confident the prohibitions impinge at all upon the core right protected by the Second Amendment, we are reasonably certain the prohibitions do not impose a substantial burden upon that right. As the District points out, the plaintiffs present hardly any evidence that semi-automatic rifles and magazines holding more than ten rounds are well-suited to or preferred for the purpose of self-defense or sport.

I guess it helps to have Cato running the show rather than the NRA if you want to see unconstitutional changes made to the Constitution.

6 comments:

  1. "Another loss for "gun rights" as "intermediate scrutiny" is applied and long standing prohibitions are considered constitutional from the latest Heller decision:"

    Laci, even with many restrictions being constitutional, Heller has turned out to be a positive outcome over the long run. It played a part in turning Illinois from a no issue permit state to a shall issue one.
    And it was used in the 9th Circuit's Peruta decision which is having an affect on the may issue permit systems in its jurisdictions. And on the legislative side, gun laws have been getting more liberal, resulting in greater freedoms for citizens.

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    1. Funny how the looser we make gun laws, gun incidents of injury and murder are on the rise.

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    2. Anon, where do you get your data for that claim? It appears that the US homicide and violent crime rates seem to have been dropping consistently as gun laws become more liberal.
      http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2012/crime-in-the-u.s.-2012/tables/1tabledatadecoverviewpdf/table_1_crime_in_the_united_states_by_volume_and_rate_per_100000_inhabitants_1993-2012.xls

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    3. So you deny the statistics constantly posted that show gun crimes on the rise, including gun shot deaths? 30,000 a yera and climbing soon to pass car accident deaths.

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    4. "So you deny the statistics constantly posted that show gun crimes on the rise, including gun shot deaths?"

      Can you please site the actual data you are claiming to have seen please? Hopefully it isn't a study from the VPC. I believe the premise of the articles you mention contend that because of mandated safety improvement on autos, injuries and deaths from auto accidents have declined below that of firearm deaths and injuries IN SOME AREAS.
      This assertion makes no claim that gun deaths or injuries are rising. Currently, the firearm homicide rate is falling, both according to the FBI crime statistics I cited above and according to CDC ststistics which can be found here.
      http://webappa.cdc.gov/cgi-bin/broker.exe

      However, the firearm suicide rate IS rising. However, suicide ISNT illegal in the US. Mike agrees that gun homicide and violent crime is dropping, though he adds the caveat that it would have dropped more with stricter gun laws.

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    5. Suicide is illegal. Try reading the stats posted on this site multiple times.

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