On Monday October 21st 2013, California’s 4th District Court of Appeal held that the Second Amendment does not apply to semi-automatic firearms like “AK” platform rifles.
At first, while a setback for the 2nd Amendment, a person might try and rationalize this ruling as a ruling against so called “assault” weapons and considering it IS California after all that is not too surprising. But as they say, the devil is in the details and this ruling is much more insidious than simply undercutting the right to keep and bear AK-47’s.
In their ruling the court states:
“We construe Heller as standing for the proposition that the right secured by the Second Amendment is ‘not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose’ (Heller, supra, 554 U.S. at p. 626), but is instead the right to possess and carry weapons typically possessed by law-abiding citizens for lawful purposes such as hunting or self-defense . . .
In that one sentence California’s 4th District Court of Appeals has ruled that courts have the right to infringe upon the 2nd Amendment, can outlaw open AND concealed carry and furthermore left itself room to eliminate all firearms save for the most rudimentary guns such as a single shot breach loading shotgun.
There are a bunch of “whatsoevers” in their ruling and that simply translates to “we don’t like it so you don’t get to do it.”
But the most important line in that ruling is the part that goes: “the right to possess and carry weapons typically possessed by law-abiding citizens for lawful purposes such as hunting or self-defense”
Not only is that a lie, since sporting rifles are one of the most popular platforms in the country, it is also disingenuous and if applied to places such as Illinois would mean that the entire state would still be denied the right to keep and bear arms since they were not “typically” allowed to carry or possess ANY weapon.
By using the logic in this ruling the denizens of New York City would NEVER get their 2nd Amendment rights back since only the privileged few, thousands in a city of millions, ever get the mythic NYC Carry Permit. Since it is not typical to have or carry a gun legally, using the courts logic, New Yorkers don’t actually have any 2nd Amendment rights.
This gun hating activist driven court has essentially ruled that if they think a weapon is not typically possessed by the law abiding then they have the power to rule against any plaintiff who would dare raise their voice at the civil rights violations perpetrated by the government.
The court has given the legislature in California a blank check to right as many bans on guns as they want so long as they keep the most innocuous gun legal in some false flag attempt to show that Californians still enjoy the right to keep and bear arms. Plus, considering that the politicians in Sacramento have been waging a war on hunting as well, it will soon be “typical” that no one has a gun save for citizens who work for the government.
Thereby, the court rules that only the government should have access to firearms.