Blake, who was appointed by PresidentÂ Bill Clinton, wrote that she was not convinced that assault rifles such as the AR-15 are used regularly for self-defense. She wrote that they seemed to be “military style weapons designed for offensive use.”
Blake did not rule on whether the weapons or magazines are protected by the Second Amendment. But even if they are, she wrote, the bans are a legitimate way for the state to enhance public safety.
The law “seeks to address a serious risk of harm to law enforcement officers and the public from the greater power to injure and kill presented by assault weapons and large capacity magazines,” she wrote.
Of course, we’ve seen Bush appointees rule this way too, so this isn’t meant to single out Clinton appointees. I should again emphasize how much judges are culturally skittish of gun rights. Gun rights are a movement of ordinary people. Elites have never liked the peasantry to be will armed. Nontheless, we usually lose in district court. Some of our best victories have been disasters in federal district court. So we will appeal, and press on.