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frazzled

(18,402 posts)
20. You're dead wrong
Sat Dec 5, 2015, 10:47 AM
Dec 2015

Every challenge was put down by the Court:

A February 2013 Congressional Research Service (CRS) report to Congress said that the "Assault Weapons Ban of 1994 was unsuccessfully challenged as violating several constitutional provisions." The report said that challenges to three constitutional provisions were easily dismissed. The ban did not make up an impermissible Bill of Attainder.[19]:31 It was not unconstitutionally vague.[20] And it was not incompatible with the Ninth Amendment.

Challenges to two other provisions took more time to decide.

In evaluating challenges to the ban under the Commerce Clause, the court first evaluated Congress' authority to regulate under the clause, and second analyzed the ban's prohibitions on manufacture, transfer, and possession. The court held that "it is not even arguable that the manufacture and transfer of 'semiautomatic assault weapons' for a national market cannot be regulated as activity substantially affecting interstate commerce." It also held that the "purpose of the ban on possession has an 'evident commercial nexus.'"

The law was also challenged under the Equal Protection Clause. It was argued that it banned some semi-automatic weapons that were functional equivalents of exempted semi-automatic weapons and that to do so based upon a mix of other characteristics served no legitimate governmental interest. The reviewing court held that it was "entirely rational for Congress ... to choose to ban those weapons commonly used for criminal purposes and to exempt those weapons commonly used for recreational purposes." It also found that each characteristic served to make the weapon "potentially more dangerous," and were not "commonly used on weapons designed solely for hunting."

The federal assault weapons ban was never directly challenged under the Second Amendment.

https://en.wikipedia.org/wiki/Federal_Assault_Weapons_Ban


And no definition is necessary. More than 600 individual models and various features were included in the law. And it was found to be legal.

Recommendations

0 members have recommended this reply (displayed in chronological order):

Good for the NYT. Every newspaper in America needs to follow suit. LonePirate Dec 2015 #1
Thanks. Rachel just discussed this. elleng Dec 2015 #2
Hopefully we finally reached our tipping point. cui bono Dec 2015 #3
wow gristy Dec 2015 #4
Gun Enthusiasts houston16revival Dec 2015 #5
To listen to the ammosexuals a huge majority of the public supports them. Spitfire of ATJ Dec 2015 #6
Depends entirely on the question. jeff47 Dec 2015 #8
I'm for taking them away from guys who get a woody talking about them.... Spitfire of ATJ Dec 2015 #9
results Go Vols Dec 2015 #13
LOL!!! Spitfire of ATJ Dec 2015 #14
Time for Democratic Underground to get off Warren Stupidity Dec 2015 #7
A masterpiece of persuasive writing Politicub Dec 2015 #10
I would have gone further than they did frazzled Dec 2015 #15
Message auto-removed Name removed Dec 2015 #16
Virtually every thing you mentioned is asked and answered SCOTUS case law pipoman Dec 2015 #17
You're dead wrong frazzled Dec 2015 #20
No, the ban was making it's way to SCOTUS pipoman Dec 2015 #21
Thank you, NYT frazzled Dec 2015 #11
Waste of column inches. Aristus Dec 2015 #12
Why an editorial? Why not a fact based article? pipoman Dec 2015 #18
Good for the nytimes. Past time! riversedge Dec 2015 #19
Big K&R - it is time for civilized folks TBF Dec 2015 #22
What was the 1920 Editorial about? houston16revival Dec 2015 #23
According to the article the nomination of Harding to be President happyslug Dec 2015 #24
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