Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Federal judge declares "large capacity" magazines not protected by the Second Amendment
BearingArms.com ^ | 4/20/23 | Cam Edwards

Posted on 04/20/2023 3:09:56 PM PDT by CFW

A U.S. District Judge in Washington, D.C. has declined to grant an injunction against the city’s ban on “large capacity” magazines, ruling that while magazines in general are “arms” protected by the Second Amendment, LCMs fall outside of the scope of the amendment because they’re a “poor fit” for self-defense purposes.

The challenge to the District’s magazine ban, known as Hanson v. D.C., involves four legal gun owners from D.C. who all say that they would possess and carry “large capacity” magazines in their firearms if they weren’t banned by law. The District’s prohibition comes complete with a potential three-year prison sentence, though it’s unclear how often that sentence is handed down in practice, especially with D.C. prosecutors routinely deciding to decline charges in many illegal gun possession cases.

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


TOPICS: Breaking News; Constitution/Conservatism; Government; US: District of Columbia
KEYWORDS: 2ndamendment; anotheridiotjudge; banglist; bruen; dc; donatenra; gunmagban; hansonvdc; heller; magazines; nonsense; rudolphcontreras
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-85 next last
To: CFW

This judge knows precisely that this decision runs counter to Supreme Court precedent. The tactic of the left now is to simply ignore the Supreme Court and gum up the works for years in as many jurisdictions they can until they get a Supreme Court willing to overturn Bruen, Heller, etc.


21 posted on 04/20/2023 3:23:49 PM PDT by The Unknown Republican
[ Post Reply | Private Reply | To 1 | View Replies]

To: The Louiswu

“They” use legislation. “We” use lawsuits against the legislation.


22 posted on 04/20/2023 3:25:28 PM PDT by Eleutheria5 (Every Goliath has his David. )
[ Post Reply | Private Reply | To 11 | View Replies]

To: Revel

They weaken our rights but notice how the guilty criminals are let go for legal technicalities and jurors are not allowed to hear confessions or taped talk admitting guilt except under really narrow guidelines and witnesses are often too terrified to testify.

A totally trashy system I see as beneath my contempt.


23 posted on 04/20/2023 3:25:32 PM PDT by frank ballenger (You have summoned up a thundercloud. You're gonna hear from me. Anthem by Leonard Cohen)
[ Post Reply | Private Reply | To 2 | View Replies]

To: ncalburt

And for atleast a while the dumbass NRA helped him get elected.


24 posted on 04/20/2023 3:29:18 PM PDT by MachIV
[ Post Reply | Private Reply | To 8 | View Replies]

To: CFW
LCMs fall outside of the scope of the amendment because they’re a “poor fit” for self-defense purposes.

poor fit?

That would depend on who you are defending yourself from and what weapons they possess and how many attackers there are.

Saying my magazine is a “poor fit” for self-defense purposes assumes that the judge has an impossible foresight into who will attack me in the future and. how they will be armed.

If this judge knows these things for every citizen in the US he should let us know.

25 posted on 04/20/2023 3:29:42 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

I declare the judge a dumbass !


26 posted on 04/20/2023 3:31:27 PM PDT by rktman (Destroy America from within? Check! WTH? Enlisted USN 1967 to end up with this? 😕)
[ Post Reply | Private Reply | To 1 | View Replies]

To: libertylover; Revel
... ruling that while magazines in general are “arms” protected by the Second Amendment...

Discussion over (one way or the other).

27 posted on 04/20/2023 3:33:46 PM PDT by frog in a pot (.A community can offer lasting prosperity only if it tends to hold its members accountable.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: CFW

This is so wacky judge, what they call large capacity magazines varies from firearm to firearm it’s not a universal standard


28 posted on 04/20/2023 3:34:05 PM PDT by dila813
[ Post Reply | Private Reply | To 1 | View Replies]

To: MachIV

You reminded me . Ugh .


29 posted on 04/20/2023 3:36:27 PM PDT by ncalburt ( Gop DC Globalists are the evil )
[ Post Reply | Private Reply | To 24 | View Replies]

To: Revel

They need extensive monthly cognitive testing.


