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People Have A 'Fundamental Right' To Own Assault Weapons, Court Rules
Huff Post ^ | 02/04/2016 | Cristian Farias

Posted on 02/06/2016 8:32:39 AM PST by Wildbill22

In a major victory for gun rights advocates, a federal appeals court on Thursday sided with a broad coalition of gun owners, businesses and organizations that challenged the constitutionality of a Maryland ban on assault weapons and other laws aimed at curbing gun violence.

A three-judge panel of the U.S. Court of Appeals for the 4th Circuit said the state's prohibition on what the court called "the vast majority of semi-automatic rifles commonly kept by several million American citizens" amounted to a violation of their rights under the Constitution.

"In our view, Maryland law implicates the core protection of the Second Amendment -- the right of law-abiding responsible citizens to use arms in defense of hearth and home," Chief Judge William Traxler wrote in the divided ruling.

Provisions that outlaw these firearms, Traxler wrote, "substantially burden this fundamental right."

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


TOPICS: Breaking News; Government; News/Current Events; Politics/Elections
KEYWORDS: 2ndamendment; banglist; federalcourt; guncontrol; guns; lawsuit; ruling; secondamendment
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How do people eat a steak without stabbing themselves with an assault knife?

Rant off


21 posted on 02/06/2016 9:11:03 AM PST by mylife
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To: Carry_Okie

“But the term “well regulated militia” means that this is not an unorganized rabble; it means they get “regular” practice, drill”

You mean National Guard, it seems.

Regulated and regulating us a term that us unclear. It was used differently back then.


22 posted on 02/06/2016 9:11:17 AM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: MarMema

Hats off to the 4th circuit, once again!


23 posted on 02/06/2016 9:12:01 AM PST by PrairieLady2
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To: mylife

Exactly. “Assault weapon” is an entirely arbitrary category. I’ve read the 2nd Amendment a number of times. I don’t remember there being any qualifiers in there.


24 posted on 02/06/2016 9:13:17 AM PST by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: ifinnegan

when the founders said well regulated I think the meant clear thinking, not vigilantes

Bottom line is that you cant regulate this stuff away


25 posted on 02/06/2016 9:14:42 AM PST by mylife
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To: Wildbill22
Many years before the Heller case, the U.S. vs. Miller decision used the test of "applicability as a militia firearm" to decide that a sawed-off shotgun was illegal. Today, it's tough to imagine an NFA-legal version of an M4 Carbine (for example) being non-applicable for militia use.

But then, that's simple logic - something that the court often avoids at all costs.

26 posted on 02/06/2016 9:15:04 AM PST by Charles Martel (Endeavor to persevere...)
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To: ThunderSleeps

They made the term up.

As someone said upthread what about assault cars?

Well that’s just stupid, so why do we allow the term assault gun?


27 posted on 02/06/2016 9:17:05 AM PST by mylife
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To: Wildbill22

Good!

On all accounts.


28 posted on 02/06/2016 9:18:05 AM PST by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith...)
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To: Wildbill22

29 posted on 02/06/2016 9:19:05 AM PST by SoFloFreeper (I am undecided between Carson, Cruz, Rubio & Trump...)
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To: mylife

Politically correct description of a defensive firearm...in defense of LIBERTY.


30 posted on 02/06/2016 9:19:14 AM PST by Shady (We are at war again......this time for our lives...)
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To: mylife

Or it meant well armed.

There is no reason rocket launchers and anti aircraft weapons should not be in the hands of citizens if the 2nd Amendment is for defense of the citizenry when the Army needs help or can’t do it.

I would submit it is not unconstitutional to ban hunting, but is to disallow private ownership of anti-aircraft weapons.


31 posted on 02/06/2016 9:21:51 AM PST by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: Charles Martel

I have a shotgun that runs 20 rounds lickety split.

Why?

Because maybe I need 20 ducks now or maybe because I can.

Why does a man need a 600 HP car if the speed limit is 55?

Why would he need 7 such cars?

The wider answer is because this is America and we reserve the right to freedom


32 posted on 02/06/2016 9:22:20 AM PST by mylife
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To: ifinnegan

Amen


33 posted on 02/06/2016 9:23:00 AM PST by mylife
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To: ifinnegan
You mean National Guard, it seems.

Well "it seems" is incorrect. I was referring to the original language and the meaning of each term used in the 2A in its historic context. Yes, individuals owned ships with cannon in those days. I do understand what a letter of marque was and what it implied, and have in fact advocated its use for purging illegals and Muslim terrorists.

At that time "regulated" meant to make frequent, common, and usual, literally something for government to facilitate not hinder. The NG is among the models of that idea in terms of being regulated, but by no means did it mean that the NG was meant to be exclusive of other private ownership of arms.

So your original implications were correct historically with the omission that the Founders really did mean for the States to maintain organized militias, but they are problematic when applied today with the amount of technical integration and capital costs necessary to mount a national defense. A private person could buy a B-1B, but I seriously doubt anybody could afford the development costs. It's just reality. So I do think we need to revisit the concept of a national defense, but I don't trust the current crop of "legislators" to do it.

Sucks, doesn't it?

34 posted on 02/06/2016 9:23:30 AM PST by Carry_Okie (The tree of liberty needs a rope.)
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To: ifinnegan

From what I understand; it means well armed and preferably well trained.

Basically it is our duty as Americans to be well armed and trained in the use of those arms in case we are needed to defend our country.


35 posted on 02/06/2016 9:23:48 AM PST by Boomer (Liberal Propaganda is like visual/audio Meth. It ruins the mind and rots the teeth.)
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To: ifinnegan

Or be it a sword, a knife or bow. Arms and the 2nd apply to all weapons.


36 posted on 02/06/2016 9:25:13 AM PST by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Wildbill22

Assault Weapons
Wet water
Automobile Cars
Highway roads
Female woman
Male man
Bovine cows
Equine horses


37 posted on 02/06/2016 9:27:11 AM PST by EternalVigilance
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To: mylife
WTF is an assault weapon?


38 posted on 02/06/2016 9:27:53 AM PST by Fightin Whitey
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To: Wildbill22

Game Changer, coming up.


39 posted on 02/06/2016 9:32:09 AM PST by RC one ("...all persons born in the allegiance of the United States are natural-born citizens" US v. WKA)
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To: Boomer

I once read an essay from an historian that said we really have distorted the meaning of the words in the 2nd Amendment.

*A well regulated militia* really means that the people must always be able to regulate and contain the militia. Having the people possess the identical firepower of the militia was a sure way to suppress (and outnumber) the militia in the event of a military take-over.


40 posted on 02/06/2016 9:33:01 AM PST by Andy from Chapel Hill
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