BREAKING: CA Court of Appeals: 2A Doesn’t Apply to AK Platform Rifles
By Robert Farago on October 21, 2013
Senator Feinstein demonstrates trigger control on an AK-47 (courtesy wired.com)
California’s 4th District (Division 1) Court of Appeal just held that the Second Amendment does not apply to semi-automatic firearms like “AK” platform rifles. Click here to read the decision. “We construe Heller as standing for the proposition that the right secured by the Second Amendment is ‘not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose’ (Heller, supra, 554 U.S. at p. 626), but is instead the right to possess and carry weapons typically possessed by law-abiding citizens for lawful purposes such as hunting or self-defense . . . We agree with James that the ban on AK series rifles does not impinge on rights protected by the Second Amendment because assault weapons ‘are at least as dangerous and unusual as the short-barreled shotgun’ (James, supra, 174 Cal.App.4th at p. 677), which Miller concluded (with apparent approval from Heller) was outside the scope of the Second Amendment’s guarantee. (James, at pp. 674-675.)”
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