Posted on 07/29/2022 11:51:50 AM PDT by rktman
U.S. District Judge Raymond Moore, an Obama appointee, issued a temporary restraining order against Superior, Colorado’s ban on “assault weapons.” The judge cited the Supreme Court’s New York State Rifle and Pistol Association v. Bruen ruling extensively in one of the first significant decisions since the landmark case.
“In its simplest terms, the Second and Fourteenth Amendments prohibit governments from preventing ‘law abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms,'” Moore said of the Court’s conclusion in Bruen.
Employing the test created in Bruen, he ruled the town’s ban is unconstitutional.
“The conduct regulated by this provision of the Amended Code, the right to possess, sell, or transfer illegal weapons, (which, as defined, include weapons commonly used by law-abiding citizens for lawful purposes), is covered, at least in part, by the Second Amendment, and therefore that conduct is presumptively protected,” Moore wrote.
If other courts applying the logic of Bruen find similar bans also run afoul of the Second Amendment, it could lead to changes all over the country. Seven states and the District of Columbia already have assault weapons bans. While support for such bans has been dropping, many Democrats in Congress are currently pushing for a federal version despite dim prospects for success.
(Excerpt) Read more at townhall.com ...
Liberals say that they “fart in the general direction of the constitution”
But at least this stay is a step in right direction- but like you say- don’t hold out much hope it will be permanent
Democrats will never cease their relentless attempts to destroy the rights guaranteed under the constitution and our bill-of-rights.
The constitution and the bill of rights are the biggest enemies to the democrats, even bigger than Trump and republicans.
If worse comes to worst, the Second Amendment contains the one right that is also the mechanism for its own defense.
“self-defense needs” can not be a requirement. Otherwise legislatures, courts and executives will soil the nest coming up with their own totalitarian definition of “need.”
Repealing the 2nd Amendment with rigged ballots is next. Sounds unbelievable and impossible? Never underestimate the left.
“T E M P O R A R Y. Where do we go from here? 🙂 Because we all know the dems 😵💫🤡 don’t care about no steenkin’ constitution or what SCOTUS rules.”
As a retired lawyer I can answer that question. A Temporary Restraining Order (TRO) is granted only when the plaintiff demonstrates a substantial likelihood of prevailing after a full hearing. In other words, the plaintiff here has gotten as much as the plaintiff could get at this stage of the proceedings and has an excellent chance of prevealing with the final injunction.
In addition, things look pretty good for the final injunction to be upheld all the way through the Supreme Court because, among other things, the Democrats, in the current hearings on their “assault weapon” ban admitted that the firearms manufacturers have collected approximately $1 billion in revenue from selling such rifles. That means it is just about impossible for anyone in his or her right mind not to admit that such rifles are “commonly used”. Once that admission is made the weapons are covered by the Second Amendment.
Constitucional amendments don’t work like that but men can’t be women and look where we’re at today. These are Marxists and you can’t coexist with a Marxist.
*cautiously* ....... Yay........??
I recently spent a lot of my time on a grand jury.
3 months, 3-4 days a week. 4-5 cases as day. There were lots of drug and gun cases.
Not once in all that time were the words AR-15 uttered.
Thanks, esquire, for the edgerkation. 🙂👍
The Democrats know you can’t establish a totalitarian government until you destroy the middle class and disarm the general population ... e.g. Venezuela.
Concerning the American fight for independence (1776,) what government on the planet Earth at that time, was considered the most powerful Army (& Navy) on the planet Earth. ANSWER: England. Ergo, England supplied her Army (& Navy) with the most advanced (common, I'll address later some of the more advanced weapons of that time, that in fact were known to the general populist) weapon(s) known to man The Brown Best, a weapon of war, i.e., an assault weapon.
The colonist of that time (1776) in general own Musket's, (Weapons of War, i.e., for that time period, assault weapon{s}) that they used to secure our independence from England. Hence, every / most colonist used their personal MILITARY GRADE (We know they were of military grade, because we kicked England's AR$$.)
Now, come the present time (year of 2022,) we're discussing just what type of Military "Ugly BLACK-Weapon's (i.e., AR-15's and a like") we're allowed to own.
Ah, Houston, we have a (big-A$$) problem.
I've notice that a certain profession, i.e. the Legal Profession, is filled with thousands of college 4 year degree, highly trained, and some Juris Doctorate, show Overwhelming IGNORANCE, with the first grade facts of the fight for Independence, circa 1776, as stated above.
Just a small taste of some of the "COMMON-MULTI-SHOT-SHOOTING-WEAPONS," known to the founding father's:
Belton Flintlock (Was offered for sale to the congress of 1776)
https://en.wikisource.org/wiki/Correspondence_between_John_Belton_and_the_Continental_Congress
"Hand Cannon(s)" that could shoot up to 10 rounds.
