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anon45564556 t1_ixx1z7s wrote

Reply to comment by Steveesq in Non-Political RI Gun Law Question by provendumb

Massachusetts has had a capacity ban for years and no one has successfully overturned that. So why would RI be different?

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Steveesq t1_ixx2kw4 wrote

Simple... there is a new Supreme Court case from this summer that changes the standard. The California AWB (Assault Weapons Ban) is set to be decided within the next month or so... and it looks like it will be overturned.

The MA AWB is a carbon copy of CA. If the court rules the CA AWB is unconditional under this new standard... then ALL AWBs are by definition unconstitutional. I belive the MA ban is being challenged as well under this new standard but I'm not sure.

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glennjersey t1_ixx7lb1 wrote

Small caveat.

The CA mag ban is under jurisdiction of the 9CA. A ruling there is not binding to anyone outside of that jurisdiction.

It would be great case law, but we'd need a victory in the 1CA to affect MA and RI.

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glennjersey t1_ixx2dbt wrote

NYSRPA v. Bruen. Recent SCOTUS decision that not only got rid of the two step interest balancing judicial precedent, but also noted that the 2A is protected hlby historical analogs to the revolutionary period.

Show me a mag ban from pre civil war era?

The tl;dr is unless there were analogous gun laws on the books when the constitution was drafted/ratified, the gun law is unconstitutional.

That means no more AWBs or Mag bans in the near future, but the courts move at a snails pace.

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