89.2 F
College Station
Monday, June 21, 2021

Second Ruling Against California’s ‘Assault Weapon’ Ban Offers Supreme Court A Chance To Fix Heller

Local News

College Station Bans Traditional Pet Shops

At Thursday's meeting, the College Station city council passed an ordinance that prohibits the sale of non-rescue dogs and cats in pet...

College Station to Vote on ROO in Special Meeting Today

The College Station City Council meets Monday at 4 p.m. at city hall to consider a Restricted Occupancy Overlay (ROO). The ordinance would allow single-family...

College Station Plans on Borrowing Additional $62 Million Without Taxpayer Vote

The College Station City Council voted to begin the process of issuing $62 million in certificates of obligations for capital projects. The...

Brazos Valley Hospitalizations Continue to Decline After Mask Order Rescinded

Texas Governor Greg Abbott issued Executive Order GA-34 on March 2, 2021, and the order went into effect on March 10, 2021....

Last week, in Miller v. Bonta, U.S. District Court Judge Roger Benitez struck down California’s ban on so-called “assault weapons,” such as the ubiquitous AR-15, as a violation of the right of individuals to keep and bear arms for the militia purposes of defense against tyranny, insurrection, and invasion, as well as for self-defense against the more common variety of criminals.

Understanding that the Second Amendment was not adopted to protect hobbies and recreation, Judge Benitez implicitly rejected the notion, suggested by some, that AR-15s — semi-automatic variants of the automatic M16s used by the armed forces — are merely “modern sporting rifles,” instead concluding:

[T]he popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle … Therefore, this Court declares the California statutes to be unconstitutional.

The Second Amendment protects any law-abiding citizen’s right … to be armed to defend himself, his family, and his home. At the same time, the Second Amendment protects a citizen’s right to keep and bear arms to use should the militia be needed to fight against invaders, terrorists, and tyrants.

The evidence is clear … that the AR-15 … bears a reasonable relationship to the preservation and efficiency, as well as the effectiveness, of a modern well-regulated militia. It is therefore categorically protected by the Second Amendment.

[T]he evidence overwhelmingly shows that AR-15 platform rifles are ideal for use in both the citizens’ militia and a state-organized militia. Quite apart from its practicality as a peacekeeping arm for home-defense, [it] can also be useful for war. In fact, it is an ideal firearm for militia service … It is therefore categorically protected by the Second Amendment.

Although the Supreme Court pretended otherwise in District of Columbia v. Heller (2008), defense against tyranny, not merely against criminals, is the primary reason the keeping and bearing of arms is expressly protected within the Bill of Rights. For example, in “That Every Man Be Armed,” constitutional scholar Stephen P. Halbrook noted:

Ten days after the Bill of Rights was proposed in the House (of Representatives),

Continue reading on thefederalist

More articles

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisement -

State News

Abbott Exercises His Veto Powers

Sunday marked the last day that Texas Gov. Greg Abbott could consider bills passed by the state Legislature during the regular 87th Legislative Session....

Texas Home School Coalition Reflects on the Session

During this legislative session, legislators heard from citizens and delivered two key homeschooling reforms: allowing equal access to the school resources that families pay...

Texans to Vote on Constitutional Amendments

As they do each odd-numbered year, Texas voters will decide whether to amend the state constitution in a variety of ways proposed by the...

Abbott Signs & Vetoes Bills

Governor Abbott Signs & Vetoes Bills In total, Abbott signed 1,034 bills,...

Abbott Signs Budget, Vetoes Funding of Legislature

Late Friday afternoon, Gov. Greg Abbott signed the $248.5 billion biennial budget for 2022-2023. Abbott took to Twitter to call the budget “fiscally conservative”,...

Continue reading on thefederalist