Monday, June 20, 2016

A little sense from the Courts


The Supreme Court rejected an appeal of the United States Court of Appeals for the Second Circuit decision to uphold the Connecticut ban on the sale and possession of certain types of firearms.
The Supreme Court on Monday refused to hear a Second Amendment challenge to a Connecticut law banning many semiautomatic rifles. The law, enacted in 2013 in the wake of the mass shooting at Sandy Hook Elementary School in Newtown, Conn., made it a crime to sell or possess the firearms, which critics call assault weapons.

The decision not to hear the case, not long after the mass shooting in Orlando, Fla., does not set a Supreme Court precedent. But it is part of a trend in which the justices have given at least tacit approval to broad gun-control laws in states and localities that choose to enact them.

The case, Shew v. Malloy, No. 15-1030, was brought by four individuals, a business and two advocacy groups. They said the ban was irrational, ineffective and unconstitutional.

“Connecticut dubs a semiautomatic firearm” with one of several common features “an ‘assault weapon,’ but that is nothing more than an argument advanced by a political slogan in the guise of a definition,” they told the Supreme Court in their petition seeking review.

Last October, the United States Court of Appeals for the Second Circuit, in New York, upheld the ban almost entirely. It acknowledged that the affected weapons were in common use and assumed their possession was protected by the Second Amendment. But the appeals court ruled that the Connecticut law passed constitutional muster.

The law was “specifically targeted to prevent mass shootings like that in Newtown, in which the shooter used a semiautomatic assault weapon,” Judge José A. Cabranes wrote for the court.

“Plaintiffs complain that mass shootings are ‘particularly rare events’ and thus, even if successful, the legislation will have a ‘minimal impact’ on most violent crime.

“That may be so,” Judge Cabranes continued. “But gun‐control legislation ‘need not strike at all evils at the same time’ to be constitutional.”
It is good to see a court acknowledge the fact that some weapons pose a greater threat to public safety and may be subject to reasonable controls without denying anyone the right to own a gun, if for no other reason than the police should be allowed an edge over the evildoers.

Comments:

Post a Comment

Subscribe to Post Comments [Atom]





<< Home

This page is powered by Blogger. Isn't yours?

Subscribe to Posts [Atom]