Rhode Island May Have Found a Backdoor to Ban Your Guns

Rhode Island, a state that has largely been spared from high-profile gun violence, has passed a unique form of an 'assault weapons' ban. It does not prevent the possession of an 'assault weapon' but the sale, manufacturing, and distribution of them. It is currently the only state 'assault weapons' ban that has not been challenged in the courts, which is offering a promising path for other states to restrict 2nd Amendment rights further, according to the Associated Press. 

The ban, which goes into effect in 2026, defines an 'assault weapon'  as any semi-automatic rifle with characteristics like a detachable magazine, a pistol grip, or a fixed magazine capacity exceeding 10 rounds. The law also affects shotguns, specifically semi-automatic shotguns with a detachable magazine or a fixed magazine capacity exceeding 10 rounds.

Rhode Island's law is sure to face upcoming legal battles. 

Still, it presents a unique problem for defenders of the 2nd Amendment, especially if the courts find this restriction more constitutional than an outright ban on possession. The Associated Press wrote:

Rhode Island lawmakers hope that by tailoring their assault weapons ban to sales, manufacturing and distribution, they might will [sic] bypass the thorniest legal questions raised by the Second Amendment.

Currently, the Supreme Court has not elected to hear a case that would give America a definitive ruling on the Constitutionality of an 'assault weapons' ban, although Justices like Brett Kavanaugh have hinted that they are unconstitutional. Challenges to gun control legislation are more than likely to be deemed unconstitutional, with a 6-3 conservative majority on the High Court.

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Rhode Island gun control advocates have stated that this bill is not enough and that they want further infringements on gun rights. Melissa Carden, the executive director of the Rhode Island Coalition Against Gun Violence, said, "It’s progress, but we know that a true assault weapons ban includes an enforceable ban on possession as well.”