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View Full Version : Was 1994 AWB Ever Challenged in Court ?


diamond digger
12-16-2012, 2:46 PM
Hello, I would like to get some information on the legal and constitutional issues surrounding the 1994 Assault Weapons Ban.

First of, was the federal ban ever challenged in court and if so by whom and what was the outcome ? Obviously I know the ban held until 2004 but was any portion every struck down or were there any lower court rulings against it ?

Secondly, if for the sake of argument the same bill passed today, would a court challenge be any more successful due to Heller and McDonald ?

sholling
12-16-2012, 3:03 PM
I'm not a lawyer but if I recall correctly back in those days the 2nd Amendment had pretty much been ignored since ratification and the Supreme Court had never given it teeth by ruling that the right of the people to keep and bear arms meant the people not the government. As for state bans the 14th Amendment was passed and ratified in an attempt to block the southern states' efforts to disarm freed slaves to keep them easy prey for the KKK but the Supreme Court of the time pretty much ripped that section (the Privileges Or Immunities Clause) of the 14th Amendment out and flushed it leaving freed slaves helpless.

At the time of the ban many courts of appeals took the Progressive position that there was no individual right - only a right of the states to arm police and the national guard and even if there was a right it didn't apply to the states.

bwiese
12-16-2012, 3:11 PM
No.
There really wasn't a basis to do so, as there was no court holding saying the 2A was an individual right tnoen.

We now have Heller and McDonald, so it's a different world.

hermosabeach
12-16-2012, 3:19 PM
I am not sure how many Executive Orders are challened and beaten...

voiceofreason
12-16-2012, 3:19 PM
Bill,

any guesses on what would happen if they did manage to pass a new AWB?

Left Coast Conservative
12-16-2012, 3:26 PM
Bill,

any guesses on what would happen if they did manage to pass a new AWB?

Not to speak for Bill, but I would imagine that the answer would depend on the detailed contents of the bill that is passed. IMHO a lawsuit seeking to overturn a new AWB would be very likely, provided one was passed before RIchards has finished its journey through the court system.

Given that there are cases pending, is it possible that a new AWB will not be attempted until those cases are resolved?

Librarian
12-16-2012, 3:29 PM
Thread drift - see http://www.calguns.net/calgunforum/showthread.php?t=641207