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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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To: Enlightened1

Molon labe


21 posted on 02/22/2017 6:00:04 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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To: Enlightened1

Molon labe


22 posted on 02/22/2017 6:00:04 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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To: Enlightened1

We won WW II with the M1 Garand which is semi auto and is not classified as an assault rifle by today’s definition.


23 posted on 02/22/2017 6:02:05 PM PST by Renegade
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To: gaijin

Wrong


24 posted on 02/22/2017 6:05:13 PM PST by mylife (The roar of the masses could be farts)
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To: SandRat

A scary-looking black rifle.


25 posted on 02/22/2017 6:05:13 PM PST by Blood of Tyrants (Conservatives love America for what it is. Liberals hate America for the same reason.)
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To: Triple

26 posted on 02/22/2017 6:06:34 PM PST by Enlightened1
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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,” the decision said.

Clearly they made this shit up as they went. What a freaking joke.

27 posted on 02/22/2017 6:08:01 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Enlightened1

They won’t come and take them. They will make them too expensive to own or buy ammo for.

Just remember this:

The GOP and the NeverTrumpers were/are perfectly happy to have a ‘Rat President pack every Federal Court in America, including the Supreme Court, with Leftist, anti-2A judges.


28 posted on 02/22/2017 6:14:12 PM PST by TTFlyer
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To: Enlightened1
And SCOTUS said that only weapons of war are covered by the 2nd Amendment.

SCOTUS decision in United States v. Miller

2. Not violative of the Second Amendment of the Federal Constitution. P. 178.

The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches long has today any reasonable relation to the preservation or efficiency of a well regulated militia, and therefore cannot say that the Second Amendment guarantees to the citizen the right to keep and bear such a weapon.


29 posted on 02/22/2017 6:15:23 PM PST by TigersEye (Winning. Winning winning winning every day!!!)
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To: Enlightened1

They didn’t outlaw the M1A, M1 Garand, Enfield, 1911, Certain Shotguns, the Sharps rifle, Pennsylania and Kentucky rifles???

Hacktavist court...


30 posted on 02/22/2017 6:15:30 PM PST by Vendome (I've Gotta Be Me - https://www.youtube.com/watch?v=wH-pk2vZG2M)
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To: Enlightened1
"A federal appeals court ruled Tuesday that assault rifles and other so-called “weapons of war” are not protected under the Second Amendment."

Weapons of war that are not protected under the Second Amendment:


31 posted on 02/22/2017 6:16:56 PM PST by lowbridge
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To: Enlightened1

Well, then - come and take them.


32 posted on 02/22/2017 6:17:33 PM PST by Noumenon ("Only the dead have seen an end to war.")
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To: Enlightened1

I guess it depends on what your definition of the word militia is.

Are these judges on narcotics?


33 posted on 02/22/2017 6:19:17 PM PST by DoughtyOne (NeverTrump, a movement that was revealed to be a movement. Thank heaven we flushed!)
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To: Noumenon
Yep ...
34 posted on 02/22/2017 6:19:56 PM PST by TigersEye (Winning. Winning winning winning every day!!!)
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To: usconservative

Well they are dickheads,a Scoped Remington 700 is far more effective than a full auto, to hit most things.

Certainly more cost effective and stealthy

Full auto is good for suppressive fire, someone has to hit them


35 posted on 02/22/2017 6:20:00 PM PST by mylife (The roar of the masses could be farts)
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To: lowbridge

“Aim Small,Miss Small”


36 posted on 02/22/2017 6:21:38 PM PST by mylife (The roar of the masses could be farts)
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To: alancarp

You want to talk about absurdity? Do you know what reasoning was used to (basically) outlaw short barreled shotguns? Because they are not used by rhe military! How’s that for logic?


37 posted on 02/22/2017 6:22:55 PM PST by suthener
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To: Enlightened1

Which War ya think they had in mind?


38 posted on 02/22/2017 6:24:26 PM PST by The Toll
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To: Enlightened1

These semiautomatic rifles are widely used and owned by citizens and are intended for the civilian market.


39 posted on 02/22/2017 6:24:31 PM PST by july4thfreedomfoundation (Hey, news media.....TRUMP in 2020. Because, F--- You!)
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To: Enlightened1


40 posted on 02/22/2017 6:26:51 PM PST by Vlad The Inhaler (“Forewarned, forearmed; to be prepared is half the victory.” ― Miguel de Cervantes)
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