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4th Circuit Rules Common Rifles not Protected by Second Amendment
ammoland ^ | 26 February, 2017 | Dean Weingarten

Posted on 03/01/2017 5:04:58 AM PST by marktwain

On 21 February, 2017, the 4th Circuit Court of Appeals ruled that common semi-automatic rifles are not protected by the Second Amendment of the Constitution. The ban includes semi-automatic rifles that can take detachable magazines and have two of these three features: folding stock, grenade/flare launcher, or flash hider.  There is a long list of existing models that are explicitly banned, including all AR15s and variants, and all AK47s and variants. The list of banned guns includes some firearms that are not semi-automatic, such as a version of the Mossberg 500 pump shotgun. The law also bans all detachable magazines that hold more than 10 rounds.

From the decision:

As explained below, we are satisfied to affirm the district court’s judgment, in large part adopting the Opinion’s cogent reasoning as to why the FSA contravenes neither the Second Amendment nor the Fourteenth. We diverge from the district court on one notable point: We conclude — contrary to the now-vacated decision of our prior panel — that the banned assault weapons and large-capacity magazines are not protected by the Second Amendment. That is, we are convinced that the banned assault weapons and large-capacity magazines are among those arms that are “like” “M-16 rifles” — “weapons that are most useful in military service” — which the Heller Court singled out as being beyond the Second Amendment’s reach. See 554 U.S. at 627 (rejecting the notion that the Second Amendment safeguards “M-16 rifles and the like”). Put simply, we have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage.

The M-16 rifles mentioned in Heller were included in the category “Dangerous and unusual weapons.  From the Heller decision:

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 4thcircuit; banglist; rifles; secondamendment
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The 4th Circuit ignored the parts of the Heller decision it did not like, and completely ignored the Caetano decision.
1 posted on 03/01/2017 5:04:58 AM PST by marktwain
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To: marktwain

They ignored that pesky Constitution also.


2 posted on 03/01/2017 5:09:24 AM PST by Dalberg-Acton
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To: marktwain

“And here we see the majestic progressive jurist: the only animal capable of not only sticking its head completely up its *** but also force others to act as if the Founders, Framers, it’s non-progressive, or just less looney if still progressive, forebears likewise had their heads shoved firmly up their own ***es too.


3 posted on 03/01/2017 5:11:28 AM PST by Rurudyne (Standup Philosopher)
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To: Dalberg-Acton

SOP for the lawless.


4 posted on 03/01/2017 5:12:27 AM PST by Rurudyne (Standup Philosopher)
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To: marktwain

Just wait unti they rule that since revolvers discharge a single projectile with each pull of the trigger, they are essentially semi-automatic weapons.


5 posted on 03/01/2017 5:13:16 AM PST by Sgt_Schultze (If a border fence isn't effective, why is there a border fence around the White House?)
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To: marktwain

When do the hearings start for our new Supreme court pick? We need him on the bench yesterday.


6 posted on 03/01/2017 5:13:45 AM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: marktwain

7 posted on 03/01/2017 5:14:07 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: marktwain
This is the kind of firearm judicial tyrants should fear, not semi-auto carbines in intermediate calibers.

The basic design is a century and a half old.


8 posted on 03/01/2017 5:16:33 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: marktwain

If I’m ever at a night club, work party, or concert, and terrorists burst in with rifles, the first thing I’m going to check for is whether their rifles have a folding stock, grenade/flare launcher, or flash hider. If they don’t have even one of those features, I’m not going to worry. The 4th Circuit has assured us that those features are what make rifles dangerous.


9 posted on 03/01/2017 5:16:47 AM PST by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: marktwain
4th Circuit Rules Common Rifles not Protected by Second Amendment

We'll see about that.

10 posted on 03/01/2017 5:22:13 AM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: marktwain

Well, folks in the Fourth... you have made your ruling. Now go enforce it.

I’ll be waiting.


11 posted on 03/01/2017 5:25:48 AM PST by Lazamataz (The "news" networks and papers are bitter, dangerous enemies of the American people.)
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To: marktwain

Well, folks in the Fourth... you have made your ruling. Now go enforce it.

I’ll be waiting.


12 posted on 03/01/2017 5:25:50 AM PST by Lazamataz (The "news" networks and papers are bitter, dangerous enemies of the American people.)
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To: Travis McGee

Excellent point.


13 posted on 03/01/2017 5:27:02 AM PST by Lazamataz (The "news" networks and papers are bitter, dangerous enemies of the American people.)
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To: marktwain

Like the saying goes,
Come and take it.

Ass holes


14 posted on 03/01/2017 5:28:58 AM PST by Joe Boucher (President Trump makes obammy look like the punk he is.)
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To: marktwain
The 4th Circuit ignored the parts of the Heller decision it did not like, and completely ignored the Caetano decision.

IIRC the Caetano decision to which you refer was one in which the Supreme Court of my beloved home state (Massachusetts) was bitch-slapped by SCOTUS for having completely ignored their clear ruling in Heller and that other big decision (can't recall its name).

No court,not even the 9th Circus,deserves to be bitch-slapped more than the Massachusetts Supreme Judicial Court.

15 posted on 03/01/2017 5:31:24 AM PST by Gay State Conservative (Deplorables' Lives Matter)
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To: marktwain

4th circus/kangaroo courts/America’s anti-Constitutionalist robes mullahs ALERT!


16 posted on 03/01/2017 5:32:16 AM PST by PGalt (HOORAY President Donald J. Trump)
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To: Dalberg-Acton

The Constitution’s a dead letter.


17 posted on 03/01/2017 5:48:33 AM PST by Wolfie
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To: marktwain

18 posted on 03/01/2017 6:00:27 AM PST by shooter223 (the government should fear the citizens......not the other way around)
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To: Travis McGee

NY and Connecticut come to mind.


19 posted on 03/01/2017 6:33:21 AM PST by Big Red Badger (UNSCANABLE in an IDIOCRACY!)
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To: marktwain

Rule as you wish, but I am pre common core. I can read. The second amendment was put in place to reign in those who would be rulers.


20 posted on 03/01/2017 6:38:39 AM PST by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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