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Title: Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules
Source:
NBC/Associated Press
URL Source: https://www.nbcnews.com/news/us-new ... al-appeals-court-rules-n724106
Published: Feb 22, 2018
Author: AP
Post Date: 2018-02-26 10:21:11 by Deckard
Keywords: None
Views: 348
Comments: 12
ANNAPOLIS, Md. — 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. Maryland Attorney General Brian Frosh, who led the push for the law in 2013 as a state senator, said it's "unthinkable that these weapons of war, weapons that caused the carnage in Newtown and in other communities across the country, would be protected by the Second Amendment." "It's a very strong opinion, and it has national significance, both because it's en-banc and for the strength of its decision," Frosh said, noting that all of the court's judges participated. Judge William Traxler issued a dissent. By concluding the Second Amendment doesn't even apply, Traxler wrote, the majority "has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms." He also wrote that the court did not apply a strict enough review on the constitutionality of the law. "For a law-abiding citizen who, for whatever reason, chooses to protect his home with a semi-automatic rifle instead of a semi-automatic handgun, Maryland's law clearly imposes a significant burden on the exercise of the right to arm oneself at home, and it should at least be subject to strict scrutiny review before it is allowed to stand," Traxler wrote. National Rifle Association spokeswoman Jennifer Baker said, "It is absurd to hold that the most popular rifle in America is not a protected 'arm' under the Second Amendment." She added that the majority opinion "clearly ignores the Supreme Court's guidance from District of Columbia v. Heller that the Second Amendment protects arms that are 'in common use at the time for lawful purposes like self-defense.'" The NRA estimates there are 5 million to 10 million AR-15s — one of the weapons banned under Maryland's law — in circulation in the United States for lawful purposes. Asked about an appeal, Baker said the NRA is exploring all options. 
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#1. To: Deckard (#0)
(Edited)
The District of Columbia v. Heller, 554 U.S. 570 (2008) court ruling was very narrow. The U.S. Supreme Court ruled that the second amendment protected the use of handguns in the home for self-defense from federal infringement. That's it. Later, the court ruled in McDonald v. Chicago, 561 U.S. 742 (2010) that it also protected the right against state infringement. So the 4th U.S. Circuit Court of Appeals is correct that the guns banned under Maryland's law aren't protected by the Second Amendment. That doesn't mean those guns are illegal -- just that the second amendment doesn't protect them. By the way, the Constitution of Maryland contains no provision protecting the right for individuals to keep and bear arms.
In 2013 in the wake of Sandy Hook, the Maryland House voted 78 to 61 for the ban ban, and the Maryland Senate voted 28-19 for final passage. Seems like this is what the citizens of Maryland want.
Isnt that basically the same? If you have no second amendment right of protection all weapons are illegal once any govenrment body deems them to be illegal. Then you the peon I mean citizen have to prove you are not breaking the law or comply which means comply.
True. Once any government body deems them to be illegal. But AR-15's are legal in just about every state, even though they're not protected by the second amendment.
Which is absurd being that the Second Amendment is about personal protection and militia which is weapons of war ie AR15. Second Amendment is not about hunting its about peons having the right to rebel against the government if leaders gets out of hand. In my opinion if Ar15's/Ak47's weapons are not covered by the second Amendment then nothing is covered by the Second Amendment. If it only protects the nice weapons the problem is there are no nice weapons hence no 2nd Amendment.
TO EVERY FORM OF TYRANNY OVER THE MIND OF MAN" Seems to me that's pretty much the sentiment Jefferson and his fellow American founders had in mind when they protected the 1st amendment with the 2nd.
