Archive for the ‘Challenge To Assault Weapons Ban Rejected’ Category

Tuesday, October 22, 2013

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C.A. Rejects Second Amendment Challenge to Assault Weapons Ban


The Fourth District Court of Appeal yesterday upheld the constitutionality of California’s ban on assault weapons.
Div. One affirmed William Zondarak’s conviction for violation of the Assault Weapons Control Act. A San Diego Superior Court judge found him guilty and sentenced him to the two days in jail he had already served, after he stipulated that he “knowingly possessed an operable semi-automatic CN Romarm AK series rifle” and waived his right to jury trial.
The Court of Appeal, as well as the trial judge, rejected the defendant’s argument that the AWCA violates the Second Amendment, as interpreted in District of Columbia v. Heller (2008) 554 U.S. 570 and McDonald v. City of Chicago (2010) 130 S.Ct. 3020. The cases held that there is a fundamental, individual constitutional right to bear arms, including the possession of a handgun in the home.
Heller’s Admonition
Justice Alex McDonald, writing for the Court of Appeal, cited Heller’s admonition that the right to possess firearms is not unlimited and does not extend to every type of weapon. The high court, McDonald noted, expressly reiterated its holding in U.S. v. Miller (1939) 307 U.S. 174, in which it held the Second Amendment did not protect an individual’s right to transport an unregistered short-barreled shotgun in interstate commerce.
The justice elaborated:
“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’…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.” . .