Assault weapons are not protected by the 2nd amendment, court rules

[Berniewood Hogan]

Trump's taking away your guns.

Assault Weapons Are Not Protected By the Second Amendment, Appeals Court Rules

A federal appeals court on Tuesday upheld Maryland’s ban on assault weapons and high-capacity magazines, ruling that Second Amendment protections do not extend to what it called “weapons of war.”

Writing for the 10-4 majority, Judge Robert King of the Fourth Circuit Court of Appeals in Richmond, Virginia, said that the landmark Heller v. District of Columbia decision rendered in 2008 explicitly allows governments to regulate firearms similar in design and function to those issued to members of the military.

“We are convinced that the banned assault weapons and large-capacity magazines are among those arms that are ‘like’ M-16 rifles — ‘weapons that are most useful in military service’ — which the Heller Court singled out as being beyond the Second Amendment’s reach,” the decision reads. “Put simply, we have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage.”

 

[DEAD7]

 

[Poetical Poltergeist]

Trumps tweet should be coming soon.

 

[Regular_P]

 

[88m3]

great

 

[JahFocus CS]

Judicial activists inventing an artificial classification of weapons to ban them and restrict people's rights.

The 2nd Amendment is pretty damn clear when it says, "the right of the people to keep and bear Arms, shall not be infringed."

 

[Broke Wave]

Judicial activists inventing an artificial classification of weapons to ban them and restrict people's rights.

The 2nd Amendment is pretty damn clear when it says, "the right of the people to keep and bear Arms, shall not be infringed."

That's poor logic. That does not mean people have unrestricted access to arms. Secondly, one could convincingly argue that the arms could be restricted to the pursuit of a well regulated militia, as the constitution itself makes that distinction.

 

[Scoop]

Not the first time judges have ruled this.

It'll go to SCOTUS

 

[Berniewood Hogan]

artificial classification of weapons

The distinction is clear.

No more Turner Diaries fantasies for you.

 

[JahFocus CS]

That's poor logic. That does not mean people have unrestricted access to arms. Secondly, one could convincingly argue that the arms could be restricted to the pursuit of a well regulated militia, as the constitution itself makes that distinction.

No it isn't poor logic. You can't arbitrarily make up classes of firearms and put the ones you don't like in a category and ban them.

Also, what weapons don't have a military application?

I'm not even making an argument against reasonable restrictions like background checks. But several states like New Jersey with their checks and "may issue" standards have effectively hollowed out the 2nd Amendment.

If you don't like the 2nd Amendment, work to repeal it. Don't rely on anti-gun judges to legislate from the bench.

 

[JahFocus CS]

The distinction is clear.

No more Turner Diaries fantasies for you.

So all supporters of the right to bear arms are cac supremacists? You're an idiot. Do you realize the origins of gun control lay in racism and the effort the prevent Afrikans and Indigenous people from having access to the means to defend themselves?

 

[Pressure]

I live in the south.

 

[Fillerguy]

I believe guns should be heavily regulated but this doesn't make sense. There's about as much difference between knife/sword as there is between a handgun/assault rifle.


Might as well just ban guns altogether if you're cut hairs on the different types of guns. And aren't hand guns used in war? This is some half measure political nonsense to appease/infuriate bothsides.

 

[David_TheMan]

Its funny because the Supreme Court banned shotguns from private use specificially because it claimed they weren't weapons of war and that only weapons of war were protected under the 2nd amendement.

It will be interesting to see how this is ruled when it goes to the Supreme Court.

 

[ORDER_66]

Who didn't see this coming???