e*9
发帖数: 2289 | 1 "semi-automatic rifles are also constitutionally
protected and that D.C.'s ban on them is unconstitutional."
Kavanaugh, who has served on the U.S. Court of Appeals for the D.C. Circuit
since 2006, dissented from a 2011 decision in which a three-judge panel
upheld the District of Columbia's ban on so-called assault weapons and its
requirement that all guns be registered. Kavanaugh disagreed with the
majority's use of "intermediate scrutiny," saying an analysis "based on text
, history, and tradition" is more consistent with the Supreme Court's Second
Amendment precedents.
The D.C. "assault weapon" ban covers a list of specific models as well as
guns that meet certain criteria. A semi-automatic rifle that accepts a
detachable magazine is illegal, for instance, if it has any of six
prohibited features, including an adjustable stock, a pistol grip, or a
flash suppressor. "The list appears to be haphazard," Kavanaugh noted. "It
bans certain semi-automatic rifles but not others—with no particular
explanation or rationale for why some made the list and some did not." In
any case, he concluded, the law is inconsistent with the landmark 2008 case
District of Columbia v. Heller.
"In Heller," Kavanaugh noted, "the Supreme Court held that handguns—the
vast majority of which today are semi-automatic—are constitutionally
protected because they have not traditionally been banned and are in common
use by law-abiding citizens. There is no meaningful or persuasive
constitutional distinction between semi-automatic handguns and semi-
automatic rifles. Semi-automatic rifles, like semi-automatic handguns, have
not traditionally been banned and are in common use by law-abiding citizens
for self-defense in the home, hunting, and other lawful uses. Moreover, semi
-automatic handguns are used in connection with violent crimes far more than
semi-automatic rifles are. It follows from Heller's protection of semi-
automatic handguns that semi-automatic rifles are also constitutionally
protected and that D.C.'s ban on them is unconstitutional." | f*******y
发帖数: 470 | 2 not bad
Circuit
text
Second
【在 e*9 的大作中提到】
: "semi-automatic rifles are also constitutionally
: protected and that D.C.'s ban on them is unconstitutional."
: Kavanaugh, who has served on the U.S. Court of Appeals for the D.C. Circuit
: since 2006, dissented from a 2011 decision in which a three-judge panel
: upheld the District of Columbia's ban on so-called assault weapons and its
: requirement that all guns be registered. Kavanaugh disagreed with the
: majority's use of "intermediate scrutiny," saying an analysis "based on text
: , history, and tradition" is more consistent with the Supreme Court's Second
: Amendment precedents.
: The D.C. "assault weapon" ban covers a list of specific models as well as
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