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Maryland, AR-15s and the Fourth Circuit
American Thinker ^ | 11 Aug, 2024 | Mike McDaniel

Posted on 08/11/2024 5:16:02 AM PDT by MtnClimber

The 4th Circuit has now clearly established a split among the lower courts, which will allow the Supreme Court to grant cert and further define the limitations of the state in banning popular, common and usual guns.

Should you be so unfortunate as to live in Maryland, and more unfortunate as to own an AR-15, you’re a criminal, as the Fourth Circuit Court recently affirmed. This despite the Supreme Court’s Heller, McDonald and Bruen decisions having made clear the Second Amendment acknowledges the individual right to self-defense in one’s home and elsewhere, and common and usual weapons are presumptively constitutional. Unfortunately none of those decisions specifically mention the AR-15, the most popular—common and usual--rifle of its type in America. This opened the gun ban door a crack, which the 4th Circuit majority used to push the door wide open:

Graphic: Author, AR-15 variant

We have described the AR-15’s capacities in abundant detail to demonstrate just how far outside the animating purposes of the Second Amendment this weapon lies. While we know that the AR-15 thrives in combat, mass murder, and overpowering police, appellants have failed to demonstrate that the weapon is suitable for self-defense. This is likely because such a showing would be difficult to make. Indeed, many of the weapon’s combat-functional features make it ill-suited for the vast majority of self-defense situations in which civilians find themselves.

It would be hard to imagine a more deceptive and less informed recitation of legal mush. The majority decision goes on to claim the “heightened firepower” of the AR-15 is a terrible risk of overpenetration, and the 30-round magazine, standard since the Vietnam era, is also useful for mass murder, because self-defense shootings commonly only involve a few shots.

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


TOPICS: Society
KEYWORDS: banglist

1 posted on 08/11/2024 5:16:02 AM PDT by MtnClimber
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To: MtnClimber

One reason the democRATs want to pack the Supreme Court.


2 posted on 08/11/2024 5:16:15 AM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: MtnClimber

3 posted on 08/11/2024 5:24:20 AM PDT by MtnClimber (For photos of scenery and wildlife, click on my screen name for my FR home page. More photos added.)
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To: MtnClimber
Point of contention: In 1775 the Brits demanded we turn over our guns. 19 April 1775 started open hostilities. In 1776 we had some lawyers put it in writing.
4 posted on 08/11/2024 5:33:02 AM PDT by Repeat Offender (While the wicked stand confounded, call me with Thy saints surrounded.)
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To: MtnClimber

I used my Covid check to buy another AR-15 and 2000 rounds of ammo. Money well spent.


5 posted on 08/11/2024 5:33:24 AM PDT by DeplorablePaul
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To: MtnClimber

So, if I own an AR-15, then I’m a criminal? OKAY!!

Conversely, if YOU are a LEO,YOU ARE THE ENEMY!

British bobbies are arresting British citizens, NOT PROTESTERS. Think about that.


6 posted on 08/11/2024 5:58:23 AM PDT by OHPatriot (Si vis pacem, para bellum)
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To: MtnClimber

The Maryland definition of self defense is woefully limited. Instead of home invasions, Second Amendment proponents should cite the Floyd riots where a semi automatic weapon is needed for self defense. An AR is the perfect weapon for periods where there is a break down of policing. Just ask Kyle Rittenhouse.


7 posted on 08/11/2024 6:00:08 AM PDT by DeplorablePaul
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To: OHPatriot

I have my great grandfather’s black powder squirrel gun. I swear I will put on a folding stick, thumbgrip, fore grip and flash suppressor.
Just to freek out my liberal friends.


8 posted on 08/11/2024 6:08:30 AM PDT by midwest_hiker
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To: MtnClimber

Speaking about the civilian, semi-auto derivative of theColt M-16(series), have any of you been privy to those ‘retro’ models circulated through Brownell’s?

I handled ‘the Air Force model’, when it was bang du jour.
Hoping not to stub toes, with all the derivatives and aftermarket doodads, but that model, and the shorter mode the base skycops had, are what stick as the mold pictures.The triangular hanguardsets it, for me.
( of course, what do i know, being a security augmentee in the back 40 of the B-52 base in Thailand, with the CONEX sandbagged bunker 200 yards of defoliation and trip flares, and concertina wire on both sides of that for 180 d
nights straight.)


9 posted on 08/11/2024 6:14:10 AM PDT by Terry L Smith
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To: MtnClimber

No problem, just buy an M1A or M1 Garand. Those are battlefield rifles, not an “assault rifle”, whatever that is.


10 posted on 08/11/2024 6:41:09 AM PDT by kawhill (kawhill)
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To: MtnClimber

The biggest problem I see about banning any weapons is that the ban would only affect law abiding citizens. As soon as weapons are banned and confiscated, the cartels will start flooding new ones across the border. Also, I’m sure criminals, gangbangers and illegals won’t step right up and turn in their banned weapons.


11 posted on 08/11/2024 6:42:48 AM PDT by antidemoncrat
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To: MtnClimber

All this nonsense began after the murder of JFK with an Italian army surplus rifle. The claim was that these were “weapons of war” and had no business in the hands of US citizens because they were “designed to kill PEOPLE, not animals!”

In reality, it was just cover to protect New England’s sporting rifle manufacturers from cheap competition.

Such rifles and imported “Saturday Night Specials” were banned in 1968. The ban on 5 shot bolt action army surplus rifles was lifted in the Reagan years.
The anti-gun radicals are looking for ANY gun ban that will stick then they will use it to go after all firearms.

Sad to say but in the 1970s even pro-gun magazines railed against the semi-auto rifles made on military patterns till Mel Tappan wrote his book on Survival Guns. Then suddenly everyone wanted one.
George Bush Sr banned the import of foreign semi-auto military style rifle during his term in office. Wish I had bought them when they were available.


12 posted on 08/11/2024 6:51:53 AM PDT by Ruy Dias de Bivar ( Government is not reason, it is not eloquence-it is force!--G. Washington)
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To: MtnClimber

Semi-auto rifles have been available to civilians since 1903. Yes, 121 years ago. Only in 1984 did the anti-gun radicals decide to target them.

Before that(1962_1984) the mantra was “We ONLY want to register and ban HANDGUNS! Rifles will not be affected!”


13 posted on 08/11/2024 7:08:44 AM PDT by Ruy Dias de Bivar ( Government is not reason, it is not eloquence-it is force!--G. Washington)
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To: MtnClimber

Anyone remember THIS POLICE RAID in 1971 Maryland? There used to be bumper stickers saying “KEN BALLEW COULD BE YOU!”

https://en.wikipedia.org/wiki/Ken_Ballew_raid


14 posted on 08/11/2024 7:12:16 AM PDT by Ruy Dias de Bivar ( Government is not reason, it is not eloquence-it is force!--G. Washington)
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To: MtnClimber

.


15 posted on 08/11/2024 9:27:20 AM PDT by sauropod ("This is a time when people reveal themselves for who they are." James O'Keefe Ne supra crepidam)
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