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Fourth Circuit Sets the Stage for a New National Gun Ban
americanthinker.com ^ | 2/27/2017 | Jonathan F. Keiler

Posted on 02/27/2017 7:18:02 AM PST by rktman

The 4th Circuit's decision in Kolbe et al v. Maryland was a direct, if often legally incomprehensible attempt to greatly limit the Supreme Court's seminal decision in Heller and set the stage for a new national ban on semi-automatic rifles. Heller held that the 2nd Amendment confers an individual not a collective right to keep and bear arms. Kolbe, so long as it stands, says this individual right does not extend to any firearm with military utility, which is arguably pretty much every gun ever made.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Philosophy; US: Maryland
KEYWORDS: 2a; 4thcircut; banglist; guncontrol; kolbe
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Well heck yeah, that meets constitutional muster. NOT! These assclowns have less comprehension skills than a pre-schooler. Appointees? We certainly need Gorsuch confirmed ASAP. Guard them hunting rifles.
1 posted on 02/27/2017 7:18:02 AM PST by rktman
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To: rktman

Seems like it sets the stage for a test case that, post-Gorsuch, will put an end to this crap for once and for all.


2 posted on 02/27/2017 7:25:06 AM PST by bigbob (We have better coverage than Verizon - Can You Hear Us Now?)
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To: rktman

And this is what absolutely degrades our republic. Corrupt judges who make decisions, not based on honesty and fairness, but on their own personal political agenda.

Judges, including for Supreme Court, are really never selected based upon fairness, or adherence to the Constitution, but based upon political reliability. As we all know, when the Left loses as they have at the ballot box, the judiciary is always their ace in the hole. They can always count on corrupt judges to rule based upon political tenants, not upon honesty, fairness and the Constitution.

These judges are thoroughly corrupt.


3 posted on 02/27/2017 7:26:33 AM PST by Obadiah (Democrats continue their crusade against normal.)
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To: bigbob

What you said


4 posted on 02/27/2017 7:26:42 AM PST by cyclotic (Republicans Are without excuse. Flood the Resolute Desk with sane legislation.)
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To: rktman

Then the founders were all criminals under that definition, as the flintlock guns they used were “military-grade.”

Stands to reason that civilian police should be armed only with batons and pepper spray.

Oh yeah: Deadbolts on your house are anti-social and unfair to the homeless and underprivileged. Your money is not yours, either.

Sadly, this is progressive logic and, most pointedly, is evidence how close we are to the precipice: As I’ve summed up prior, this was no landslide election.

It was much too close for comfort. We not only almost lost the country, the writing is on the wall that this insanity is on our horizon as national policy.


5 posted on 02/27/2017 7:28:18 AM PST by logi_cal869 (-cynicus-)
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To: rktman

We are only one 4-5 decision away from tyranny in this country. Sadly with a Trump win, many patriots have gone back to sleep thinking that our black-robed “kings” wouldn’t try to implement by fiat.

If SCOTUS doesn’t take the case, and rule the 4th is a bunch of idiots, does that mean that the 4th’s decision stands?


6 posted on 02/27/2017 7:29:34 AM PST by rarestia (Repeal the 17th Amendment and ratify Article the First to give the power back to the people!)
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To: rktman

Leftist illiteracy.. shall not be infringed is simple. O wait that’s only their precious first amendment, right.


7 posted on 02/27/2017 7:31:45 AM PST by momincombatboots (Line up dems, Donald is going to save your district with a trillion nonexistent stimulus dollars.)
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To: bigbob
If I was Trump Administration, I would inquire as to how any lower court decision can overturn a previously decided Supreme Court decision? Then I would declare it void, unenforceable and be done with it. Then let the liberal feathers fly. Ending such judicial anti-Constitutional tyranny should be a prime goal of this administration and GOP Congress. (GOPe cowards step aside or leave!!!


8 posted on 02/27/2017 7:32:39 AM PST by FiddlePig (Who needs Truth & facts when you have narrative?)
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To: rktman
This case was argued early last year, and while the decision was just released, I bet it was being written BEFORE November 8, 2016. Therefore, I believe that this decision was INTENDED to support "President H. R. Clinton" in imposing an absolute gun ban, which would have been upheld by her Supreme Court appointee.

