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/…