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Federal Appeals Court Says Assault Rifles Are ‘Weapons Of War’ Not Protected By Second Amendment
NY Daily News ^ | 02/22/17 | JASON SILVERSTEIN

Posted on 02/22/2017 5:51:23 PM PST by Enlightened1

A federal appeals court ruled Tuesday that assault rifles and other so-called “weapons of war” are not protected under the Second Amendment.

The U.S. Court of Appeals for the Fourth Circuit decision upheld Maryland’s ban on assault rifles, which was passed in 2013 in response to the Sandy Hook Elementary School massacre in Connecticut. It cited a 2008 Supreme Court case, Heller v. District of Columbia, which said that weapons “most useful in military service” are not covered by the Constitution.

“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,” Judge Robert King wrote for the 10-4 decision.

“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.”

Citing the Heller case, King wrote that assault rifles are “devastating weapons of war whose only legitimate purpose is to lay waste to a battlefield full of combatants.”

“The majority concludes that the semiautomatic rifles banned by Maryland law are most useful in military service, even though they are not in regular use by any military force, including the United States Army,” the decision said.

It noted that such weapons have also been used for recent mass shootings in Aurora, Colo., San Bernardino, Calif., and Orlando, Fla. — making those cities “synonymous with the slaughters that occurred there.”

Only seven states — California, Connecticut, Hawaii, Maryland, Massachusetts, New Jersey and New York — and the District of Columbia have laws banning the sale or ownership of assault rifles.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: appeals; assaultrifles; banglist; court; secondamendment
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1 posted on 02/22/2017 5:51:24 PM PST by Enlightened1
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To: Enlightened1

Remember the old days when lawyers actually had us believing that they were smart?


2 posted on 02/22/2017 5:54:24 PM PST by Da Coyote
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To: Enlightened1

That’s not up to the government to decide. The Bill of Rights belong to the American people. We’re supposed to determine what is and what is not a Second Amendment right. Not a bunch of pedophiles in black burkas.


3 posted on 02/22/2017 5:54:25 PM PST by FlingWingFlyer (I tried being reasonable, I didn't like it. - Clint Eastwood)
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To: Enlightened1

Meh, idiot socialists... ignore them, be ready.


4 posted on 02/22/2017 5:54:42 PM PST by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: Enlightened1

The 2nd Amendment was specifically aimed at permitting The Average Joe the ZACT same weapons as the average member of regulary Gummint infantry.


5 posted on 02/22/2017 5:55:03 PM PST by gaijin
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To: Enlightened1
What part of 2nd Amendment "The right of the people to keep and bear arms Shall not be infrindged" does this court fail to understand?  Time to break and replace this Appeals Court.

 

 

 

6 posted on 02/22/2017 5:55:22 PM PST by Enlightened1
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To: All

Click The Pic

7 posted on 02/22/2017 5:55:33 PM PST by ButThreeLeftsDo (MAGA!)
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To: Enlightened1
“The majority concludes that the semiautomatic rifles banned by Maryland law are most useful in military service, even though they are not in regular use by any military force, including the United States Army,”

Sometimes absurdity speaks for itself.

8 posted on 02/22/2017 5:55:45 PM PST by alancarp (George Orwell was an optimist.)
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To: Enlightened1; All

Would smeone please Define, an Anssault RIFLE, for the court pleae?


9 posted on 02/22/2017 5:56:08 PM PST by SandRat (Duty, Honor, Country.)
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To: Enlightened1

Bahh,lets all bow.

It’s called deterrence aholes

No one wants it but we reserve the right


10 posted on 02/22/2017 5:56:18 PM PST by mylife (The roar of the masses could be farts)
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To: gaijin

11 posted on 02/22/2017 5:56:23 PM PST by gaijin
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To: Enlightened1
Weapons of war are exactly what are protected by the Second Amendment.
12 posted on 02/22/2017 5:56:35 PM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: alancarp

Ridiculous. The whole point of having the arms
was so that the government could rely on the armed
populace (militia) for defense, and not upon a regular
standing army (which could be used to oppress the people, as the King had oppressed England).


13 posted on 02/22/2017 5:57:05 PM PST by CondorFlight (I)
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To: SandRat

I believer an assault weapon HAS to have some setting that permits full-auto fire, however briefly.


14 posted on 02/22/2017 5:57:31 PM PST by gaijin
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To: Enlightened1

‘Assault’ is a negative and biased term (verb/adverb) denoting an ACTION! How do guns assault people?


15 posted on 02/22/2017 5:58:04 PM PST by CivilWarBrewing (im)
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To: Enlightened1

Most Useful in MILITARY...
BUT NOT USED BY MILITARY !

I see a problem with LOGIC.


16 posted on 02/22/2017 5:58:45 PM PST by Big Red Badger (UNSCANABLE in an IDIOCRACY!)
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To: SandRat

As opposed to an assault rock or pointy stick?

A boot to the head?


17 posted on 02/22/2017 5:58:59 PM PST by mylife (The roar of the masses could be farts)
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To: FlingWingFlyer; All

Moreover, any rights we do not have, the feds do not have too.

We the People delegate our authority and rights to them.

Therefore, if we do not have a right, then the Feds can’t have any assault rifles.


18 posted on 02/22/2017 5:59:03 PM PST by Enlightened1
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To: SandRat

There is no such thing as an assault rifle the libs and media think anything that’s black and has a trigger is an assault rifle.


19 posted on 02/22/2017 5:59:23 PM PST by Cobra64 (Common sense isn't common any more.)
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To: Enlightened1

Molon labe


20 posted on 02/22/2017 6:00:03 PM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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