Wednesday, April 11, 2018 — On Thursday April 5th, a federal district court judge ruled that Massachusetts Attorney General Maura Healy’s ban on “lookalike” ARs did not violate the Second Amendment. Pro-gun advocates can argue all they want about the 2008 Heller decision and whether or not Justice Antonin Scalia in his affirmation meant to include today’s ARs under the “in common use” phrase in the 2A. Certainly, the millions of ARs in common use today would seem to indicate such constitutional protection was guaranteed as opposed to, say, the military M16 rifle. The select fire version would fall under the Heller restriction as ‘not for civilian use’ and no one would argue the point. Well, almost no one. There are others who would take that bet any day.
But district court judge William Young, a Reagan appointee, upheld the ban and the challenge to it by some individuals, two gun retailers and the Gun Owners Action League (GOAL) of Massachusetts by leaning on a 4th Circuit Appeals Court decision which upheld Maryland’s ban on ARs and hi-cap magazines.
There are other states watching this “ban weapons of war” activity probably some of which already know that these two examples are likely to be reviewed by the U.S. Supreme Court.
Should such be the case ‘eventually’ – SCOTUS is always scooting at a snail’s pace – the big money is on the Court’s affirmation of Heller as the law of the land in word and in fact, meaning that “in common use” means exactly what it says and, further, that patience being a virtue, SCOTUS may well go beyond Heller and toss on the scrap heap of recent history the panoply of state and municipality anti-gun rules, regulations and restrictions that have beset American gun owners in all those bright blue or even purple tinged states that have fostered penalties and rules on such ill-informed legislation that has turned California into a bastion of misdirected feel-good rule-making.
As some philosophical wag said back in the dark ages that every action has an equal but opposite reaction, the Healy ban may eventually fall along with Maryland’s and the “in your dreams” thoughts of all blue states America. For some, that will be too late. For others, a “just getting started” approach to cleansing gun control of politics and false flags of gun safety and, instead, a focus on real gun control, the kind that requires keeping your gun pointed downrange and your finger off the trigger until ready to fire.