Later, the court ruled in McDonald v. Chicago, 561 U.S. 742 (2010) that it also protected the right against state infringement. So the 4th U.S. Circuit Court of Appeals is correct that the guns banned under Maryland's law aren't protected by the Second Amendment. That doesn't mean those guns are illegal -- just that the second amendment doesn't protect them. The District of Columbia v. Heller, 554 U.S. 570 (2008) court DECISION was very narrow. It applied to the case at hand, and did NOT change our Constitution . The U.S. Supreme Court ISSUED AN OPINION that the second amendment protected the use of handguns in the home for self-defense from infringements ----- So that's NOT "it." It did not change anything --- constitutionally speaking. Later, the court also decided in McDonald v. Chicago, 561 U.S. 742 (2010) that it also protected the right against state infringement. --- States have never had the power to infringe on the 2nd. So the 4th U.S. Circuit Court of Appeals is NOT correct that the guns banned under Maryland's law aren't protected by the Second Amendment. The Maryland decision doesn't mean those guns are illegal -- just that the Appeals Court is trying to say that second amendment doesn't protect them. -- Which will eventually be overruled by the SCOTUS...
Well, that's not what the U.S. Supreme Court said in Heller. They said the second amendment protects handguns in the home for self defense. Now, the second amendment may protect more than that. It may even protect machine guns for all we know. But that's not what the Heller court said. And the 4th Circuit Court is guided by that. Everyone on this forum was ecstatic that the Heller court ruled that the second amendment protected a personal right. They were even happier when the court ruled in McDonald that the second amendment applied to the states. I warned back then that we were giving 5 Justices on the U.S. Supreme Court the power to define "arms", "keep", and "bear" -- and that definition would now apply to everyone. Ten years later, here we are.
I agree 100%. Keep in mind, the entire Bill of Rights was written to impose limits only on the federal government. The second amendment was written to protect State Militias from federal infringement by protecting the rights of Militia members (the people) to keep and bear the arms of a Militia. But who were "the people" referenced in the second amendment? Not everyone. At the time the second amendment was written, "the people" didn't include women, slaves, blacks, non-citizens, children, or those who didn't own land. "The people" were those with something to lose -- white, adult, male landowners. That's also a description of a Militia member, and that's not a coincidence. Only "the people" were allowed to vote, run for office, or own land. Only they were protected from unreasonable federal searches and seizures. What about everyone else's right to keep and bear arms? That right was protected by each State's constitution (which is why we have different gun laws in each state). Why else would each state have their own constitution if the U.S. Constitution (and Bill of Rights) applied to everyone?
Pink guns are stupid. They were cute 15-20 years ago when the gays started up with their Pink Pistols. Pink is a stupid color for a gun.
Well stated.
This too was well stated.
In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Ri Richmond, Virginia, said the guns banned under Maryland's law aren't protected by by the Se by by the Second Amendment.
#2. To: Deckard (#0)
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.
#3. To: misterwhite (#1)
So the 4th U.S. Circuit Court of Appeals is correct that the guns banned under Maryland's law aren't protected by the Second Amendment. That doesn't mean those guns are illegal -- just that the second amendment doesn't protect them.
#4. To: Justified (#3)
If you have no second amendment right of protection all weapons are illegal once any govenrment body deems them to be illegal.
#5. To: misterwhite (#4)
But AR-15's are legal in just about every state, even though they're not protected by the second amendment.
#6. To: Justified, misterwhite (#5)
In my opinion if Ar15's/Ak47's weapons are not covered by the second Amendment then nothing is covered by the Second Amendment. If it only protects the nice weapons the problem is there are no nice weapons hence no 2nd Amendment.
"I HAVE SWORN UPON THE ALTAR OF GOD ETERNAL HOSTILITY
--Thomas Jefferson
Those are the words encircling the ceiling above Jefferson's statue - glaring at the Whitehouse and Capital from across the tidal basin.
ALL means of HOSTILITY, in that context, would presumably have been covered.
#7. To: misterwhite outs himself again, claims States can infringe... (#1)
The District of Columbia v. Heller, 554 U.S. 570 (2008) court ruling was very narrow. The U.S. Supreme Court ruled that the second amendment protected the use of handguns in the home for self-defense from federal infringement. That's it.
#8. To: Justified (#5)
(Edited)
Which is absurd being that the Second Amendment is about pe personal protection and militia which is weapons of war ie AR15.
#9. To: Justified (#5)
(Edited)
Second Amendment is not about hunting its about peons having the right to rebel against the government if leaders gets out of hand.
#10. To: Deckard (#0)
#11. To: All, misterwhite (#8)
#12. To: All, misterwhite (#9)
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