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4th Circuit has ruled that Americans have a “fundamental right” to so-called "assault weapons"

Mr VJP

By Mr VJP,
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Mr VJP Newbie

Mr VJP

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The U.S. Court of Appeals for the 4th Circuit has ruled that Americans have a “fundamental right” to so-called assault weapons, a major victory for gun rights.

A three judge panel ruled that Maryland’s Firearm Safety Act of 2013, ban against what the court called “the vast majority of semi-automatic rifles commonly kept by several million American citizens”, is a blunt violation of the Second Amendment to the Constitution.

“In our view, Maryland law implicates the core protection of the Second Amendment — the right of law-abiding responsible citizens to use arms in defense of hearth and home,” Chief Judge William Traxler wrote in the divided ruling.
 

In his ruling, Judge Traxler sent the case back to the District Court for review, demanding they apply “strict scrutiny” – a stringent constitutional test that almost no gun control legislation can survive.

“This case was a major victory for the NRA and gun rights advocates,” said Adam Winkler, a law professor at UCLA who specializes in Second Amendment law. “This opinion is an important one because it subjects important gun control laws to the most strict form of judicial scrutiny.”

While the Supreme Court has not yet weighed in on these cases, Justice Clarence Thomas has complained that the Second Amendment was being relegated to “a second-class right.”

“If a broad ban on firearms can be upheld based on conjecture that the public might feel safer (while being no safer at all), then the Second Amendment guarantees nothing,” he wrote, and added that those earlier decisions enshrining the right to gun ownership shouldn’t be expected to “clarify the entire field.”

You can read the full ruling here (PDF link).

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Marion Proficient

Marion

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This is the Guns & Rifles forum. This is about semi-auto rifle bans. This is about getting them to the SCOTUS. That covers the SAFE Act.

Get it now?

For the record I wasn't against your post, I was merely looking for more info, all the others decided to jump down your throat

You Can't Beat My Meat!

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Mr VJP Newbie

Mr VJP

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The SAFE ACT is completely lost within the state of NY.  Besides the fact it's legislature is corrupt and it's courts are simply rubber stamps, the people in the state support it.

 

The Supreme Court is the only avenue left for the repeal of the SAFE Act.

 

Political?  For those too blind to see it, ALL gun ownership has become political!

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shawnhu Newbie

shawnhu

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The SAFE ACT is completely lost within the state of NY. Besides the fact it's legislature is corrupt and it's courts are simply rubber stamps, the people in the state support it.

The Supreme Court is the only avenue left for the repeal of the SAFE Act.

Political? For those too blind to see it, ALL gun ownership has become political!

So, we no longer need a guns and rifle forum, put everything into political? That'll be what you want, wouldn't it?

So crap all over YOUR political corner, stop spreading your crap all over the place.

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DirtTime Mentor

DirtTime

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So, we no longer need a guns and rifle forum, put everything into political? That'll be what you want, wouldn't it?

So crap all over YOUR political corner, stop spreading your crap all over the place.

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Why would they stop? It gets them post count. That's really all they care about.

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Rebel Darling Newbie

Rebel Darling

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That's great for Maryland but what does that mean for NY? Is there current legislation/appeals to overturn the unsafe act?

You Can't Beat My Meat!

 

NY Senator Kathy Marchione ® and Assemblyman Dan Stec ® paired up on legislation that amends and/or repeals many aspects of the NY SAFE Act.

 

SB 1556 / AB 2391

 

http://www.nysenate.gov/legislation/bills/2015/s1556

 

This legislation is dead on arrival in the Assembly, however.

 

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shawnhu Newbie

shawnhu

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Rob and shawn, this is pretty important for people to see. If it was put in the political section then you both would not have commented or even read it?

Sent from my SM-T810 using Tapatalk

Important or not, it's in the wrong thread.

What happens when the boy cried wolf too many times?

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The_Field_Ager Newbie

The_Field_Ager

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Rob and shawn, this is pretty important for people to see. If it was put in the political section then you both would not have commented or even read it?

 

 

Yeah they would. They can't help themselves. It's a chronic condition. They also know that's where all the kool kats hang these days. They so badly wanna be Kool

Edited by Papist
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Mr VJP Newbie

Mr VJP

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SEMIAUTOMATIC WEAPONS AND HIGH-CAPACITY MAGAZINES BANNED BY MARYLAND’S FIREARM SAFETY ACT, SEEMS DESTINED TO REACH THE SUPREME COURT

 

 

http://crimeresearch.org/2016/02/4th-circuit-court-of-appeals-decision-strikes-down-semiautomatic-weapons-and-high-capacity-magazines-banned-by-marylands-firearm-safety-act-seems-destined-to-reach-the-supreme-court/

 

If the SCOTUS hears this case and finds the semi-auto ban unconstitutional based on "strict scrutiny" and "common use", the SAFE Act will be legally declared unconstitutional!

 

It may take some time, most likely over a year, for the SCOTUS to hear the case though. 

 

Your vote in this next Presidential election may be the most important vote ever, regarding the 2nd Amendment.  Why?  Because the next POTUS may be able to appoint as many a 4 SCOTUS judges.  

 

Most pro 2nd Amendment decisions come down 5 to 4 now.  Change out one pro 2nd A judge (two of which will be in their 80's) with another Sotomeyer or Ginsberg and the 2nd A will be repealed.  If this "assault weapons" case goes to the court with the current SCOTUS judges, there is hope.  If a pro 2nd A POTUS is elected in November, I'm sure none of the Leftist judges will retire and Ginsberg will do everything she possibly can to stay alive.  But at least there will be hope for the right to bear arms in the future.

 

There hasn't been as important an issue regarding "Guns and Rifles" in the history of this country.  All firearm owners, that really believe they have a right to own firearms, best be concerned.

 

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Mr VJP Newbie

Mr VJP

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Justice Scalia, the staunchest supporter of the 2nd Amendment on the SCOTUS has died.

 

We are about to see another far left liberal appointed by Obama and you can bet the 2nd Amendment will be attacked when the next firearms case come before the court.

 

We will all remember these days as the "Good Old Days".  American gun owners are now completely screwed!

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