Introduction to the Assault Weapons Ban
The proposal for a new assault weapons ban in the United States faces significant legal and political hurdles. This article examines the factors making it unlikely for such a ban to pass in the current legal climate, particularly post-Bruen.
Current Legal Climate
The recent ruling in Kansas v. Morgan, along with ongoing challenges to firearm regulations, have set a precedent that makes significant legislative changes to gun control highly unlikely. This ruling, which affirmed the Second Amendment right to bear arms, signals a strong legal barrier to any ban on assault weapons.
The 1994 Assault Weapons Ban and Its Limitations
The only time a federal assault weapon ban was successfully passed was in 1994, but it was due to a sunset clause that allowed it to expire after 10 years. This temporary ban was not enough to establish a permanent legal framework for banning such weapons.
The Term "Assault Weapon" and Its Relevance
It is important to recognize that the term "assault weapon" is a misnomer created by the political left to evoke an emotional reaction, rather than a factual descriptor. An assault weapon is defined subjectively and does not exist as a concrete category in legal or technical terms. A firearm, a rock, or any object used as a weapon does not inherent assaultiveness by itself. It is the use of an object by a person that constitutes an assault.
The Second Amendment and Its Protection
The Supreme Court has ruled that assault weapons are in common use and not considered dangerous or unusual weapons. Therefore, they cannot be banned without violating the constitutional protections afforded by the Second Amendment. Any attempt to ban specific firearms would require an amendment to the Constitution, which has proven extremely challenging to achieve in the United States.
Alternative Solutions to Gun Control
Instead of focusing on banning assault weapons, efforts could be directed toward addressing other significant issues in society, such as Marxism, government corruption, tyranny, war, and criminal activity. While such solutions may seem more abstract, they are crucial to addressing the root causes of violence and abuse of power.
The Reality of Banning Firearms
Banning assault weapons would require not only legislative action but also a constitutional amendment and the ratification of 3/4 of state governments. This is practically impossible due to the necessity of waiving numerous constitutional rights, including the First Amendment (free speech), the Second Amendment (gun rights), the Third Amendment (quartering of troops), the Fourth Amendment (unreasonable searches and seizures), the Fifth Amendment (due process and protection from self-incrimination), and the Sixth Amendment (right to a fair trial).
Given these challenges, the efforts to ban assault weapons in the United States are unlikely to succeed. Instead, alternative methods of addressing public safety and reducing violence through education, healthcare, and criminal justice reforms may prove more effective in the long term.