Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules

NBC News ^

[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.

[TigersEye]

The power of the sword, say the minority..., is in the hands of Congress. My friends and countrymen, it is not so, for The powers of the sword are in the hands of the yeomanry of America from sixteen to sixty. The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom. Congress has no power to disarm the militia. Their swords and every terrible implement of the soldier are the birthright of Americans. - Tench Cox

Our birthright, judge.

[upchuck]

“Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules”

Hmmm... Assault Weapons... do they mean my chainsaw? It could easily be used to assault someone.

How ‘bout my five pound sledge hammer? Ouch! That could hurt, perhaps even be fatal.

And we mustn’t forget kitchen knives, fav of Charlie Manson and troops for artistic carving of human flesh.

[Bob434]

[[This had better get overturned somewhere.]]

It didn’t in NY or CT I believe- maybe some other states too-

[mumblypeg]

The bill has been in Congress since Dec. 2015.
Will the judge’s ruling breathe life into it?
The list of guns it seeks to ban is long.
The bill bans possession, and seems to allow confiscation.
Read the text here.
https://www.congress.gov/bill/114th-congress/house-bill/4269/text

[Bob434]

[[We DO NOT want to go down the Militia road, which would allow courts to define the Organized Militia as the national Guard, etc.]]

Correct- We want to go down the inalienable right to self protection road instead- I have an inherent RIGHT to protect myself and my family with guns and clips that are up to the task- and when you have roaming gangs of enemies- a 7 clip gun isn’t going to cut it-

[Fedora]

The purpose of the Second Amendment is to protect us against judges like this.

[Bob434]

The Second Amendment was never solely about a ‘well armed well trained militia’- as the left love to claim- it was always about arming
ordinary citizens so that we can defend ourselves against any enemy
either foreign or domestic- Every citizen has the right to be armed well
enough to defend themselves against heavily armed enemies as will be
evident by the following words of wisdom from our founding fathers as
they envisioned bigger better, more powerful guns and wanted our
citizens to be able to keep pace and match the firepower bullet for
bullet if necessary to defend ourselves-:

“What country can preserve its liberties if their rulers are not warned
from time to time that their people preserve the spirit of resistance.
Let them take arms.”
- Thomas Jefferson, letter to James Madison, December 20, 1787

“A-strong
body makes the mind strong. As to the species of exercises, I advise
the gun. While this gives moderate exercise to the body, it gives
boldness, enterprise and independence to the mind. Games played with the
ball, and others of that nature, are too violent for the body and stamp
no character on the mind. Let your gun therefore be your constant
companion of your walks.” - Thomas Jefferson, letter to Peter Carr,
August 19, 1785

“No free man shall ever be debarred the use of arms.”
- Thomas Jefferson, Virginia Constitution, Draft 1, 1776

“On
every occasion [of Constitutional interpretation] let us carry
ourselves back to the time when the Constitution was adopted, recollect
the spirit manifested in the debates, and instead of trying [to force]
what meaning may be squeezed out of the text, or invented against it,
[instead let us] conform to the probable one in which it was passed.”
- Thomas Jefferson, letter to William Johnson, 12 June 1823

“The Constitution of most of our states (and of
the United States) assert that all power is inherent in the people; that
they may exercise it by themselves; that it is their right and duty to
be at all times armed.”
- Thomas Jefferson, letter to to John Cartwright, 5 June 1824

“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
- Benjamin Franklin, Historical Review of Pennsylvania, 1759

“I enclose you a list of the killed, wounded, and captives of the enemy
from the commencement of hostilities at Lexington in April, 1775, until
November, 1777, since which there has been no event of any consequence
... I think that upon the whole it has been about one half the number
lost by them, in some instances more, but in others less. This
difference is ascribed to our superiority in taking aim when we fire;
every soldier in our army having been intimate with his gun from his
infancy.”
- Thomas Jefferson, letter to Giovanni Fabbroni, June 8, 1778