But November 8, 2016 didn't go the way it was "supposed to".

9 posted on 02/27/2017 7:33:16 AM PST by NorthMountain (CNN is VERY Fake News)
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To: Obadiah

And that it how the left wins.

They keep pounding away at the laws that they don’t like and halt the implementation of the laws that they don’t like. Eventually, they will win.

Too bad there isn’t a way to stay a stay. Even though a final decision hasn’t been made on a law or EO, they still win because the law (or Trump’s immigration EO) is put on hold for a long time or maybe even indefinitely.


10 posted on 02/27/2017 7:33:57 AM PST by dhs12345
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To: logi_cal869

Good way to cause libs to hesitate, if only for a fleeting second, is to ask them if they leave their domiciles unlocked 24/7/365 or do they leave their cars unlocked with the keys in the igniton 24/7/365. You don’t do either of these? Why not? How many refugees are you taking in to your home? None? Why not. Does the Bill of Rights grant of guarantee? You’re not sure? Why not?


11 posted on 02/27/2017 7:34:23 AM PST by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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To: All

“Seems like it sets the stage for a test case that, post-Gorsuch, will put an end to this crap for once and for all.”

I am not so confident. Heller was 5-4 with Scalia. Kennedy is hardly a lock.I think if Kennedy can water down the 2nd by limiting it this way he might. Gorsuch may be a Trojan Horse, just look at his “Church” and some of his personal notes. Heller should have settled this but the left never quits they just look for a new opening. The 4th ruling is ridiculous but many if not most judges hate the 2nd.


12 posted on 02/27/2017 7:37:23 AM PST by gibsonguy
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To: rktman

I feel sorry for all those boating accidents where firearms were lost forever. Truly sad.


13 posted on 02/27/2017 7:44:37 AM PST by SkyDancer (Ambition Without Talent Is Sad, Talent Without Ambition Is Worse)
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To: Obadiah

#FakeJudges


14 posted on 02/27/2017 7:56:40 AM PST by kiryandil (Will Hillary's BrownShirt Media thugs demand that The Deplorables all wear six-pointed Orange Stars?)
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To: rktman

I think any judge who writes an opinion on the 2nd Amendment needs to have the personal courage to stand up for his/her beliefs. Come to my house, armed only with your opinion, and lets have a chat.


15 posted on 02/27/2017 7:57:01 AM PST by jimbug
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To: Obadiah
Judges, including for Supreme Court, are really never selected based upon fairness, or adherence to the Constitution, but based upon political reliability. As we all know, when the Left loses as they have at the ballot box, the judiciary is always their ace in the hole. They can always count on corrupt judges to rule based upon political tenants, not upon honesty, fairness and the Constitution.

That's why the Left is committing sedition over the Trump presidency.

They were a single whisker away from 5 of their footsoldiers in the Supreme Court being able to tell everyone in the country what to do, FOREVER.

16 posted on 02/27/2017 7:58:29 AM PST by kiryandil (Will Hillary's BrownShirt Media thugs demand that The Deplorables all wear six-pointed Orange Stars?)
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To: rktman

Disband the 4th Circus. Re-establish with all originalist judges. Congress and POTUS have the power to do so. Then repeat with the 9th.


17 posted on 02/27/2017 7:59:46 AM PST by vikingd00d (chown -R us ~u/base/*)
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To: vikingd00d

“So, judge:I should load up my C&R Milsurp weapons from WW I I and turn ‘me in? Let me think about that.
No..

TC


18 posted on 02/27/2017 8:06:25 AM PST by Pentagon Leatherneck
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To: NorthMountain

Excellent insight! You’re absolutely right, THIS would’ve been THE deciding case to use as their excuse. No wonder they’re so filled with hatred. This was THE major setback to all their plans, but it really is only a delay, because if they can manage to instal another dictator on us, they’ll most certainly try something like this again.


19 posted on 02/27/2017 8:09:37 AM PST by Carthego delenda est
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To: rarestia

I believe that if there is a 4 to 4 tie in the SCOTUS, the lower court ruling stands. I could be wrong. Mrs. rktman reminds me of that on occasion.


20 posted on 02/27/2017 8:18:26 AM PST by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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