Her Campus Logo Her Campus Logo
Culture > News

Say What? Assault Weapons Not Protected by Second Amendment?

This article is written by a student writer from the Her Campus at Utica chapter.

So a majority of United States citizens understand that the Second Amendment protects the right to bear arms. In the constitution it states, “a well regulated Militia, being necessary to the security of a free State, the right of a people to keep and bear Arms, shall not be infringed.” In fact, there is a widely known nonprofit organization that dedicates its mission to the protection of gun rights. However, present day America faces serious challenges with internal terrorist threats that appear to be brought on by the extended protection of our gun rights.

Internal terrorist threats have risen and the numbers keep multiplying. Where are they happening in large numbers? Schools. School shootings in the United States have been on the rise since one of the last widely known school shootings that happened in the United States, Sandy Hook. However, this was not the first time that a school shooting appeared in the United States.  School shootings date back to the 1950s as one CNN report shows. Yet, this might not even be the full story and the data might even stretch further than the ’50s.

In response to more recent shootings, such as the shooting that occurred in Parkland, Florida, student activists took the stage to demand policy change. Emma Gonzalez, the prominent face of the March for Our Lives movement in the United States, took the stage in Fourt Lauderdale, Florida and “called BS on the politicians who said no law could have prevented the massacre.” The March for Our Lives movement spurred a series of satellite movements across the country, where young students took the stage to stand up and call for gun reform in the United States.

Their voices are being heard and states are responding to the larger call of students. States like Massachusetts and Maryland have introduced legislation banning assault weapons in their states and Federal courts are upholding their bans. Maryland’s legislation banned 45 kinds of assault weapons and imposed a 10-round limit on gun magazines. and the decision was upheld by a Federal Appeals court.  “In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the guns banned under Maryland’s law aren’t protected by the Second Amendment.” In Massachusetts, “a federal district court judge in Boston has upheld the state’s ban on assault weapons-AR-15 semi-automatic rifles and large-capacity magazines-finding that the issue is not a constitutional matter but one for each state to determine on its own politically.” 

Interestingly enough the legal battle for the banning of assault weapons for both states goes back to legal decisions made after past shootings occurred.  The bans have recently gained more attention because of the activism that occurred after the shooting in Parkland. The Massachusetts legal decision dates back to the shooting that occurred in June 2016 at the Pulse Nightclub. Whereas Maryland passed it’s gun control legislation in response to the Sandy Hooke elementary school massacre.

It is important to take note of these legal decisions because these state actions could have larger legislation potential. Whether these cases get to the Supreme Court will be something to watch out for as states continue to introduce legislation across the country.

 

Hermina Garic is a triple major at Utica College studying Sociology/Anthropology, Political Science, and International Studies. Her main interests are public policy, international relations, and economic development.  
Meet Bianca, I am currently a Junior at Utica College in Utica, NY.  I am a Criminal Justice major with a concentration in Homeland Security.  Crime investigation has always been something that interests me.  I’m dedicated and passionate and it’s hard for me to quit things. I get that from my father so don’t hold it against me- he was a veteran and police officer for 20 years.   Growing up in a family centered around law enforcement has helped guide me in this direction, and I will forever be grateful.  After graduation I intend to continue on to law school where I can further my education in hopes of becoming a criminal defense lawyer and later on a District Attorney.  An interesting fact about myself is that I found the passion to be a criminal defense lawyer from watching the O.J. Simpson case.  The facts and conspiracy theories evoked a whole new passion behind criminal investigation that I intend to use in my future.  One of my most prominent moments in my writing career was when I wrote for an online magazine and had my most prevalent article hit 1.6k shares.  I believe in treating people with the same kind of respect and manners you would expect in return, and in a way it has helped shaped my expectations in life.   When you first meet me I won’t be the loudest in the room or the center of attention, but I will be intently listening to everything you say, for what you have to say may have a purpose. I believe in purpose. I believe that everyone is here to help you grow into who you are today and who you will be tomorrow.