Posted on 02/22/2017 10:57:48 AM PST by nickcarraway
Maryland's ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.
In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the guns banned under Maryland's law aren't protected by the Second Amendment.
"Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage.
I have no law degree, but I can read and understand the English language. The bolded words could not be more clear.
The courts are running amok and need to be reined in.
The second amendment was always about defense against a tyrannical central government. We had just defeated one in the form of King George III of England.
Our brilliant forefathers feared our own government might become the same tyrannical state as was King George III. Their fears were well founded. They gave us the second amendment not for hunting game but defending liberty against tyranny. Not even the British wanted our weapons when we were a colony. The hunting of game was just the hunting of food. They wanted our weapons when we went to war against their tyrannical rule by the state.
If one has any doubt about this, read what Jefferson wrote. This issue was debated and settled more than two hundred years ago. Our forefathers wanted us to have access to weapons of war for our defense of freedom.
The hard left wants to take our weapons for they believe in the supremacy of The State verses supremacy of the citizen.
“Gorsuch must be on SCOTUS before it hears this case.”
Has the approval process started for this?
Not this sh* again!
This had better get overturned somewhere.
Or even 12 gauge shotguns will be considered military weapons of war:
https://en.wikipedia.org/wiki/List_of_combat_shotguns
https://en.wikipedia.org/wiki/List_of_individual_weapons_of_the_U.S._Armed_Forces#Shotguns
M870 (pump-action 12 gauge) (USCG)
M1014 (semi-automatic 12 gauge) (US Army and USMC)
M26 (Modular Accessory Shotgun System) (bolt-action 12 gauge attachment) (US Army)
Ithaca Model 37 (pump-action 12 gauge)
Pancor Jackhammer (gas-operated 12 gauge)
Remington 7188 (full-auto 12 gauge) (Navy SEALs)
Remington Model 10 (pump-action 12 gauge)
Remington Model 11 (semi-automatic 12 gauge)
Remington Model 31 (pump-action 12 gauge)
Springfield Model 1881 Forager (20 gauge)
Stevens Model 520-30 (pump-action 12 gauge)
Stevens Model 620 (pump-action 12 gauge)
Winchester 1200 (pump-action 12 gauge)
Winchester Model 1912 (pump-action 12 gauge)
Winchester Model 1897 (pump-action 12 gauge)
CAWS entrants, specifically HK CAWS
https://www.americanrifleman.org/articles/2016/4/22/combat-shotguns-of-the-vietnam-war/
http://www.benning.army.mil/infantry/magazine/issues/2013/Jul-Sep/Phillips.html
Introduced to military service during World War I as a tool for clearing trenches, shotguns have been in the Army’s arms rooms for almost 100 years.
I believe that the ruling way back when that outlawed sawed-off shotguns was because they were NOT useful in the military. Although later on Vietnam I believe many of our soldiers did carry short-barreled shotguns.
I wonder if these frickin judges have ever read the Constitution? The 2nd Amendment isn’t about hunting.
This ruling is in direct conflict with the 1930s Miller opinion which ruled against possession of a gun because it was not widely used by the military. Sporting purposes exemptions are also in conflict with the Miller ruling. The practical result is total control of civilian possession and complete confusion of what is acceptable. This is not acceptable in America or by Americans. “Shall not be infringed” is clear and those who infringe understand they are violating human rights.
10-4, and we think we’re still living in the USA?
An armed militia is not a bunch of deer hunters. Firearms are our right, for We The People to keep USAgov from becoming the beast which many are trying to make it.
TRAXLER, Circuit Judge, with whom NIEMEYER, SHEDD, and AGEE, Circuit Judges, join, dissenting:Today the majority holds that the Government can take semiautomatic rifles away from law-abiding American citizens. In South Carolina, North Carolina, Virginia, West Virginia and Maryland, the Government can now tell you that you cannot hunt with these rifles. The Government can tell you that you cannot shoot at targets with them. And, most importantly, the Government can tell you that you cannot use them to defend yourself and your family in your home. In concluding that the Second Amendment does not even apply, the majority has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.
In addition, the majority holds that even if it is wrong when it says that the Second Amendment does not cover these commonplace rifles, Maryland can still lawfully forbid their purchase, even for self defense in one’s home-the core Second Amendment right. My friends do not believe this ruling impairs the rights citizens have under the Constitution to any significant degree. In my view, the burden imposed by the Maryland law is considerable and requires the application of strict scrutiny, as is customary when core values guaranteed by the Constitution are substantially affected. I recognize that after such a judicial review, the result could be that the Maryland law is constitutional. I make no predictions on that issue. I simply say that we are obligated by Supreme Court precedent and our own to treat incursions into our Second Amendment rights the same as we would restrictions on any other right guaranteed us by our Constitution.
