Statement of Senator Dianne Feinstein
on
a decision by the 9th Circuit Upholding the Nation's Most
Sweeping Assault Weapons Ban
-
Feinstein Indicates that she will seek to Reauthorize
the
Federal Assault Weapons Ban, which will expire in 2004 -
December
6, 2002
printer version
Washington, DC - The 9th Circuit Court of Appeals yesterday issued a ruling upholding California's Assault Weapons Ban, which places strict limitations on the manufacture, possession and sale of assault weapons.
Finding for the State, the court wrote, that it "unequivocally reject[s]" the contention that the assault weapons ban violates the Second Amendment rights of the plaintiffs. The following is the text of Senator Feinstein's statement:
"Yesterday's 9th Circuit opinion on the California Assault Weapons Ban clearly states that the right to keep and bear arms was intended to protect 'well-regulated militias,' not an individual's right.
I interpret this ruling as clear confirmation that the federal government has the ability to place common-sense regulations on the use of firearms, including the ability to place limits on who can possess these weapons, and to ensure that they don't fall into the hands of criminals, juveniles, domestic violence offenders, and the mentally ill.
The decision clearly sustains the 1997 California law prohibiting the manufacture, sale, or importation of any sem-automatic weapons with the capacity of more than 10 rounds and also of semi-automatic rifles with a detachable magazine.
The California law is much more restrictive than the assault weapons law I introduced in the Senate in 1993 and was signed into law in 1995, and which remains in effect today.
This was a unanimous ruling by a three judge circuit panel. The initial federal district judge had also found in favor of the State. And I would anticipate that this decision would be appealed, possibly to the Supreme Court, and I welcome that challenge.
In my 10 years in the Senate, I have had the opportunity as a member of the Judiciary Committee to study past Supreme Court opinions going back to the Miller Decision in 1939. All these decision have clearly sustained the premise that the federal government has the right to impose common-sense regulations on firearms and that the second amendment does not prevent Congress from making such laws.
The federal Assault Weapons Ban is due for reauthorization in the 108th Congress, and I intend to submit such legislation. The Attorney General at his confirmation hearing indicated that he would support such reauthorization, as has the President.
Right now, California -- a state of 35 million people -- is far ahead the rest of the nation in moving toward prudent sane gun laws which can see that guns do not fall into the hands of those who would wantonly kill others.
Congress should follow California's lead, and approve the reauthorization of the Assault Weapons Ban in the 108th Congress.
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