2aguy
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- Jul 19, 2014
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Reading through the ruling declaring the California Assault Weapon Ban unConstitutional.....the Judge explains the "Heller Test," ........
A. The Heller Test
With these principles firmly established, it is time to put the constitutionality of AWCA to the test. Two tests will be used:
(1) the Heller test; and
(2) the Ninth Circuit’s two-step levels-of-scrutiny test.
The Heller test is a test that any citizen can understand. Heller asks whether a law bans a firearm that is commonly owned by law-abiding citizens for lawful purposes. It is a hardware test.20
Heller draws a distinction between firearms commonly owned for lawful purposes and unusual arms adapted to unlawful uses as well as arms solely useful for military purposes. 21
As applied to AWCA, the Heller test asks: is a modern rifle commonly owned by law-abiding citizens for a lawful purpose?
For the AR-15 type rifle the answer is “yes.”
The overwhelming majority of citizens who own and keep the popular AR-15 rifle and its many variants do so for lawful purposes, including selfdefense at home. Under Heller, that is all that is needed. Using the easy to understand Heller test, it is obvious that the California assault weapon ban is unconstitutional. Under the Heller test, judicial review can end right here.22
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At the core this is a simple case. Like the cases of Heller and McDonald, here the government bans an entire class of very popular hardware -- firearms that are lawful under federal law and under the laws of most states and that are commonly held by lawabiding citizens for lawful purposes. Under no level of heightened scrutiny can the law survive.
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For female gun buyers in 2018, after a handgun, a modern rifle was the next most popular choice. Id. at 24.
If you want another good breakdown...read this Judges ruling against the California Magazine Ban.......he explains that as well...
A. The Heller Test
With these principles firmly established, it is time to put the constitutionality of AWCA to the test. Two tests will be used:
(1) the Heller test; and
(2) the Ninth Circuit’s two-step levels-of-scrutiny test.
The Heller test is a test that any citizen can understand. Heller asks whether a law bans a firearm that is commonly owned by law-abiding citizens for lawful purposes. It is a hardware test.20
Heller draws a distinction between firearms commonly owned for lawful purposes and unusual arms adapted to unlawful uses as well as arms solely useful for military purposes. 21
As applied to AWCA, the Heller test asks: is a modern rifle commonly owned by law-abiding citizens for a lawful purpose?
For the AR-15 type rifle the answer is “yes.”
The overwhelming majority of citizens who own and keep the popular AR-15 rifle and its many variants do so for lawful purposes, including selfdefense at home. Under Heller, that is all that is needed. Using the easy to understand Heller test, it is obvious that the California assault weapon ban is unconstitutional. Under the Heller test, judicial review can end right here.22
-------
At the core this is a simple case. Like the cases of Heller and McDonald, here the government bans an entire class of very popular hardware -- firearms that are lawful under federal law and under the laws of most states and that are commonly held by lawabiding citizens for lawful purposes. Under no level of heightened scrutiny can the law survive.
========
For female gun buyers in 2018, after a handgun, a modern rifle was the next most popular choice. Id. at 24.
If you want another good breakdown...read this Judges ruling against the California Magazine Ban.......he explains that as well...
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