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Capen v. Campbell

Court of Appeals for the First Circuit · No. 24-1061 · 134 F.4th 660

Decided

👎Unfavorable to gun rights

Affirmed denial of a preliminary injunction, leaving the Massachusetts assault weapons and magazine ban in force.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

A Massachusetts resident and the National Association for Gun Rights brought a facial Second Amendment challenge to the state's ban on selling, transferring, or possessing assault weapons and large capacity feeding devices, and appealed the denial of a preliminary injunction. The First Circuit affirmed, holding that under its earlier decision in Ocean State Tactical the plaintiffs had not shown the AR-15 restriction lacks a historical analogue and therefore could not show the Ban is unconstitutional in all its applications. The court held that circuit precedent likewise foreclosed the magazine challenge and declined to consider a narrower handgun-specific theory raised for the first time at oral argument.

Summarized from the court's opinion.

What this case is about

facial Second Amendment challenge to the Massachusetts assault weapons ban

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.