The California Court of Appeal has ruled that the state’s Assault Weapons Control Act (AWCA) does not violate the 2nd Amendment. They find that a semiautomatic AK-47 clone is “dangerous and unusual” under the Heller dicta, and that its possession in the home is not protected.
By their logic, since the Supreme Court said the right to keep and bear arms is “not absolute,” rational basis is the appropriate level of scrutiny for the AWCA. This contradicts several other lower court decisions in which intermediate scrutiny was found to be a more appropriate standard of review.
It also runs counter to Justice Alito’s finding in McDonald that the 2nd Amendment protects a fundamental right. Traditionally, regulations on rights deemed fundamental are subject to strict judicial scrutiny. No lower court has seen fit to apply that standard yet.
This ruling comes from a state court, rather than federal, so the implications are minimal outside of California. That said, it may be a good one to appeal to the 9th Circuit.