Thursday was not a good day for Second Amendment advocates in Massachusetts. The First Circuit Court of Appeals unanimously upheld the denial of a preliminary injunction against the state’s sweeping ban on popular semi-automatic rifles and standard capacity magazines.
The three-judge panel extended what has become a losing streak for Second Amendment advocates arguing against such laws.
The National Association for Gun Rights (NAGR) sued the Bay State over the statute after the 2022 Supreme Court Bruen decision. This landmark ruling on the surface appeared to protect gun rights from continuous state attacks, but that has largely not been the outcome.
A lower court rejected the plaintiffs’ bid to receive a preliminary injunction. It determined that so-called “assault weapons” are “dangerous and unusual,” even with the well-established fact that tens of millions of these firearms are in circulation today.
That makes the AR-15 and its contemporaries hardly “unusual.”
Despite this truth, the First Circuit directly cited Bruen in upholding the denial of the injunction.
Judge Gary Katzmann wrote for the panel. “A straightforward application of our prior holding in Ocean State Tactical supports the Commonwealth’s demonstration that the Massachusetts…AR-15 restriction ‘is consistent with the Nation’s historical tradition of firearm regulation.’ This means that Appellants have failed to demonstrate at this stage that the ban is unconstitutional in all its applications.”
Katzmann referenced last year’s similar decision in Ocean State Tactical v. Rhode Island concerning ammunition magazines.
In that ruling, Judge William Kayatta wrote that “the justification for the law is a public safety concern comparable to the concerns justifying the historical regulation of gunpowder storage and weapons like sawed-off shotguns, Bowie knives, M-16s and the like.”
That determination, according to the panel, directly led to the most recent infringement on Second Amendment rights.
Massachusetts is one of 10 states, along with the District of Columbia, that currently ban popular sporting rifles.
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