Thursday, January 31, 2013

Will there be a challenge to the constitutionality of New York's recent assault weapons ban?

I'm finishing up grading week 2's assignment on recent Supreme Court decisions about gun control, and I ran across the following story about possible constitutional claims against the state of New York's recently passed laws banning assault weapons.

Pro-gun-rights groups filed notice with the state Tuesday of their intention to sue over Gov. Cuomo’s new assault weapons ban.
The New York State Rifle & Pistol Association and other groups made the filing with the state Court of Claims, arguing the new gun control law violates the rights guaranteed by the U.S. and state constitutions.

The point of McDonald v Chicago was to expend the reach of Second Amendment protections. Prior the decision, the Second Amendment protected gun owners from the national government, afterwards a gun owner could use the amendment to limit the state and local governments. It is unclear whether this applies to assault rifles and magazine sizes and other such matters, but we may find out soon. I think its appropriate to point out that activities allowed in the McDonald case seem to be underway.