Calif Assault Weapon Ban Survives Constitutional Attack

A Second Amendment attack on California’s assault weapons ban failed in a state appeals court in San Diego Monday.  William Zondorak was convicted of violating the state’s ban on possession of assault weapons based on his ownership of an AK series rifle.

Zondorak argued that banning his possession of the weapon violated his right to keep and bear arms under the Second Amendment.  But the appeals panel disagreed.

“We conclude the ban on specified semi-automatic assault weapons under the Assault Weapons Control Act does not transgress the Second Amendment and affirm Zondorak’s conviction,” the Fourth District Court of Appeal stated.

He was sentenced to two days in jail, which he has already served.

Although the U.S. Supreme Court’s decision in a 2008 case, known as Heller, the high court said the Second Amendment allows individuals to keep and bear arms.  It struck down a ban on handguns in the home.

The appeals court said the Heller decision created a framework for evaluating the scope of rights under the Second Amendment and it pointed out the right is not unlimited.

The rights under Heller are not to keep and car any weapon whatsoever in any manner whatsoever and for any purpose.

Even though some semi-automatic weapons escaped the California ban, that does not invalidate the ban, wrote Justice Alex McDonald.

Case:  People v. Zondorak, No. D062900

 

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