30 posted on 04/20/2023 3:39:45 PM PDT by TribalPrincess2U (D.I.S.T.R.A.C.T.I.O.N.S.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: CFW
LCMs fall outside of the scope of the amendment because they’re a “poor fit” for self-defense purposes.

Where does this idiot judge get the concept that arms are limited to self defense when the 2nd amendment reads:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

One might take it to mean that people should be free to have arms to contribute to the Militia...in which case the weapons would be for war.

One might take it to mean that since the federal government will have a militia that the people have a right to arm themselves as well. Which would mean the weapons were to deter the government from using the militia against the people, so arms would mean those for a civil war.

Under no circumstances is there a suggestion in the Second Amendment that "arms" only means arms intended for private self defense.

31 posted on 04/20/2023 3:41:35 PM PDT by AndyTheBear
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

This WILL be overturned. This is absolutely not consistent with either Heller or Bruen…and any District Court is inferior to the USSC - FAR inferior. Self-defense and the suitability of any arm for it is irrelevant when the RIGHT to keep arms is at issue.


32 posted on 04/20/2023 3:42:28 PM PDT by Ancesthntr (“The right to buy weapons is the right to be free.” ― A.E. Van Vogt, The Weapons Shops of Isher)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW; marktwain; Mr. K; Travis McGee

The judge got it exactly backwards. Rudolph Contrares wrote:
“𝐻𝑒𝑙𝑙𝑒𝑟 𝑠𝑝𝑒𝑐𝑖𝑓𝑖𝑐𝑎𝑙𝑙𝑦 𝑐𝑜𝑛𝑡𝑒𝑚𝑝𝑙𝑎𝑡𝑒𝑑 𝑡ℎ𝑎𝑡 “𝑤𝑒𝑎𝑝𝑜𝑛𝑠 𝑡ℎ𝑎𝑡 𝑎𝑟𝑒 𝑚𝑜𝑠𝑡 𝑢𝑠𝑒𝑓𝑢𝑙 𝑖𝑛 𝑚𝑖𝑙𝑖𝑡𝑎𝑟𝑦 𝑠𝑒𝑟𝑣𝑖𝑐𝑒” 𝑓𝑎𝑙𝑙 𝑜𝑢𝑡𝑠𝑖𝑑𝑒 𝑜𝑓 𝑆𝑒𝑐𝑜𝑛𝑑 𝐴𝑚𝑒𝑛𝑑𝑚𝑒𝑛𝑡 𝑝𝑟𝑜𝑡𝑒𝑐𝑡𝑖𝑜𝑛.”

Wrong. That’s not what Scalia wrote. That’s not what Heller meant. Not in the slightest.

Scalia wrote:
“𝐼𝑡 𝑚𝑎𝑦 𝑏𝑒 𝑜𝑏𝑗𝑒𝑐𝑡𝑒𝑑 𝑡ℎ𝑎𝑡 𝑖𝑓 𝑤𝑒𝑎𝑝𝑜𝑛𝑠 𝑡ℎ𝑎𝑡 𝑎𝑟𝑒 𝑚𝑜𝑠𝑡 𝑢𝑠𝑒𝑓𝑢𝑙 𝑖𝑛 𝑚𝑖𝑙𝑖𝑡𝑎𝑟𝑦 𝑠𝑒𝑟𝑣𝑖𝑐𝑒 — 𝑀-16 𝑟𝑖𝑓𝑙𝑒𝑠 𝑎𝑛𝑑 𝑡ℎ𝑒 𝑙𝑖𝑘𝑒 — 𝑚𝑎𝑦 𝑏𝑒 𝑏𝑎𝑛𝑛𝑒𝑑, 𝑡ℎ𝑒𝑛 𝑡ℎ𝑒 𝑆𝑒𝑐𝑜𝑛𝑑 𝐴𝑚𝑒𝑛𝑑𝑚𝑒𝑛𝑡 𝑟𝑖𝑔ℎ𝑡 𝑖𝑠 𝑐𝑜𝑚𝑝𝑙𝑒𝑡𝑒𝑙𝑦 𝑑𝑒𝑡𝑎𝑐ℎ𝑒𝑑 𝑓𝑟𝑜𝑚 𝑡ℎ𝑒 𝑝𝑟𝑒𝑓𝑎𝑡𝑜𝑟𝑦 𝑐𝑙𝑎𝑢𝑠𝑒.”