“I ask who are the militia? They consist now of the whole people, except a few public officers.”
- George Mason, Address to the Virginia Ratifying Convention, June 4, 1788

“To disarm the people...s the most effectual way to enslave them.”
-George Mason, referencing advice given to the British Parliament by
Pennsylvania governor Sir William Keith, The Debates in the Several
State Conventions on the Adooption of the Federal Constitution, June 14, 1788

“Besides
the advantage of being armed, which the Americans possess over the
people of almost every other nation, the existence of subordinate
governments, to which the people are attached, and by which the militia officers are
appointed, forms a barrier against the enterprises of
ambition, more insurmountable than any which a simple government of any form can admit of.”
- James Madison, Federalist No. 46, January 29, 1788

“Before
a standing army can rule, the people must be disarmed, as they are in
almost every country in Europe. The supreme power in America cannot
enforce unjust laws by the sword; because the whole body of the people
are armed, and constitute a force superior to any band of regular
troops.”
- Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787

“The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.”
- James Madison, I Annals of Congress 434, June 8, 1789

“...the ultimate authority, wherever the derivative may be found, resides in the people alone...”
- James Madison, Federalist No. 46, January 29, 1788

“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

- William Pitt (the Younger), Speech in the House of Commons, November 18, 1783

[rey]

“we have no power to extend Second Amendment protections to weapons of war”

So let me get this straight; the most important thing was to believe and say what you want. The second most important was hunting and recreation? Not buying it. I think the weapons they possessed then were implements of war, at least for that time.

[hal ogen]

More LIB idiot judges. A baseball bat can be a “weapon of war”. These lunatics should self-commit to get treatment for their lunacy.

[shalom aleichem]

What about my collector Luger or 1911 .45 auto - they are obviously “weapons of war” but at the same time are arms which I keep and bear for home and personal protection

[dsc]

“The powers of the sword are in the hands of the yeomanry of America from sixteen to sixty.”

Woah, you pass sixty and you lose your Second Amendment rights?

[Cobra64]

There are probably 30 million ARs, Mini14s, AKs, etc. in the US.

Does anyone know the last time one of these unlocked the gun safe and went on a wild murdering rampage?

[rockinqsranch]

Maryland. Liberal as ‘H’ Maryland. Apparent case of court shopping here.

Take it to SCOTUS after Gorsuch is instilled in that court, and let’s see how it does then.

[TigersEye]

The statutory law for the organized militia is 17-45.

32 U.S. Code § 313 - Appointments and enlistments: age limitations

(a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age.

(b) To be eligible for appointment as an officer of the National Guard, a person must—

(1) be a citizen of the United States; and

(2) be at least 18 years of age and under 64.

I don't know of an statutory age limitations on the unorganized militia.

I'm almost 62 so...

[indthkr]

2nd Amendment bump for later....

[editor-surveyor]

.
So we have another Circus court of banan-appeals?

The founders letters demonstrate that the purpose for the second amendment was to assure that the people remain militarily stronger than their government.

This decision cannot stand, even back in the 1930s the SCOTUS saw that military grade weapons were what was intended to be protected.
.

[dsc]

Guess I’ll have to lie about my age.

[TigersEye]

That works for me. Tyrants don’t deserve our sincerity.

[TigersEye]

This decision cannot stand, even back in the 1930s the SCOTUS saw that military grade weapons were what was intended to be protected.

That's right and if SCOTUS were to uphold this decision there would be two opposing SCOTUS decisions. One claiming that only military weapons are covered by the 2nd Amendment and the other saying that no military weapons are covered by the 2nd Amendment.

In that case all laws regarding weapons of any kind would be null and void. The law would be an outlaw, a violation of the principle purpose of the law. Time to hoist the black flag and draw cutlasses.

[maxwellsmart_agent]

This was a goofy decision. It will eventually be shot down.

What is a rifle, any rifle of any format made for? The answer to that question tells you why the decision was so silly.