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Posted: 2/22/2017 10:39:27 AM EDT
Well, frankly, we got fucked.  Awesome.

http://www.ca4.uscourts.gov/Opinions/Published/141945A.P.pdf

Page 50 and 51...  "Assault weapons" and magazines are not constitutionally protected, and if they were, intermediate scrutiny would apply.  Also, apparently, a complete ban on "assault weapons" doesn't burden the core second amendment right...

Man, this is BS.

If you want your blood to boil, read the middle of page 52.
Link Posted: 2/22/2017 12:44:15 PM EDT
[#1]
Fuck them, sideways, with a cactus, dipped in vap-o-rub.
Link Posted: 2/22/2017 1:08:55 PM EDT
[#2]
Why are they referencing NYSRPA so much?

See N.Y. State Rifle & Pistol Ass’n, 804 F.3d at 260 (quoting Heller II, 670 F.3d at 1262).
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Link Posted: 2/22/2017 4:47:56 PM EDT
[#3]
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Quoted:
Why are they referencing NYSRPA so much?

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Because the Second Circus wiped their collective asses with the Heller decision.
Link Posted: 2/23/2017 1:55:06 AM EDT
[#4]
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Quoted:
Why are they referencing NYSRPA so much?

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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Why are they referencing NYSRPA so much?

See N.Y. State Rifle & Pistol Ass’n, 804 F.3d at 260 (quoting Heller II, 670 F.3d at 1262).


I'm guessing here, but I believe Scretney  wrote to the effect that "Assault weapons" were in common use and NYSRPA pointed it out in their suit.
But really, did you expect a Liberal Court in Maryland to rule any other way?  That would be akin to the second circus in NYC calling handgun Licenses un constitutional.
Link Posted: 2/23/2017 3:10:31 PM EDT
[#5]
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Quoted:


I'm guessing here, but I believe Scretney  wrote to the effect that "Assault weapons" were in common use and NYSRPA pointed it out in their suit.
But really, did you expect a Liberal Court in Maryland to rule any other way?  That would be akin to the second circus in NYC calling handgun Licenses un constitutional.
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No surprise here and it is a sad commentary that FIVE districts have now voted to uphold the bans despite Heller: 1st, 2nd, 4th, 7th and 9th.
Link Posted: 2/23/2017 3:37:09 PM EDT
[#6]
I think it's a bit ironic from our point and scary from theirs.  2nd circus thinks 2A is about defense against home robberies and such.  They intentionally ignore that 2A is much more designed for defense against over reaching government.  Then they over reach.  Meanwhile MD has a  compliance rate of 15% and NYS less than 5%.   Do they realize who the home intruders are and how insignificant their unlawful self protection is?  

I suppose it's more important to these political hacks to shoot for short term personal gain than long term stability.  Hey I saw this before it was called Uganda and Solomon Islands and Haiti and Venezuela.
Link Posted: 2/23/2017 6:25:19 PM EDT
[#7]
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Quoted:

I suppose it's more important to these political hacks to shoot for short term personal gain than long term stability.  Hey I saw this before it was called Uganda and Solomon Islands and Haiti and Venezuela.
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All places where things went straight to hell when the economy collapsed causing the Government fail, and Generals to become Dictators as they had control over the Army, and to "restore order" they confiscated arms and arrested those who not only opposed the Dictator, but had the means to back that dissent.
We in America are non believers: we may profess to believe, but will scoff or call "conspiracy theorist" when ever anyone argues a position outside the dogma of our easy lifestyle as it threatens our position of comfort and control....Reflect back: how many times have we said something couldn't happen or happen here right up until the moment it does.  
Link Posted: 2/24/2017 12:26:06 PM EDT
[#8]
Controlled demolition.
Link Posted: 3/3/2017 5:44:03 AM EDT
[#9]
Since all of these courts ruled in different ways that does create a sort of split?  If not this was pretty much our last chance at every getting our rights back, no?  Even if Trump appoints 4 Justices next week there won't be any cases for them to here.
Link Posted: 3/3/2017 9:28:13 AM EDT
[#10]
Quoted:

"Assault weapons" and magazines are not constitutionally protected, and if they were, intermediate scrutiny would apply.  .
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Clearly they missed reading Heller, which makes it clear that strict scrutiny applies.  Actually, Heller states that no level of scrutiny is sufficient to protect a natural right.   The problem is that Scalia, still being a lawyer and trying to restrain scope in the decision didn't come right out and make things crystal clear for these morons in the Circus Courts.    He should have defined "classes" he should have said "strict scrutiny is the minimum."   I think he over-estimated the ability and sensibility of the Circus Courts.