Therefore I respectfully dissent.
Yep - Obama spent 8 years packing the appellate courts with radical leftists who are pro-homosexual, pro-pedo, and anti-gun.
..or the part about , “shall not be infringed”?
hold muh beer
So, has the left succeeded in establishing the fiction that semiautomatic rifles can be “assault weapons?”
Are we not even fighting that battle any more?
Fully automatic weapons have been (unconstitutionally) illegal for many decades. Reports that discuss “assault weapons” are fake news.
I have a bunch of them. :) :) :). I have never used any weapon in an illegal manner. I have been shooting for over 60 years. I am also a collector of old fine weapons of history and war. I shoot them all with the exception of one that is so old I am afraid of the metallurgy and might risk destroying it and damaging my hand.
I was raised with weapons from my time as a young boy. When I was 13 years old I was allowed to have my own weapon in my bedroom and the ammunition. My beloved grandfather taught me what weapons were and how they should be used and more importantly not to be used.
When I was in High School we frequently had shotguns in our pickups. We would go hunting after school was out. Our teachers knew, our principal knew and the cops knew. They all knew because you could see the shotguns in the gun rack in the pickup window. This was just normal in South Louisiana rural society in the early sixties. I dearly miss those days. Today they would call out the SWAT Team.
PS
I no longer hunt. I just became tired of killing things with the exception of vermin. My friend does hunt on my land and he shares the venison with me. It tastes great!
we have no power to extend Second Amendment protections to weapons of war,
Good, then now would be a good time to ORDER ALL THOSE WEAPONS OWNED BY POLICE to be Turned in and Destroyed, because they are NOW ILLEGAL.
Where is AG Sessions to start PROSECUTING these Government Entities hoarding “Weapons of War” that are NOT COVERED UNDER THE 2nd Amendment.??
BEGIN THE MASS ARRESTS NOW!
The Smith & Wesson Model 15, .38 special six shot revolver that I wore in an ICBM launch control center during the early to mid 1980’s must, by this court decision, also be considered a “weapon of war.”
“Is it actually possible to buy an “Assault Weapon”? A full-auto M-4, AK, etc? Really?”
The weapons you named are assault rifles, used in the military assault. And you can buy them if you have the coin and the time.
The “assault weapons” they are talking about are civilianized versions of the military rifles, which are sometimes used in criminal assaults (as are baseball bats and hammers). You can buy them too for less coin and time.
You sound just like me...I got my first shotgun at age 8(that was 60 years ago also)...A .410 single shot...I use to sell squirrel tails for some money...
Since then, I’ve hunted deer in East Tennessee where I’m from...I’ve ran a string Plott Hounds and bear hunted Tennessee and Ontario, Canada...
“We DO NOT want to go down the Militia road, which would allow courts to define the Organized Militia as the national Guard, etc.”
The National Guard is already defined as the Organized Militia by legislation.
With some exception, everybody else from about
18 to 45 is in the Unorganized Militia at the Federal Level.
The age limits for the Unorganized Militia at the State level may vary by State.
Well then, it is time for Congress to pass legislation correcting this abuse of freedom, and in accordance with Article 3 of the US Constitution, tell the judiciary they no longer have any jurisdiction over the matter of firearns,ammunition and accessories—PERIOD!
I knew damn well that if NY got away with their unconstitutional gun grab and laws banning clips over 10 rounds, and folding stocks etc that the country was likely to follow- NY succeeded in getting her courts to ignore the FACT that we have an inalienable RIGHT to defend ourselves with WHATEVER weapon is warranted given the fact that our enemies will likely have such weapons- (Yes, it’s legal to own full auto- but it’s very very difficult- but still legal)- Now the state government steps in and says no? We, as sovereign people of a Sovereign God, have a RIGHT to use appropriate means to protect ourselves- A Government does NOT have the right to cause us to be helpless against superior weapons (within reason- one could argue certain exceptions need to be made- but the counter argument is just as powerful) of the enemy- and the enemy by and large is armed with autos and semi autos-
The government has no right telling a father or woman that they don’t have a right to own and use effective weapons for self defense- They are trampling our inalienable rights to self defense- Inalienable means God given- not government assigned!
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