California Court Upholds That 2nd Amendment Doesn’t Protect Semi-Autos like AK’s

by Austin Petersen

What part of “shall not be infringed” don’t they understand?

The California Court of Appeal held that the Second Amendment does not apply to semi-automatic rifles such as the “AK” platform.

The case held that a defendant’s conviction under the Assault Weapons Control Act for possession in his home of an AK series rifle did not violate his right to bear arms.  William Zondorak had been charged with violating Penal Code §12280, which criminalized owning the rifles.

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Zondorak waived a jury trial. He claimed that he owned the weapon for purposes of self-defense. The trial court found Zondorak guilty as charged of possession of an assault weapon in violation of former Penal Code §12280(b) of the Assault Weapons Control Act (AWCA). Zondorak  was sentenced to two days’ time served.

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The defendant appealed that decision under D.C. v. Heller, which affirmed the individual right to bear arms. But the Court of Appeal held that his conviction did not violate the Second Amendment, due to the fact that the Heller decision specifically claimed that M-16 type weapons were excluded, thus the AK models may be as well.

The court decision has been cited below.

PEOPLE v. ZONDORAK, California 4th District decision on Second Amendment, “Assault Weapons” – 10/…

Austin Petersen is a homegrown Missourian with a lifelong passion for liberty. He grew up on a horse farm in Peculiar, Missouri and went on to attend Missouri State University, graduating with a degree in the Fine Arts. After developing a career in media in both New York City and Washington, D.C., he returned to Kansas City, MO, the city he now calls home. In 2016, Petersen appeared on the national stage as a candidate for president of the United States. He took second place in the crowded Libertarian primary behind Governor Gary Johnson and ahead of cyber security maverick John McAfee. During his campaign, Petersen earned many high-profile conservative endorsements, including Mary Matalin, Erick Erickson and Leon Wolf of RedState.com. Petersen also brings decades of professional experience in a wide variety of fields, from content production and media to business and political activism. He is the owner and chief executive of Stonegait LLC, a consulting firm specializing in photo and video services. He was also the director of production at FreedomWorks and an associate producer for Judge Andrew Napolitano’s show “Freedom Watch” on the Fox Business Network. Additionally, Petersen has a national following as a commentator and professional pundit. He is the founder of The Libertarian Republic, a powerful online news source for the public that receives an average of 1 million unique visits monthly and whose podcast, The Freedom Report, receives an average of one million monthly downloads. He is also a frequent contributor on television, appearing on Fox News, Fox Business, CNN, MSNBC and on dozens of local radio shows.

6 comments

Hayekguy October 23, 2013 at 10:35 pm

Even Gov. Jerry “Moonbeam” Brown has some commonsense. Vetoed a bill passed by the legislature that would’ve outlawed semi-automatics practically. Noted in his veto message that California already has some of the most restrictive gun laws in the country.

Hayekguy October 23, 2013 at 10:37 pm

Thank you for finally converting the comment to Disqus!

Hayekguy October 23, 2013 at 10:37 pm

Comments section I meant.

Chris Coleman October 23, 2013 at 11:40 pm

Just move to a free state, you can walk the streets with an AK strapped to your back in MO.

JerryDDay October 24, 2013 at 3:30 am

Let Obama become California’s Gov He’d fit in well out there with all the other Marxists

Katie Sterling October 25, 2013 at 9:47 am

Apparently, it’s OK for LEO’s to shoot 13 year olds carrying AK pellet guns.

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