Judge Andrew Napolitano, Fox News host and former New Jersey Supreme Court judge, says the Massachusetts law will be found unconstitutional.
“We are talking about two groups of people, citizens versus legal non-citizens. The government has to treat them the same in the home with respect to self defense.”
Napolitano refers to two U.S. Supreme Court decisions, the Heller Case and McDonald Case, which both interpreted the right to defend yourself with a gun as a fundamental right.
“In both cases the Supreme Court ruled that the right to keep and bear arms is a fundamental right, a natural human right that doesn’t come from our government it comes from our humanity, when the supreme court says something is a fundamental right it is not distinguishing between citizens and non citizens.”
The judge also points out that Massachusetts cannot limit legal non- citizens to “low capacity rifles or shotguns.”
“They can make a distinction outside the home but they cannot make a distinction inside the home,” Napolitano said. “ A rifle is far more difficult to use then a handgun. The government cannot say to one class of persons you can use anything you want to protect yourself and another class of persons you can’t.”
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