Posted October 24, 2019 8:58 am by Comments

By Joseph G.S. Greenlee, David B. Kopel, Ilya Shapiro Joseph G.S. Greenlee, David B. Kopel, Ilya Shapiro

Massachusetts law currently prohibits ownership of “assault weapons,” the statutory definition of which includes the most popular semi-automatic rifles in the country, as well as “copies or duplicates” of any such weapons. As for what that means, your guess is as good as ours. A group of plaintiffs, including two firearm dealers and the Gun Owners’ Action League, challenged the law as an unconstitutional violation of their Second Amendment rights. Unfortunately, both a federal trial judge and a federal appellate panel upheld the ban—though they could not agree on why.

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The trial judge followed the lead of the Maryland case of Kolbe v. Hogan (in which Cato filed a brief supporting a petition to the Supreme Court), misconstruing from a shred of the landmark 2008 Supreme Court opinion in District of Columbia v. Heller that the test for whether a class of weapons could be banned was whether it was “like an M-16.” Meanwhile, the U.S. Court of Appeals for the First Circuit (in which Cato also filed a brief), conjured up a …Read the Rest

Source:: Cato Institute

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