Not that it is capable of being banned, but that it does not fall under the prefatory clause: “A well-regulated militia, being necessary to the security of a free State.”

Then this judge goes on to write:
“𝑃𝑙𝑎𝑖𝑛𝑡𝑖𝑓𝑓𝑠 𝑐𝑜𝑢𝑛𝑡𝑒𝑟 𝑡ℎ𝑎𝑡 “𝑡ℎ𝑒 𝑆𝑢𝑝𝑟𝑒𝑚𝑒 𝐶𝑜𝑢𝑟𝑡’𝑠 𝑝𝑟𝑒𝑐𝑒𝑑𝑒𝑛𝑡𝑠 𝑑𝑜 𝑛𝑜𝑡 𝑤𝑖𝑡ℎℎ𝑜𝑙𝑑 𝑝𝑟𝑜𝑡𝑒𝑐𝑡𝑖𝑜𝑛 𝑓𝑟𝑜𝑚 𝑎𝑟𝑚𝑠 𝑚𝑒𝑟𝑒𝑙𝑦 𝑏𝑒𝑐𝑎𝑢𝑠𝑒 𝑡ℎ𝑒𝑦 𝑎𝑟𝑒 𝑢𝑠𝑒𝑓𝑢𝑙 𝑖𝑛 𝑚𝑖𝑙𝑖𝑡𝑖𝑎 𝑠𝑒𝑟𝑣𝑖𝑐𝑒.” 𝑃𝑙𝑠.’ 𝑅𝑒𝑝𝑙𝑦 𝑎𝑡 15. 𝑇ℎ𝑎𝑡 𝑚𝑎𝑦 𝑏𝑒 𝑡𝑟𝑢𝑒, 𝑏𝑢𝑡 𝑖𝑡 𝑖𝑠 𝑏𝑒𝑠𝑖𝑑𝑒 𝑡ℎ𝑒 𝑝𝑜𝑖𝑛𝑡. 𝐻𝑒𝑙𝑙𝑒𝑟 𝑒𝑠𝑡𝑎𝑏𝑙𝑖𝑠ℎ𝑒𝑑 𝑡ℎ𝑎𝑡 𝑤𝑒𝑎𝑝𝑜𝑛𝑠 𝑡ℎ𝑎𝑡 𝑎𝑟𝑒 “𝑚𝑜𝑠𝑡 𝑢𝑠𝑒𝑓𝑢𝑙 𝑖𝑛 𝑚𝑖𝑙𝑖𝑡𝑎𝑟𝑦 𝑠𝑒𝑟𝑣𝑖𝑐𝑒” 𝑎𝑟𝑒 𝑒𝑥𝑐𝑙𝑢𝑑𝑒𝑑 𝑓𝑟𝑜𝑚 𝑆𝑒𝑐𝑜𝑛𝑑 𝐴𝑚𝑒𝑛𝑑𝑚𝑒𝑛𝑡 𝑝𝑟𝑜𝑡𝑒𝑐𝑡𝑖𝑜𝑛. “𝑀𝑜𝑠𝑡” 𝑖𝑠 𝑎 𝑠𝑢𝑝𝑒𝑟𝑙𝑎𝑡𝑖𝑣𝑒. 𝐴 𝑤𝑒𝑎𝑝𝑜𝑛 𝑚𝑎𝑦 ℎ𝑎𝑣𝑒 𝑠𝑜𝑚𝑒 𝑢𝑠𝑒𝑓𝑢𝑙 𝑝𝑢𝑟𝑝𝑜𝑠𝑒𝑠 𝑖𝑛 𝑏𝑜𝑡ℎ 𝑐𝑖𝑣𝑖𝑙𝑖𝑎𝑛 𝑎𝑛𝑑 𝑚𝑖𝑙𝑖𝑡𝑎𝑟𝑦 𝑐𝑜𝑛𝑡𝑒𝑥𝑡𝑠, 𝑏𝑢𝑡 𝑖𝑓 𝑖𝑡 𝑖𝑠 𝑚𝑜𝑠𝑡 𝑢𝑠𝑒𝑓𝑢𝑙 𝑖𝑛 𝑚𝑖𝑙𝑖𝑡𝑎𝑟𝑦 𝑠𝑒𝑟𝑣𝑖𝑐𝑒, 𝑖𝑡 𝑖𝑠 𝑛𝑜𝑡 𝑝𝑟𝑜𝑡𝑒𝑐𝑡𝑒𝑑 𝑏𝑦 𝑡ℎ𝑒 𝑆𝑒𝑐𝑜𝑛𝑑 𝐴𝑚𝑒𝑛𝑑𝑚𝑒𝑛𝑡.”

