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Assault rifles are NOT protected under the Second Amendment, US appeals court rules
Daily Mail Co. (UK) ^ | 23 February 2017 | Associated Press and AFP

Posted on 02/23/2017 4:10:21 AM PST by Texas Fossil

A US appeals court has ruled that military-style assault weapons are not protected under the US Constitution, dealing a blow to gun rights activists. In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the 45 assault weapons banned under Maryland's law are not protected by the Second Amendment. 'Put simply, we have no power to extend Second Amendment protection to the weapons of war,' wrote Judge Robert King, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.

While the Second Amendment guarantees Americans the right to bear arms, legal battles have raged for years over what the guarantee includes. The ruling upheld a law from Maryland, which bans 45 different kinds of assault weapons and sets the limit on gun magazines to 10 rounds.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: assault; ban; banglist; corruption; secondamendment; weapon
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'Put simply, we have no power to extend Second Amendment protection to the weapons of war,' wrote Judge Robert King

Insane decision.

Residue of the Obamanation.

1 posted on 02/23/2017 4:10:21 AM PST by Texas Fossil
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To: Texas Fossil

A Demoncrap appointed by Slick Willie in 1998.


2 posted on 02/23/2017 4:13:52 AM PST by baltimorepoet
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To: Texas Fossil

Militias are civilian military units. I.e. they fight wars. The Constitution guarantees that militias are allowed to be armed with weapons designed for war.


3 posted on 02/23/2017 4:14:13 AM PST by Telepathic Intruder (The only thing the Left has learned from the failures of socialism is not to call it that)
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To: Telepathic Intruder

The 2A uses the militia as the justification for the right of the people to be armed. The right is given to the people, not the militia.


4 posted on 02/23/2017 4:18:42 AM PST by Justa
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To: Justa

Militias are people. If civilians cannot have weapons then militias are unconstitutionally disarmed.


5 posted on 02/23/2017 4:19:59 AM PST by Telepathic Intruder (The only thing the Left has learned from the failures of socialism is not to call it that)
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To: Texas Fossil

US appeals court is not protected under the constitution.

Wacking wacky judges is actually free speech


6 posted on 02/23/2017 4:21:14 AM PST by bert (K.E.; N.P.; GOPc;WASP .... Macroagression melts snowflakes)
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To: baltimorepoet

Remember where the case originated:

Maryland Deputy Attorney General, Thiruvendran Vignarajah: “we should ban guns altogether, period”

https://www.nraila.org/articles/20151204/maryland-deputy-attorney-general-we-should-ban-guns-altogether-period

Pound sand. Governor Abbot has already told them it will not happen in Texas. And they can “come and take it”. (if they are stupid enough to try.)


7 posted on 02/23/2017 4:24:45 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: Telepathic Intruder

Exactly.


8 posted on 02/23/2017 4:25:25 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: bert

Impeach for incompetence, rinse, repeat...


9 posted on 02/23/2017 4:27:27 AM PST by D Rider
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To: Texas Fossil
The ruling upheld a law from Maryland, which bans 45 different kinds of assault weapons and sets the limit on gun magazines to 10 rounds.

Didn't some politician once ask a question something like "Why would anyone need more than 10 bullets?"


10 posted on 02/23/2017 4:33:04 AM PST by Vlad The Inhaler (“Forewarned, forearmed; to be prepared is half the victory.” ― Miguel de Cervantes)
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To: Texas Fossil

The decision misreads the Miller case, which, if construed in the narrowest possible way, said that *only* military weapons are protected by the Second Amendment.


11 posted on 02/23/2017 4:36:08 AM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: Texas Fossil

The second amendment was written explicitly to protect the right of citizens to own weapons of war.

That’s what the “Well regulated militia” phrase means, where “regulated” means “trained”.


12 posted on 02/23/2017 4:39:22 AM PST by Westbrook (Children do not divide your love, they multiply it)
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To: Texas Fossil

The second amendment was written explicitly to protect the right of citizens to own weapons of war.

That’s what the “Well regulated militia” phrase means, where “regulated” means “trained”.


13 posted on 02/23/2017 4:39:26 AM PST by Westbrook (Children do not divide your love, they multiply it)
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To: Texas Fossil

BACK STORY
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
http://www.washingtontimes.com/news/2013/may/17/miller-here-are-81-specific-gun-models-banned-mary/

MILLER: Here are the 81 specific gun models banned in Maryland

By Emily Miller - The Washington Times - Friday, May 17, 2013

Gov. O’Malley Signs ‘Assault Weapon’ and Handgun Ban

ANALYSIS/OPINION:

Gov. Martin O’Malley gleefully signed into law Thursday a foolish gun-control measure that arbitrarily bans certain make and model firearms. There seems no rhyme or reason to the list, other than he picked guns that either sound or look scary.

