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Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules
NBC News ^

Posted on 02/22/2017 10:57:48 AM PST by nickcarraway

Maryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.

In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the guns banned under Maryland's law aren't protected by the Second Amendment.

"Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: banglist; guns; secondamendment
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To: nickcarraway

10 round limit. That’s like a limit on how many squares of toilet paper you are allowed to use.


21 posted on 02/22/2017 11:12:11 AM PST by BuffaloJack (The Democrats haven't been this aggitated since Lincoln took away their slaves.)
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To: Darteaus94025

...Is it actually possible to buy an “Assault Weapon”? A full-auto M-4, AK, etc? Really....

Yes, in many states it is. Visit a Class 3 FFL licensee, go through an extensive background check. Get approval from the local law enforcement head, pay a federal transfer fee, and bring LOTS of cash.

IIRC, there have only been 2 crimes committed with legally purchased select fire weapons since the 30’s, and both of those were committed by police officers, one with a department owned gun.


22 posted on 02/22/2017 11:12:36 AM PST by Sasparilla ( I'm Not tired of Winning)
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To: Gamecock

War is the major point of the 2nd amendment. Only a “supposed” judge could fail to see that.


23 posted on 02/22/2017 11:14:30 AM PST by xzins (Retired US Army chaplain. Those who truly support our troops pray for their victory.)
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To: Secret Agent Man

I would cheer if they were taken out by an assault baseball bat.Just to make it more painful.


24 posted on 02/22/2017 11:15:21 AM PST by Renegade
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To: nickcarraway

1. Stupidity = the inability to learn.

2. Ignorance = not having learned but having the ability to do so.

3. Just pure evil wanting to destroy the nation and it’s people.

So which one of these describes so many of our judges?

I vote for number 3.


25 posted on 02/22/2017 11:17:19 AM PST by fella ("As it was before Noah so shall it be again,")
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To: Gamecock

We DO NOT want to go down the Militia road, which would allow courts to define the Organized Militia as the national Guard, etc.

This is not really that big a decision, since the courts already have already given the Executive Branch the ability to regulate other types of weapons, such as fully automatic, over a certain caliber, etc.

The really foolish part was the judge calling a affected weapons “weapons of war.” The decision is certainly attackable on that element alone.


26 posted on 02/22/2017 11:18:06 AM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: nickcarraway

The Bow and arrow have been “Weapons of war” a lot longer than the Semi-Auto rifle.

What this just has done is open the door for the Government to declare ANYTHING a “weapon of war” and regulate or outright ban it.

How can a court Constitutionally declare any of these firearms as “Weapons of war” when that term has not been clearly defined? It’s an opinion and open to interpretation. That definition would need to come from Congress for him to rule on whether on not those firearms fall within that scope.

This judge has not only unconstitutionally ruled on the legality of the arms, he’s arbitrarily created a litmus test for the 2nd amendment that no one outside his own head can quantify.

He should be disbarred and removed from the bench.


27 posted on 02/22/2017 11:18:27 AM PST by CrappieLuck
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To: nickcarraway
Our founding fathers wanted us to be able to defend against a tyrannical government such as we will have if the democrats get their way.

This presupposes that we citizens have access to the same weapons as those govt agents will be using if, and when, they turn on us. That's common sense, something that has been lacking in our federal judiciary for some time.

28 posted on 02/22/2017 11:19:22 AM PST by LouAvul (The most High ruleth in the kingdom of men, and giveth it to whomsoever he will.)
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To: nickcarraway
"Put simply, we have no power to extend Second Amendment protections to weapons of war,"

Then why are the 'armed forces' equipped with them? The 2A makes no distinction between a militia and a standing army.

29 posted on 02/22/2017 11:19:27 AM PST by Bloody Sam Roberts (Good judgement comes from experience. And experience? Well, that comes from poor judgement.)
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To: Sasparilla

Glad you posted that. Also the Gun Trust method.

I want my old XM177E2 back


30 posted on 02/22/2017 11:19:43 AM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: nickcarraway

“Weapons of war”. What does such drivel mean? Any weapon can be a weapon of war.


31 posted on 02/22/2017 11:22:41 AM PST by lastchance (Credo.)
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To: nickcarraway

Absolute nonsense.

Someone please buy these poor bastards a copy of the U. S. Constitution.


32 posted on 02/22/2017 11:27:54 AM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: wastoute

It was TEN judges, not one. Most of them, I believe, are Obama appointees. Big surprise there.


33 posted on 02/22/2017 11:28:21 AM PST by july4thfreedomfoundation (Hey, news media.....TRUMP in 2020. Because, F--- You!)
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To: Darteaus94025

Yes, it’s possible, as long as you pay the high price, high tax, and do all the paperwork...


34 posted on 02/22/2017 11:28:55 AM PST by dinodino
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To: nickcarraway

There’s a new SCOTUS a comin...


35 posted on 02/22/2017 11:30:24 AM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: july4thfreedomfoundation

Any “so called judge” that claims Americans have no right to “weapons of war” has no business in the country, much less on the bench.


36 posted on 02/22/2017 11:34:33 AM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: nickcarraway

The second amendment is about weapons of war, idiots


37 posted on 02/22/2017 11:35:24 AM PST by lavaroise (s)
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To: wastoute

<<< This judge needs to be removed from the bench immediately >>>

It was a 10-4 decision. All 10 need to be removed.


38 posted on 02/22/2017 11:35:51 AM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Sasparilla

Not sure if Gorsuch is aRIno


39 posted on 02/22/2017 11:36:11 AM PST by lavaroise (s)
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To: All

I expect to see the VA gov and AG get something on the works to take advantage. .


40 posted on 02/22/2017 11:37:20 AM PST by newnhdad (Our new motto: USA, it was fun while it lasted.)
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