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CA Court of Appeals: 2A Doesn’t Apply to AK Platform Rifles
thetruthaboutguns.com ^

Posted on 10/22/2013 11:33:12 AM PDT by Red in Blue PA

California’s 4th District (Division 1) Court of Appeal just held that the Second Amendment does not apply to semi-automatic firearms like “AK” platform rifles. Click here to read the decision. “We construe Heller as standing for the proposition that the right secured by the Second Amendment is ‘not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose’ (Heller, supra, 554 U.S. at p. 626), but is instead the right to possess and carry weapons typically possessed by law-abiding citizens for lawful purposes such as hunting or self-defense . . . We agree with James that the ban on AK series rifles does not impinge on rights protected by the Second Amendment because assault weapons ‘are at least as dangerous and unusual as the short-barreled shotgun’ (James, supra, 174 Cal.App.4th at p. 677), which Miller concluded (with apparent approval from Heller) was outside the scope of the Second Amendment’s guarantee. (James, at pp. 674-675.)”


TOPICS: News/Current Events
KEYWORDS: ak; banglist; californication; guncontrol; secondamendment
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What's next? The 2A doesn't apply to .22LR rifles?

WTF?

Clearly a blatant and Unconstitutional ruling.

1 posted on 10/22/2013 11:33:12 AM PDT by Red in Blue PA
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To: Red in Blue PA

BULLS###!


2 posted on 10/22/2013 11:34:16 AM PDT by Travis T. OJustice (I'm not a gynecologist, but I'll take a look.)
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To: Red in Blue PA

So do the laws against murder applie to people who shoot judges?

After all, you know, laws don’t just apply, you have to permit them not to apply sometimes too.


3 posted on 10/22/2013 11:35:15 AM PDT by donmeaker (The lessons of Weimar will soon be repeated.)
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To: Red in Blue PA
This will stand under the current Supreme Court.

Their Heller dec was horrible and Scalia and the others are worthless on the 2nd Amendment.

4 posted on 10/22/2013 11:37:10 AM PDT by Theoria
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To: Red in Blue PA

TYPICALLY carried?

where the HELL is that in the Constitution??

TYPICALLY????

they have no idea how utterly stunningly stupid their decision is

talk about transparently dull witted.

I THINK WE SHOULD SUE THE COURT for the PTSD this sort of announcement will cause.

Im hallucination already


5 posted on 10/22/2013 11:45:51 AM PDT by MeshugeMikey ( Un-Documented Journalist / Block Captain..Tyranny Response Team)
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To: Theoria

What the Hell?! How could an AK74 be more dangerous than a Ruger Mini-14?! The round is almost the same spec as a .223!

As for AKs, the 7.62x39 has the same ballistics as a .30-30.

What part of “the right to bear arms, shall not be infringed” do they not understand???


6 posted on 10/22/2013 11:45:58 AM PDT by InsidiousMongo
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To: Red in Blue PA

7 posted on 10/22/2013 11:48:47 AM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: InsidiousMongo

Give them time. They’ll ban a AR or similar platform as well.


8 posted on 10/22/2013 11:48:57 AM PDT by Theoria
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To: InsidiousMongo

Give them time. They’ll ban a AR or similar platform as well.


9 posted on 10/22/2013 11:48:58 AM PDT by Theoria
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To: Theoria
Molon Labe!
10 posted on 10/22/2013 11:51:40 AM PDT by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: Red in Blue PA
And some here complain when I say something about the Californication of Colorado.
California has Californicated it's self beyond all repair.
11 posted on 10/22/2013 11:56:04 AM PDT by Tupelo ( Snatching defeat from the jaws of victory. An old Republican Tradition.)
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To: Red in Blue PA; All

“What’s next? The 2A doesn’t apply to .22LR rifles?”

Ca already did that with their ban on lead based ammo, since no Mfg now makes, nor will they ever make, solid copper bullets for 22 cal rimfire.

The RAT Governor signed the ban a week or so ago. Poof no more ammo for 22 rimfire!


12 posted on 10/22/2013 12:15:46 PM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: InsidiousMongo

“What part of “the right to bear arms, shall not be infringed” do they not understand???”

The first part, the part that states “The right of the people to keep and bear arms”.

A lot of folks on our side don’t seem to understand it either; they just shout “Shall not be infringed”. But if something is not covered by the first part, the second part doesn’t apply.


13 posted on 10/22/2013 12:17:54 PM PDT by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: Red in Blue PA

I expect it will go to the SC, and prior to the point it is brought up we will have a new couple supremes selected by our comrade dear leader, as the conservative and pro 2A justices find the need to retire for undisclosed reasons.

That is if they don’t disappear.

I don’t put anything beyond these Marxists monsters we have in power.


14 posted on 10/22/2013 12:28:10 PM PDT by Wildbill22 (They have us surrounded again, the poor bastards- Gen Creighton Williams Abrams)
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To: Red in Blue PA
Maybe judges need to come from another discipline other than a lawyer.
15 posted on 10/22/2013 12:42:32 PM PDT by vetvetdoug
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To: Beagle8U

Yes, potential problems, but...

Don’t have to be solid copper, just not lead.

And this is for hunting - target shooting should be OK.

What is the definition of ‘hunting’ exactly, vs. survival activity, or self defense, or pest depredation, or Gang Banging , or etc.

None of my comments should be interpreted to mean that I agree with any part of gov brown’s agenda!!


16 posted on 10/22/2013 12:49:08 PM PDT by Scrambler Bob ( Concerning bo -- that refers to the president. If I capitalize it, I mean the dog.)
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To: Red in Blue PA
From the decision: "... which Miller concluded (with apparent approval from Heller) was outside the scope of the Second Amendment’s guarantee."

What nonsense. The Miller decision was reversed and REMANDED because the Supreme Court didn't have any information regarding the suitability of short-barreled shotguns. No further action regarding the shotgun ever took place. Liberal courts have been lying about the Miller decision for three-quarters of a century.

17 posted on 10/22/2013 1:00:38 PM PDT by William Tell
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To: Red in Blue PA
From the decision: "... but is instead the right to possess and carry weapons typically possessed by law-abiding citizens for lawful purposes such as hunting or self-defense ..."

How odd that the court would quote Miller but then exclude the one explicit use which appears in the Second Amendment and which was recognized by Miller; that is, suitable for use by a Militia.

The courts twist one way to outlaw short-barreled shotguns and exactly the opposite way to outlaw AK style rifles.

18 posted on 10/22/2013 1:08:12 PM PDT by William Tell
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To: Scrambler Bob

“Don’t have to be solid copper, just not lead.”

There is no non-lead 22 cal rimfire ammo!

Also the lead ammo can only be used for target shooting on ‘approved’ shooting ranges.

Non-lead ammo for rifles is very very limited with many calibers having none at all.

There are no non-lead slugs for smooth bore shotguns, only copper sabots that only work in rifled barrel shotguns.

I don’t think there is any non-lead buckshot either.


19 posted on 10/22/2013 1:22:30 PM PDT by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: Red in Blue PA

Infringe anyone? Pathetic!


20 posted on 10/22/2013 1:22:58 PM PDT by vpintheak (Thankful to be God blessed & chosen!)
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