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Gun Control/2nd Amendment Discuss 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban at the General Forum; The 4th circuit court of appeals has struck down a Maryland ban of assault weapons and magazines that hold more ...

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Old 02-04-2016, 04:28 PM
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Default 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

The 4th circuit court of appeals has struck down a Maryland ban of assault weapons and magazines that hold more than 10 rounds saying that the, "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,'”.

They sent the case back down and demanded that the 2nd Amendment should be applied using Strict Scrutiny.

This case creates conflict in the Circuits increasing the likelihood SCOTUS will take this case on appeal.

Here is the ruling (pdf reader frame will open):
http://michellawyers.com/wp-content/...an_Opinion.pdf


Washington Post article:

https://www.washingtonpost.com/local...c2f_story.html
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Old 02-04-2016, 05:09 PM
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Default Re: 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

There need be no conflict. The courts that appear to be confused need to understand what "shall not be infringed" means.
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Old 02-04-2016, 05:21 PM
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Default Re: 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

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There need be no conflict. The courts that appear to be confused need to understand what "shall not be infringed" means.
If it could be that easy . . .

Thing is though, I would rather not have the protection of a pre-existing right (which does not in any manner depend upon the Constitution) to be entirely dependent on lawyers and judges agreeing on an interpretation of a word in the Constitution.
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Old 02-04-2016, 05:51 PM
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Default Re: 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

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If it could be that easy . . .

Thing is though, I would rather not have the protection of a pre-existing right (which does not in any manner depend upon the Constitution) to be entirely dependent on lawyers and judges agreeing on an interpretation of a word in the Constitution.
It may yet get to that level of thinking. People are getting tired of the government thinking they have authority over unalienable rights.

Wait for the peanut gallery (I support firearms but) to chime in.
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Old 02-05-2016, 03:33 AM
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Default Re: 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

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Originally Posted by Jeerleader View Post
and magazines that hold more than 10 rounds
That's stupid. Anyone who is a gun owner can change out a magazine in 10 seconds max.
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Old 02-05-2016, 07:08 AM
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Default Re: 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

"I would rather not have the protection of a pre-existing right (which does not in any manner depend upon the Constitution) to be entirely dependent on lawyers and judges agreeing on an interpretation of a word in the Constitution."

A right is not a right if it can be changed by different group of black-robed statists. Judges, and words on a piece of paper do not protect your rights.

Your guns do.

They never learn, and unfortunately but likely and eventually, they are going to need to be taught again.
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Old 02-05-2016, 08:26 AM
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Default Re: 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

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Originally Posted by Manitou View Post
It may yet get to that level of thinking. People are getting tired of the government thinking they have authority over unalienable rights.
In all honesty that will not happen until SCOTUS revisits The Slaughterhouse Cases and reverses itself thus reinvigorating the "privileges or immunities" clause of the 14th Amendment. As long as we the people are forced to prove personal harm from a "due process" violation from an already enacted law, the concept that we enjoy a condition of "liberty" from government exercising powers it does not possess, is just theoretical.

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Wait for the peanut gallery (I support firearms but) to chime in.
A reply would need to be focused on the constitutional / legal underpinnings of the case and the court's reasoning on why the Assault Weapons Ban and 10 round limit is unconstitutional.

They have nothing but emotion and liberal brainwashing to ground their gun policy positions on so I predict there will be nothing coming from them.
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Old 02-05-2016, 08:28 AM
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Default Re: 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

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That's stupid. Anyone who is a gun owner can change out a magazine in 10 seconds max.
I agree but that reasoning has no bearing on why the limit was found unconstitutional on 2nd Amendment grounds.
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Old 02-05-2016, 08:35 AM
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Default Re: 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

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I agree but that reasoning has no bearing on why the limit was found unconstitutional on 2nd Amendment grounds.
Reasoning does not seem to enter into any of the anti gun laws that have been proposed. Gun control is all about control.
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Old 02-05-2016, 08:49 AM
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Default Re: 4th Circuit Strikes down Maryland's Assault Weapon/Magazine Ban

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Originally Posted by G_Link View Post
A right is not a right if it can be changed by different group of black-robed statists. Judges, and words on a piece of paper do not protect your rights.
The movement has generally been in the right direction in the last 20 years. The 66 years of perversion of the 2nd Amendment isn't going to be corrected overnight.

Understand also we need the decisions that run counter to what we know to be true. We need leftist judges to misapply Heller and write disconnected from the Constitution opinions; that gives us a post-Heller interpretation of the 2nd Amendment to appeal and argue against -- and the goofier and nuttier those opinions are, all the better!

This last decision in the 4th holding an assault weapons ban to be unconstitutional stands in conflict with decisions in other Circuits holding them to be constitutional. As much as we hate those decisions and want to drag those judges off the bench and tar & feather them, we need them and their idiocy to get to SCOTUS; without conflict in the lower courts, SCOTUS stays out of it. The quicker these conflicting Circuit decisions pile up and as I said, the nuttier the leftist opinions are, the quicker reform will happen. I'm thrilled we got one on our side so soon; that is is so well written and consise -- and that it uses anti-gun scholarship to make gun rights points is great.

Quote:
Originally Posted by G_Link View Post
Judges, and words on a piece of paper do not protect your rights.

Your guns do.
I say we give the courts a bit more time.

Quote:
Originally Posted by G_Link View Post
They never learn, and unfortunately but likely and eventually, they are going to need to be taught again.
Perhaps but now ain't the time for torches and pitchforks.

We need to work in the system and the first priority is getting a President elected that will nominate people to SCOTUS who will respect their oaths to the Constitution.


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Last edited by Jeerleader; 02-05-2016 at 08:55 AM..
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