2aguy
Diamond Member
- Jul 19, 2014
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The 4th Circuit ignored the 2nd Amendment and ignored at least three prior Supreme Court rulings to make up their decision to ban rifles with magazines, and magazines that hold more than 10 bullets......it is now being appealed to the Supreme Court...
Maryland "Assault Weapon" Ban Appealed to U.S. Supreme Court - The Truth About Guns
This is an area of law the Supreme Court should address. Handguns are used in crime, murder and even mass killings far more often than semi-automatic rifles. If handguns are protected by the Second Amendment, it would be absurd to conclude that semi-automatic rifles and standard capacity magazines are not.
Moreover, the Second Amendment has a clear military component. If one purpose of the Second Amendment is to be able to form effective militias, then the right to keep and bear effective militia weapons is protected. Semi-automatic rifles are the epitome of a militia weapon.
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In a case reviewed by the Supreme Court, but not addressed by the Fourth Circuit, the Supreme Court unanimously held, in the Caetano PER CURIAM decision (pdf), that:
The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v.Chicago, 561 U. S. 742, 750 (2010).
Rifles, as a group, are arms that are least likely to be used in homicides. The Fourth Circuit cleverly avoided considering that fact by preemptively excluding those rifles from the protection of the Second Amendment. Because they excluded the rifles from Second Amendment protection, the Court avoided the requirement to apply strict scrutiny to the law.
Maryland "Assault Weapon" Ban Appealed to U.S. Supreme Court - The Truth About Guns
This is an area of law the Supreme Court should address. Handguns are used in crime, murder and even mass killings far more often than semi-automatic rifles. If handguns are protected by the Second Amendment, it would be absurd to conclude that semi-automatic rifles and standard capacity magazines are not.
Moreover, the Second Amendment has a clear military component. If one purpose of the Second Amendment is to be able to form effective militias, then the right to keep and bear effective militia weapons is protected. Semi-automatic rifles are the epitome of a militia weapon.
----
In a case reviewed by the Supreme Court, but not addressed by the Fourth Circuit, the Supreme Court unanimously held, in the Caetano PER CURIAM decision (pdf), that:
The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v.Chicago, 561 U. S. 742, 750 (2010).
Rifles, as a group, are arms that are least likely to be used in homicides. The Fourth Circuit cleverly avoided considering that fact by preemptively excluding those rifles from the protection of the Second Amendment. Because they excluded the rifles from Second Amendment protection, the Court avoided the requirement to apply strict scrutiny to the law.
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