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Judi Lynn

(160,630 posts)
Tue Feb 21, 2017, 06:24 PM Feb 2017

US appeals court upholds Maryland assault weapons ban

Source: Associated Press


Brian Witte, Associated Press Updated 3:23 pm, Tuesday, February 21, 2017


ANNAPOLIS, Md. (AP) A federal appeals court has upheld Maryland's ban on 45 assault weapons and a 10-round limit on gun magazines.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, issued the ruling Tuesday.

The court ruled that the banned assault weapons "are not protected by the Second Amendment."

The court says: "Put simply, we have no power to extend Second Amendment protections to weapons of war" that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded from such coverage.

Read more: http://www.chron.com/news/us/article/US-appeals-court-upholds-Maryland-assault-weapons-10948756.php

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US appeals court upholds Maryland assault weapons ban (Original Post) Judi Lynn Feb 2017 OP
Gunners will put pressure on Trump to intervene, they may even ask Putin for help. Hoyt Feb 2017 #1
Heller bites gun fanciers in ass. Hoyt Feb 2017 #2
Forty three states have no AWB hack89 Feb 2017 #6
But, Court ruled Heller allows/encourages bans on so-called "Assault" weapons. We haven't seen that Hoyt Feb 2017 #7
It makes no difference hack89 Feb 2017 #8
Better run out and buy some more. Hoyt Feb 2017 #9
No real need to hack89 Feb 2017 #10
Back in the day madokie Feb 2017 #15
My best friend -- a Marine VN vet -- can't stand guns either. Hoyt Feb 2017 #19
The last thing madokie Feb 2017 #21
Now all you have to do is prove it. derby378 Feb 2017 #11
What proof do you and other gunners need? Hoyt Feb 2017 #20
Finally, a sensible ruling billh58 Feb 2017 #3
K & R!!!! 50 Shades Of Blue Feb 2017 #4
I don't think there ever was a question that AWBs are constitutional hack89 Feb 2017 #5
From DC V HELLER derby378 Feb 2017 #12
It has always been the lack of strong public support hack89 Feb 2017 #13
Much as the 3/5 compromise was predicated on simplistic popularity rather than justice. LanternWaste Feb 2017 #16
Fortunately the public supports civil rights in general hack89 Feb 2017 #17
Guns are not a civil right, look it up. And to try to associate gunz with the real civil rights is Hoyt Feb 2017 #22
So the Bill of Rights are not civil rights? hack89 Feb 2017 #23
You are the one that needs a civics class. I'm sorry, but your poor gun plight is not nearly Hoyt Feb 2017 #27
Enumerated constitutional rights are at the top of the heap hack89 Feb 2017 #28
So now it's a constitutional right. Let me make it easy for you. This is Civil RIGHTS -- Hoyt Feb 2017 #29
As I said, you need a lesson in civics. hack89 Feb 2017 #30
Its about fuking time madokie Feb 2017 #14
None of which has anything to do with an assault weapons ban (nt) Recursion Feb 2017 #24
The opinion is a huge contradiction Buckeyeblue Feb 2017 #18
It's still a stupid law that doesn't do what people think it does, but I agree with the court Recursion Feb 2017 #25
So how many assault weapons are there? I know more than 45. Rex Feb 2017 #26
 

Hoyt

(54,770 posts)
7. But, Court ruled Heller allows/encourages bans on so-called "Assault" weapons. We haven't seen that
Tue Feb 21, 2017, 10:24 PM
Feb 2017

interpretation before. According to gunners, Heller was a "landmark" decision on gunners right to arm up with all type weapons. Here we have a unique interpretation of Heller. Now, the other unique interpretation will be that Heller only applies to guns in home and is evidence the Supreme Court is against the carrying of weapons in society by anti-social, paranoid gun goofs. I like it. Better go oil yours up.

hack89

(39,171 posts)
8. It makes no difference
Wed Feb 22, 2017, 12:28 AM
Feb 2017

it is not court rulings that are stopping states from adopting AWBs but the lack of broad public support. Look at my state, Rhode Island - every year an AWB is proposed and every year it gets shot down. And this in a blue Democrat dominated state.

