California Federal court says no difference between M-16s and AR-15s

CRC

Old Mossy Horns

A federal judge has upheld California’s ban on owning, manufacturing or selling semiautomatic rifles and the “bullet buttons” that convert a conventional rifle into a rapid-fire weapon.

Semiautomatic rifles are “incredibly effective killing machines” that are not commonly used or necessary for self-defense, said U.S. District Judge Josephine Staton of Santa Ana. She rejected a challenge to the law by the California Rifle & Pistol Association, an arm of the National Rifle Association.

The judge cited congressional findings that semiautomatic rifles have a rate of fire, 300 to 500 rounds per minute, that makes them “virtually undistinguishable”from machine guns, and that they are the “weapons of choice” for gangs, hate groups, and “mentally deranged persons bent on mass murder.”

She said the state also presented evidence that semiautomatics fire bullets that can pass through both humans and buildings and therefore pose a greater risk of striking innocent bystanders.
 
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CRC

Old Mossy Horns

Heller, however, does plainly provide that the M-16—and weapons “like” it—can be banned as dangerous and unusual weapons. Accordingly, the proper question is: are the semiautomatic rifles at issue here “like” the military’s M-16, a historically banned dangerous and unusual weapon? If so, the semiautomatic rifles are similarly outside the scope of the Second Amendment. This test makes practical sense. It is undisputed that the M-16 is outside the scope of the Second Amendment—thus, if a weapon is essentially the same as the M-16, it is not protected by the Second Amendment merely because gun manufacturers have given it a different model number and dubbed it a “civilian rifle.” Gun manufacturers cannot determine the scope of Second Amendment protection; they cannot, for example, develop a grenade launcher, dub it a “civilian” model, and thereby bring it within the scope of the Second Amendment.

As to whether the semiautomatic rifles at issue are “like” the M-16, the Court agrees with Kolbe’s conclusion that “AR-15-type rifles are ‘like’ M16 rifles under any standard definition of that term.” 849 F.3d at 136 (citing Webster’s New International Dictionary 1431 (2d ed. 1948) (defining “like” as “[h]aving the same, or nearly the same, appearance, qualities, or characteristics; similar”)). Indeed, the Court concludes that semiautomatic rifles are virtually indistinguishable from M-16s.
 

FishHunt

Old Mossy Horns
Would any sane person expect a different opinion out of the libturd hell hole known as Commiefornia?

<>< Fish
 

Eric Revo

Old Mossy Horns
Contributor
Federal judges get stuff wrong too, especially when they speak from ignorance and don't do their due diligence before making these kind of rulings. This kind of stuff makes our judicial system look like a bad joke.
 

Downeast

Twelve Pointer
Just another example of our federal government consolidating more and more power over the people. This is a federal ruling, and has ramifications far above Commiefornia. I still believe that the greatest threat to our freedom, our liberties, and our nation is not from the Russians, or the Chinese, or ISIS, or Antifa, or any other entity, but from Washington DC and its cronies, just like this appointed Judge.
 

Longrifle

Old Mossy Horns
Contributor
Federal judges get stuff wrong too, especially when they speak from ignorance and don't do their due diligence before making these kind of rulings. This kind of stuff makes our judicial system look like a bad joke.
Even Feinstein, who should be the most informed politician on the planet from decades of trying to ban/confiscate weapons, couldn't physically identify the actual parts she wanted to ban.....
And don't forget the "ghost gun" idiot politician who claimed the AR could fire 30 rounds per second...
 

stiab

Twelve Pointer
Contributor
Federal judges get stuff wrong too, especially when they speak from ignorance and don't do their due diligence before making these kind of rulings. This kind of stuff makes our judicial system look like a bad joke.
This could be cut and pasted anywhere in the Red Wolf thread and it would fit right in.
 
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