A Boston-based federal court ruled last week that the ban on popular semi-automatic firearms could move forward.
The U.S. First Circuit Court of Appeals upheld the Massachusetts law banning so-called “assault weapons” after a lawsuit challenged the ban.
Backed by the National Association for Gun Rights, Capen v. Campbell argued that the prohibition on semi-autos violates the Second Amendment — especially after the Supreme Court’s Bruen decision in 2022. Plaintiff, Massachusetts resident Joseph Capen, and legal team acknowledged the state’s concern about mass shootings, but argued that the right to bear arms supersedes concerns over public safety.
“While mass shootings are undoubtedly tragic, they remain relatively rare,” and that “[s]urely, in a nation of 330 million people, 928 deaths in 33 years cannot serve as the basis for depriving law-abiding citizens of the right to possess arms that are owned by literally millions of their fellow citizens.”
A district court reviewed the case in December 2023, ruling that the case likely didn’t have the merits to succeed and thus denying an injunction that would prevent the ban.
Recently, the three-judge panel of the First Circuit unanimously agreed with the lower court, upholding that decision and concluding that the case doesn’t have the merits to garner success.
“Because we conclude that Appellants are unlikely to succeed on the merits of their claims as presented, taking into account the record as was before the district court, and in light of intervening authority, we affirm the denial of the PI Motion,” the 36 page opinion said.
Sitting on the panel was Judge Gary Katzmann, an Obama-appointee of the U.S. Court of International Trade, and U.S. Circuit Judges Gustavo GelpĂ and Julie Rikelman, appointed by Biden. The First Circuit Court notoriously rules against guns, most recently agreeing to allow a lawsuit brought by Mexico against U.S. gun companies to continue.
Massachusetts Attorney General Andrea Campbell (D) applauded the court’s decision in a statement, calling it “a tremendous victory for our state.”
“Massachusetts has some of the strongest common sense gun laws in the country, and we know they are effective in ensuring our communities, especially our children, remain safe,” she added.
National Association for Gun Rights’ Executive Director Hannah Hill lashed out at the decision on X, calling parts of the decision a “real triumph of convoluted logic and shameless gaslighting.”
“Once again, we have yet another appellate ruling full of absolute defiance of Bruen. If this doesn’t convince SCOTUS to take Snope, what will?”
Though the First Circuit Court upheld the lower court decision, the case will continue the appeals process and move further in the court system.
What do you think of the court’s ruling? Do mass shootings outweigh 2A? Let us know in the comments below. For more news, check out our News category.
6 Leave a Reply
I'm going to write this one more time! There's no such thing nor item that's a or an assault weapon! Assault IS an Action of one or more people committing an action against other people. The Weapons can be anything! This lackey and other George Soros bought and paid for lackeys deserve to be eliminated from the judiciary. Abolish all Alphabet soup agencies and reform them with extreme civilian oversight. President Trump's Gittin r Dun! NCSWIC, WWG1WGA, and P.A.N.I.C. Americans First! MAGA and more!
Police in those states.... Most important items is to have on the ready.... Parade uniforms, shined brass, duty gear and shoes, and white gloves...People have had enough..
First Circuit. Not the Fifth Circuit. Two very different circuits.
That was a typo on my part. Thanks so much for catching that! Correcting it now.
When a judge consistently makes rulings that fly in the face of the constitution, that judge should be removed, as they're clearly an enemy of the United States.
A slippery slope; a few state have redefined A.W. to include all long guns, shotguns & handguns. It's a start for the progs, we know the end-goal.