Once again, the judge is 180 degrees out of phase with Heller and the writings that support it. For example, the judge failed to consider the final sentence of that Scalia writing.

Scalia wrote:
“𝐵𝑢𝑡 𝑡ℎ𝑒 𝑓𝑎𝑐𝑡 𝑡ℎ𝑎𝑡 𝑚𝑜𝑑𝑒𝑟𝑛 𝑑𝑒𝑣𝑒𝑙𝑜𝑝𝑚𝑒𝑛𝑡𝑠 ℎ𝑎𝑣𝑒 𝑙𝑖𝑚𝑖𝑡𝑒𝑑 𝑡ℎ𝑒 𝑑𝑒𝑔𝑟𝑒𝑒 𝑜𝑓 𝑓𝑖𝑡 𝑏𝑒𝑡𝑤𝑒𝑒𝑛 𝑡ℎ𝑒 𝑝𝑟𝑒𝑓𝑎𝑡𝑜𝑟𝑦 𝑐𝑙𝑎𝑢𝑠𝑒 𝑎𝑛𝑑 𝑡ℎ𝑒 𝑝𝑟𝑜𝑡𝑒𝑐𝑡𝑒𝑑 𝑟𝑖𝑔ℎ𝑡 𝑐𝑎𝑛𝑛𝑜𝑡 𝑐ℎ𝑎𝑛𝑔𝑒 𝑜𝑢𝑟 𝑖𝑛𝑡𝑒𝑟𝑝𝑟𝑒𝑡𝑎𝑡𝑖𝑜𝑛 𝑜𝑓 𝑡ℎ𝑒 𝑟𝑖𝑔ℎ𝑡.”


33 posted on 04/20/2023 3:44:04 PM PDT by Lazamataz (The firearms I own today, are the firearms I will die with. How I die will be up to them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

This eff’n moron judge needs an education in firearms, self defense, and the tools needed to over throw a tyrannous government. The later would be a short-lived lesson.


34 posted on 04/20/2023 3:47:44 PM PDT by ConservativeInPA ("How did you go bankrupt?" Bill asked. "Two ways," Mike said. "Gradually and then suddenly." )
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

If they are indeed a “poor fit” for self defense purposes, why all the exemptions for law enforcement (including secret service protection) for all these gun laws and bans? Seems to be a tacit admission that (1) More rounds do, in fact, provide a better defense; and (2) Some elites believe their bodyguards should provide them a higher level of protection than the proles have.


35 posted on 04/20/2023 3:48:55 PM PDT by frostbit (Cogito ergo bang)
[ Post Reply | Private Reply | To 1 | View Replies]

To: PROCON

36 posted on 04/20/2023 3:49:09 PM PDT by FiddlePig (The greatest threat to our sacred liberty is to not value it!””)
[ Post Reply | Private Reply | To 7 | View Replies]

To: CFW

Define large capacity.


37 posted on 04/20/2023 3:51:33 PM PDT by crusty old prospector
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

large capacity combustion engines are likely causing extreme environmental harm.

Probably we should limit them to 2 liters.

No truck or military exceptions

If we fight a war it should be totally green.

Also we should use sentinent AI robots to hunt down all enemy humans.


38 posted on 04/20/2023 3:52:04 PM PDT by algore
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

The 1860 Henry rifle carried 15 rounds in it’s magazine while the Evans Rifle carried 28 rounds.

That sure sounds “High Cap” to me!


39 posted on 04/20/2023 3:53:41 PM PDT by Ruy Dias de Bivar (“No man’s life, liberty, or property are safe while the legislature is in session.”)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CFW

Well if you say so.

Come and take it mfer.


40 posted on 04/20/2023 3:59:17 PM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-85 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson