« Obama to Deliver State of the Union on February 12 | Main | Will White House Push for Assault Weapons Ban? »

Perry: Cuomo’s Gun Ban Would Be Unconstitutional

Justin Sullivan/Getty Images(HOUSTON) -- Texas Gov. Rick Perry believes that New York Gov. Andrew Cuomo’s effort to ban assault weapons would be deemed unconstitutional by the Supreme Court.

“I believe in the Constitution. I don’t think you limit free speech nor do you limit the Second Amendment,” Perry told ABC affiliate KTRK’s Ted Oberg on Thursday. ”I think the Constitution is clear. Here we have the amendments to the Constitution and we have the Bill of Rights.  The Tenth Amendment says anything that’s not enumerated and not clearly laid out in the Constitution is reserved for the states and for the people.  For me, just because I don’t like something doesn’t mean I will change the U.S. Constitution.”

“I would suggest to you they can try, but there will be a lawsuit that goes forward to the U.S. Supreme Court that finds those kinds of things unconstitutional,” Perry added.

Perry was referring to Cuomo’s intention to pursue “the toughest assault weapon ban in the nation.”

Delaware Attorney General Beau Biden, whose father Vice President Joe Biden is leading the White House task force on curbing gun violence, suggested Friday that Delaware might soon become the second state to announce a plan to seek a statewide assault weapons ban as early as next week.

“I know what we’re doing here in the state of Delaware. The governor and I are going to lead an effort starting early next week…an assault weapons ban for the state of Delaware, a high capacity ban, also universal background checks and a couple of other things that we’ll be announcing with the governor on Monday,” Beau Biden said on MSNBC Friday.

Copyright 2013 ABC News Radio

ABC News Radio