Broadly, any rifle that has two of three characteristics - folding stock, grenade launcher or flash suppressor — is considered an “assault weapon” and now illegal in Maryland. The statute also makes specific pistols, rifles and, shotguns — “or a copy regardless of the producer or manufacturer” — banned in the “Free State.” They are as follows:

Manufacturers A: AA Arms AP–9 semiautomatic pistol;American Arms Spectre da Semiautomatic carbine; AK–47 in all forms; Algimec AGM–1 type semi–auto; AR 100 type semi–auto; AR 180 type semi–auto; Argentine L.S.R. semi–auto; Australian Automatic Arms SAR type semi–auto; Auto–Ordnance Thompson M1 and 1927 semi–automatics;

Manufacturers B-C: Barrett light .50 cal. semi–auto; Beretta AR70 type semi–auto; Bushmaster semiautomatic pistol; Bushmaster semi–auto rifle; Calico models M–100 and M–900; CIS SR 88 type semi–auto;Claridge HI TEC C–9 carbines; Claridge HI–TEC semiautomatic pistol; Colt AR–15, CAR–15, and all imitations except Colt AR–15 Sporter H–BAR rifle;

Manufacturers D-F: D Max Industries semiautomatic pistol; Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K–1, and K–2; Dragunov Chinese made semi–auto; Encom MK–IV, MP–9, or MP–45 semiautomatic pistol; Famas semi–auto (.223 caliber); Feather AT–9 semi–auto;FN LAR and FN FAL assault rifle; FNC semi–auto type carbine; F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun; Steyr–AUG–SA semi–auto;

Manufacturers G-I: Galil models AR and ARM semi–auto; Heckler and Koch HK–91 A3, HK–93 A2, HK–94 A2 and A3; Heckler and Koch semiautomatic SP–89 pistol; Holmes model 88 shotgun;Holmes MP–83 semiautomatic pistol; Ingram MAC 10/11 semiautomatic pistol and variations including Partisan Avenger and the SWD Cobray; Intratec TEC–9/DC–9 semiautomatic pistol in any centerfire variation;

Manufacturers K-R: Avtomat Kalashnikov semiautomatic rifle in any format; Manchester Arms “Commando” MK–45, MK–9; Mandell TAC–1 semi–auto carbine; Mossberg model 500 Bullpup assault shotgun; Sterling Mark 6; P.A.W.S. carbine; P.A.W.S. type semiautomatic pistol; Ruger mini–14 folding stock model (.223 caliber);

Manufacturers S: SIG 550/551 assault rifle (.223 caliber); SKS with detachable magazine; Skorpion semiautomatic pistol; Spectre double action semiautomatic pistol (Sile, F.I.E., Mitchell); AP–74 Commando type semi–auto; Springfield Armory BM–59, SAR–48, G3, SAR–3, M–21 sniper rifle, M1A, excluding the M1 Garand; Street sweeper assault type shotgun; Striker 12 assault shotgun in all formats;

Manufacturers U-W: Unique F11 semi–auto type; Daewoo USAS 12 semi–auto shotgun; UZI 9mm carbine or rifle; UZI semiautomatic pistol; Valmet M–76 and M–78 semi–auto; Weaver Arms “Nighthawk” semi–auto carbine; Weaver Arms semiautomatic Nighthawk pistol; Wilkinson Arms 9mm semi–auto “Terry”; and Wilkinson semiautomatic “Linda” pistol.


14 posted on 02/23/2017 4:41:32 AM PST by Vlad The Inhaler (“Forewarned, forearmed; to be prepared is half the victory.” ― Miguel de Cervantes)
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To: Texas Fossil

Wasn’t there a ruling once that said shotguns were not used in wars, so they weren’t protected?

A decenting view...


15 posted on 02/23/2017 4:42:00 AM PST by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
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To: Vlad The Inhaler

Yes. It is pure BS.


16 posted on 02/23/2017 4:43:15 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: Texas Fossil

Funny how judges who are sworn to uphold the law feel they should be able to ignore the basic law of the land. (the Constitution)

Judges such as that are clearly the domestic enemies I once swore an oath to defend the country against.


17 posted on 02/23/2017 4:43:16 AM PST by baltimorepoet
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To: Vlad The Inhaler

Yep, Idiots.


18 posted on 02/23/2017 4:44:01 AM PST by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: Texas Fossil

US v Miller 1939 supremes court decision says ONLY military style weapons are protected under second amendment.

While I disagree on this, as any good weapon can be used to defend oneself, family and nation. It goes against this latest travesty by the liberal court.


19 posted on 02/23/2017 4:44:09 AM PST by Vaquero ( Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Westbrook

Amen worth repeating


20 posted on 02/23/2017 4:44:09 AM PST by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
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