Then again, maybe it wouldn't make a difference.    2A says "shall not be infringed" it's so simple it can't be mis-construed.  Yet look where we are.
Link Posted: 3/8/2017 1:12:41 PM EDT
[#11]
The courts need to rule on this because unfortunately what I'm seeing is FRS stocks and fixed mags becoming the "new normal" and just like the last ban being the accepted normal, its only a matter of time until they pass new bans.

Every circuit applied Heller different and the Fourth just went off the rails.  They NEED to take this case.
Link Posted: 3/8/2017 4:49:14 PM EDT
[#12]
SCOTUS won't take the case. SCOTUS won't be taking any important gun cases in our lifetime. Even if we get 1 or 2 conservative judges appointed by Trump.

Just not going to happen.

So we are stuck with unSAFE unfortunately. Sucks.

And it's only going to get worse.

We are being used as political fodder by liberals. They want to punish law abiding conservatives plain and simple and " make an example" of us - especially now with how much they hate Trump. State gun laws like unSAFE are a way for them to push back at Trump.

unSAFE 2.0 here we come...No more semi autos will be our future. Maybe no more semi autos with detachable mags if we are lucky.
Link Posted: 3/20/2017 5:11:59 AM EDT
[#13]
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Quoted:
SCOTUS won't take the case. SCOTUS won't be taking any important gun cases in our lifetime. Even if we get 1 or 2 conservative judges appointed by Trump.

Just not going to happen.

So we are stuck with unSAFE unfortunately. Sucks.

And it's only going to get worse.

We are being used as political fodder by liberals. They want to punish law abiding conservatives plain and simple and " make an example" of us - especially now with how much they hate Trump. State gun laws like unSAFE are a way for them to push back at Trump.

unSAFE 2.0 here we come...No more semi autos will be our future. Maybe no more semi autos with detachable mags if we are lucky.
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I kind of feel abandoned by Trump.  There has to be something he could do federally to force SCOTUS hand.
Link Posted: 3/20/2017 8:30:39 AM EDT
[#14]
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Quoted:

I kind of feel abandoned by Trump.  There has to be something he could do federally to force SCOTUS hand.
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Trump WAS NEVER about the Second Amendment. Yes he talks a good game and got the NRA to back him. But the Second Amendment is and never was going to be a priority. He is for big business and defense. We are rapidly approaching 100 days, the period presidents have to mark their territory and get their agenda in front of congress. So far the fight is over immigration, TrumpCare and now the budget. Not to mention the incessant clatter over supposed wire tapping and the Russians. This week brings us the Gorsuch hearings. All in all pretty quiet on the 2nd Amendment. Gorsuch may provide some interesting sound bites to piss off Schumer, Gillibrand,  Warren and Blumenthal at some point. But overall I never expected Trump to lead the charge for the expansion of 2nd Amendment rights. Yes he will probably sign any bills that get through, but I do not see him pounding the podium demanding congressional action. 
Link Posted: 3/21/2017 6:40:02 PM EDT
[#15]
Like NY, Maryland's state Constitution does not contain a right to keep and bear arms. Article 1, Section 8 of the US Constitution does not authorize Congress to regulate arms at all, but the 2nd A is always pointed at by the plaintiffs and the courts. It's meaning is really to say, hey, "if you use your authorized powers of taxation to make arms un-affordable by the citizens of the state, you're infringing. Don't infringe using your authorized powers. As allegedly incorporated by the 14th A, the 2nd A's application to plaintiffs in the Maryland case could only lead to a general finding that incorporation does not exist in as it pertains to the 2nd A.
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