Of course my rifles are well oiled - they work better that way. And since I will be shooting them for years to come it is important that they don't wear out prematurely.

madokie

(51,076 posts)
15. Back in the day
Wed Feb 22, 2017, 05:28 PM
Feb 2017

when I was in 'Nam the last thing you wanted was a 'well oiled' gun. cleaned, lightly oiled then wiped dry otherwise you'd have a misfiring weapon just when you need it the most. Oil attracts dust/dirt/sand, not good for a smooth action. IMO

Of course I don't and won't own a gun in todays world. back when I was in a war yup I carried a weapon at all times, sometimes slept with one but not here stateside in a somewhat civilized world. my part is long enough If you get my drift

 

Hoyt

(54,770 posts)
19. My best friend -- a Marine VN vet -- can't stand guns either.
Wed Feb 22, 2017, 06:07 PM
Feb 2017

All these fools running around with "assault" weapons -- playing army -- cracks me up. I guess a lot of them are really into white wing militias nowadays.

I do get your drift, but don't need specifics. LOL

hack89

(39,171 posts)
5. I don't think there ever was a question that AWBs are constitutional
Tue Feb 21, 2017, 09:52 PM
Feb 2017

Heller specifically allows strict regulation of guns.

derby378

(30,252 posts)
12. From DC V HELLER
Wed Feb 22, 2017, 04:54 PM
Feb 2017

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. See, e.g., Sheldon, in 5 Blume 346; Rawle 123; Pomeroy 152–153; Abbott333. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. See, e.g., State v. Chandler, 5 La. Ann., at 489–490; Nunn v. State, 1 Ga., at 251; see generally 2 Kent *340, n. 2; The American Students’ Blackstone 84, n. 11 (G. Chase ed. 1884). Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment , nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those "in common use at the time." 307 U. S., at 179. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of "dangerous and unusual weapons." See 4 Blackstone 148–149 (1769); 3 B. Wilson, Works of the Honourable James Wilson 79 (1804); J. Dunlap, The New-York Justice 8 (1815); C. Humphreys, A Compendium of the Common Law in Force in Kentucky 482 (1822); 1 W. Russell, A Treatise on Crimes and Indictable Misdemeanors 271–272 (1831); H. Stephen, Summary of the Criminal Law 48 (1840); E. Lewis, An Abridgment of the Criminal Law of the United States 64 (1847); F. Wharton, A Treatise on the Criminal Law of the United States 726 (1852). See also State v. Langford, 10 N. C. 381, 383–384 (1824); O’Neill v. State, 16Ala. 65, 67 (1849); English v. State, 35Tex. 473, 476 (1871); State v. Lanier, 71 N. C. 288, 289 (1874).

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. But as we have said, the conception of the militia at the time of the Second Amendment's ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty. It may well be true today that a militia, to be as effective as militias in the 18th century, would require sophisticated arms that are highly unusual in society at large. Indeed, it may be true that no amount of small arms could be useful against modern-day bombers and tanks. 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.

hack89

(39,171 posts)
13. It has always been the lack of strong public support
Wed Feb 22, 2017, 05:14 PM
Feb 2017

That has hamstrung gun control in America - not the 2A

 

LanternWaste

(37,748 posts)
16. Much as the 3/5 compromise was predicated on simplistic popularity rather than justice.
Wed Feb 22, 2017, 05:37 PM
Feb 2017

Much as the 3/5 compromise was predicated on simplistic popularity dedicated to the lowest common denominators rather than justice.

hack89

(39,171 posts)
17. Fortunately the public supports civil rights in general
Wed Feb 22, 2017, 06:02 PM
Feb 2017

The expansion of civil rights over my life time is a wonderful thing.

 

Hoyt

(54,770 posts)
22. Guns are not a civil right, look it up. And to try to associate gunz with the real civil rights is
Wed Feb 22, 2017, 08:09 PM
Feb 2017

shameful.

hack89

(39,171 posts)
23. So the Bill of Rights are not civil rights?
Wed Feb 22, 2017, 08:50 PM
Feb 2017

I think you need to take a civics class. In America, there is nothing higher when it comes to rights than the Constitution.