"Volley Gun(s)" some having up to 20 barrels. 16 century stuff.
Duck Foot Pistol
Pepperbox Revolver, were around hundreds of years before the 2nd Amendment.
Girandom Air Rifle {Not a Musket, but a rifle.} {Known as the "Wind Rifle" in Austria 1780's.} Could shoot 20 rounds in less than 30 seconds. Also used during the Napoleonic war's. POTUS Jefferson (the third POTUS from 1801 to 1809,) outfitted {led by Capt. Meriwether} Lewis & {Lieut. William} Clark Expedition with this rifle, to explore the Louisiana Purchase and the Pacific Northwest.
Puckle gun, the very first MACHINE-GUN. A manually-operated flintlock revolver patented in 1718 (in the United States) by James Puckle (1667–1724)
The Kalthoff repeater was a type of repeating firearm that was designed by members of the Kalthoff family around 1630, and became the first repeating firearm to be brought into military service.
Cookson Volitional Flintlock Repeater, first made in 1750 in the UK (41 years before the Second Amendment was ratified). The Victoria & Albert Museum in London has a Cookson Gun, dating to 1690.
The Cookson apparently used the Lorenzoni System (first developed in 1680 — 111 years before the Second Amendment was ratified) as its internal mechanism. As with the Kalthoff, the Cookson appears to have been expensive to build and operate, hence it was relegated to a historical footnote instead of taking the world by storm.
While the Founders had heard of the concept of multiple-shot firearms, it wasn't until the idea of interchangeable parts came about as a practical form of technology — in the 1820s — that they became a real possibility.
During the time period of circa, 1776 - 1812, what was the most powerful weapon known to man kind, (i.e., the ATOM BOMB of the day) on the planet Earth? ANSWER: The Cannon. Could a private citizen own such a thing? Answer below:
Article 1, Section 8, of the United States Constitution
American Letter of Marque, 1812,
Letter of Marque carried by Captain Millin of the American privateer Prince of Neufchatel during the War of 1812.
The Letter below is an example of an American letter of marque that was issued in the War of 1812 to Captain of the Prince of Neufchatel, comprising 18 guns and 129 men, by James Madison, President of the United States of America. This letter is archived in the Public Record Office in Richmond, Surrey in the UK (High Court of Admiralty HCA 32/1342.) In case your wondering, why is this document over in England? ANSWER: The Captain of the Prince of Neufchatel, Nicholas Millin, sucked at his job, and was captured. LOL
James Madison, {4th} President of the United States of America,
To all who shall see these presents, Greeting:
BE IT KNOWN, That in pursuance of an act of congress, passed on the 26th day of June one thousand eight hundred and twelve, I have Commissioned, and by these presents do commission, the private armed Brig called the Prince Neufchatel of the burden of three hundred & Nineteen tons, or thereabouts, owned by John Ordronaux & Peter E. Trevall of the City & State of New York and Joseph Beylle of Philadelphia in the State of Pennsylvania Mounting eighteen carriage guns, and navigated by one hundred & twenty nine men, hereby authorizing Nicholas Millin captain, and William Stetson lieutenant of the said Brig and the other officers and crew thereof, to subdue, seize, and take any armed or unarmed British vessel, public or private, which shall be found within the jurisdictional limits of the United States, or elsewhere on the high seas, or within the waters of the British dominions, and such captured vessel, with her apparel, guns, and appertenances, and the goods or effects which shall be found on board the same, together with all the british persons and others who shall be found acting on board, to bring within some port of the United States; and also to retake any vessel, goods, and effects of the people of the United States, which may have been captured by any British armed vessel, in order that proceedings may be had concerning such capture or recapture in due form of law, and as to right and justice shall appertain.
BTT
Great historical presentation. Both thumbs and both big toes up.
The following is meant with dripping sarcasm, to illustrate how absurd the question is. (How sarcastic? That your shoe’s squish, when you walk away.)
When and if you ever do a search to see the very first Machine Gun, i.e., the Puckel Gun, a.k.a., The Defensive-Gun.
The Original U.S. Patent Drawing is located at numerous web sites.
I mention this only (wink, wink) because the FIRST-MACHINE-GUN, a.k.a. The Puckel Gun is / was the first intentionally designed "RACIST," weapon.
Hey Dave, that a pretty bold statement to make, what proof do you have / offer?
When you look at the U.S. Patent application drawing, do take note, it features 2 (two) removeable cylinders. I must have looked at that drawing a hundred times, before I caught the distinction.
The distinction is as follows, the "Round-Bore-Cylinder," is for "Christians," the "Square-Bore-Cylinder," is for Muslims.
Not my words, READ FOR YOURSELF on the U.S. Patent Application.
Do enjoy.
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