California Judge Claims that Second Amendment Does Not Protect “Killing Machines”
U.S. District Judge Judge Josephine Staton recently ruled that the Second Amendment’s existence does not justify the legality of semiautomatic “killing machines” in California.
This ruling came in response to a California Rifle and Pistol Association (CRPA) lawsuit against the state’s “assault weapons” ban.
AWR Hawkins reports that the CRPA originally “sought a summary judgement against the “assault weapons” ban on behalf of Plaintiff Steven Rupp.”
Stanton rejected the summary judgment request, describing “semiautomatic rifles with non-fixed magazines” as “killing machines” which “are essentially indistinguishable from M-16s.”
What Stanton gets wrong is that M-16s are fully automatic firearms, while AR-15s are semiautomatic rifles. Stanton’s reasoning mirrors California Attorney General Xavier Becerra, who said that “[a]ssault rifles may be banned because they are, like the M-16, ‘weapons that are most useful in military service’; and ‘they are also not “in common use” for lawful purposes like self-defense.’”
Since the Parkland shooting in 2018, the AR-15 has become the whipping boy for the gun control crowd.
However, the fears surrounding the AR-15 are misguided. In 2017, all types of rifles were involved in the deaths of 403 people. This was a year when approximately 15,000 people were murdered, this includes both firearms and non-firearms related deaths.
Despite its perceived danger, the AR-15 only accounted for 173 deaths in mass shootings from 2007 to 2017.