 

Hoyt

(54,770 posts)
27. You are the one that needs a civics class. I'm sorry, but your poor gun plight is not nearly
Wed Feb 22, 2017, 10:09 PM
Feb 2017

as important as civil rights like those fought for by Blacks, women, etc.


http://civilrights.findlaw.com/civil-rights-overview/civil-rights-vs-civil-liberties.html

"It is important to note the difference between "civil rights" and "civil liberties." The legal area known as "civil rights" has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing. "Civil liberties" concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers. Civil liberties include:

Freedom of speech
The right to privacy
The right to be free from unreasonable searches of your home
The right to a fair court trial
The right to marry
The right to vote

"One way to consider the difference between "civil rights" and "civil liberties" is to look at 1) what right is affected, and 2) whose right is affected. For example, as an employee, you do not have the legal right to a promotion, mainly because getting a promotion is not a guaranteed "civil liberty." But, as a female employee you do have the legal right to be free from discrimination in being considered for that promotion -- you cannot legally be denied the promotion based on your gender (or race, or disability, etc.). By choosing not to promote a female worker solely because of the employee's gender, the employer has committed a civil rights violation and has engaged in unlawful employment discrimination based on sex or gender."
_____

Besides, gunners interpretation of the 2nd Amendment is quite different from everyone else.

Maybe you should read up on things like "The Second Amendment Was Ratified to Preserve Slavery."

http://www.truth-out.org/news/item/13890-the-second-amendment-was-ratified-to-preserve-slavery

http://www.rawstory.com/2016/07/the-second-amendment-was-ratified-to-preserve-slavery/

https://www.theatlantic.com/politics/archive/2015/09/the-origins-of-public-carry-jurisprudence-in-the-slave-south/407809/

http://www.motherjones.com/politics/2008/03/whitewashing-second-amendment

https://www.law.cornell.edu/supct/html/07-290.ZD.html



hack89

(39,171 posts)
28. Enumerated constitutional rights are at the top of the heap
Wed Feb 22, 2017, 10:11 PM
Feb 2017

In the US legal system. There is absolutely nothing higher.

 

Hoyt

(54,770 posts)
29. So now it's a constitutional right. Let me make it easy for you. This is Civil RIGHTS --
Wed Feb 22, 2017, 10:47 PM
Feb 2017




This is not, no matter how gunners try to couch it:

madokie

(51,076 posts)
14. Its about fuking time
Wed Feb 22, 2017, 05:22 PM
Feb 2017

they refer to some of these weapon variants as weapons of war, cause that is exactly what some are. No hunter of game needs a thirty round clip, nor a 20 for that matter, hell the argument can be made for a ten round clip as far as that goes. Only hunters of the ultimate game have a need for such. IMHO

Buckeyeblue

(5,502 posts)
18. The opinion is a huge contradiction
Wed Feb 22, 2017, 06:05 PM
Feb 2017

The court admits that the idea of a public militia is outdated and just plain impossible, yet says that the right cannot be ignored. That makes no sense. If there is no reasonable expectation of the need or effectiveness of a militia, there is no right to bare arms.

I'm not against guns. For some people hunting is very much a tradition, if not a culture. I don't think anyone needs an assult weapon. I'm skeptical of the need to carry. Most people are not trained or capable of acting rationally in a crisis.

I don't own a gun. I've shot all types of guns. It's fun but that doesn't change my opinion.

I love arguing second amendment with gun people. They don't understand the context and the don't understand the long american history of gun laws.

Recursion

(56,582 posts)
25. It's still a stupid law that doesn't do what people think it does, but I agree with the court
Wed Feb 22, 2017, 08:56 PM
Feb 2017

It is within the state's constitutional powers to regulate guns stupidly.

But, in all seriousness: we need to pick a different hill to die on. If we want to ban rapid-fire rifles, we should ban them, but passing laws regulating their grip shape and whether or not they can accept a bayonet is an absurd waste of time.

 

Rex

(65,616 posts)
26. So how many assault weapons are there? I know more than 45.
Wed Feb 22, 2017, 09:18 PM
Feb 2017

That shouldn't piss off to many gun people (there has to be 1000s of assault weapons types), but I bet the 10 round limit does.

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