Sponsored by the Calguns Foundation and the Second Amendment Foundation, a lawsuit has been filed in federal court to challenge California’s ban on so-called assault weapons. Richards v. Harris attacks the ban itself on Second Amendment grounds and as a bonus also challenges the constitutionality of warrantless gun-related searches under the Fourth Amendment. The lawful possession of a firearm is not probable cause that a crime has occurred.
As I have noted before, “assault weapons” do not actually exist. They are an artificial and arbitrary category of weapon, functionally identical to many non-banned semi-automatic firearms, and much of the legislation passed against them was done through subterfuge, exploiting their superficial resemblance to machine guns, which have been tightly controlled since A.D. 1934 and effectively banned since A.D. 1986. Even in California, there are hundreds of thousands of firearms that have been modified to comply with the law’s confusing definitions.
The time has come to strike down this unconstitutional statute that prohibits firearms “in common use for lawful purposes.”
As I have noted before, “assault weapons” do not actually exist. They are an artificial and arbitrary category of weapon, functionally identical to many non-banned semi-automatic firearms, and much of the legislation passed against them was done through subterfuge, exploiting their superficial resemblance to machine guns, which have been tightly controlled since A.D. 1934 and effectively banned since A.D. 1986. Even in California, there are hundreds of thousands of firearms that have been modified to comply with the law’s confusing definitions.
The time has come to strike down this unconstitutional statute that prohibits firearms “in common use for lawful purposes.”
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