Assault Weapons Ban would be unconstitutional. "A State Militia must be maintained and well regulated"

The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.

The National Guard has many assault rifles and many other cool weapons. They are the State Militias, who were always ultimately under the command of the CiC. Not the private gun clubs.

"A well regulated Militia," means trained in the art of war.
That comma in the 2nd Amendment must short circuit the lefts brain or something because you people always leave out everything after it.
Wrong.

The "left" follows what the Supreme Court says about the Second Amendment, unlike far too many on the right.


No...they don't. The leftists on the 9th, 4th, 2nd circuit courts ignore the rulings in Heller, Miller, Caetano and just make up their own decisions when it comes to rifle and magazine bans as well as carry permits.....as the 9th ruling on magazines and concealed carry show.....
Wrong.

The Supreme Court has never ruled on the constitutionality of magazine capacity restrictions or carry permits.

A law or measure is presumed to be Constitutional until the Supreme Court rules otherwise (see US v. Morrison (2000)).

The "left” in fact follows what the Supreme Court says about the Second Amendment, unlike far too many on the right.


You are wrong...Heller did this.....Caetano did this citing Heller.......and the lower courts ignore those rulings, and make up fake reasons why Heller supports banning various carry laws, magazines and rifles....Heller forbids all of it, and Caetano repeats what Heller

See posts 179,180, and 182

Each post addresses your frivolous claims....
 
..........."shall not be infringed" Many states are in violation right now.
Wrong

No state's firearm regulatory measures violates the Second Amendment, the Supreme Court having never invalidated such measures.


WHAT A LOAD OF BULL
More ignorance from the right.

Cite a Supreme Court case invalidating a state’s firearm regulatory measure.

The Court has never ruled on a state’s AWB.

The Court has never ruled on a state’s magazine capacity restriction.

The Court has never ruled on a state’s UBC requirement.

The Court has never ruled on a state’s may-issue law concerning concealed carry permits.

The Court has never ruled on a state’s waiting period or gun purchase limits.

All the above measures are perfectly Constitutional until the Supreme Court rules otherwise.


The Court has never ruled on a state’s may-issue law concerning concealed carry permits.

Heller, 554 U. S., at 627, and that the Second Amendment accordingly guarantees the right to carry weapons “typically possessed by law-abiding citizens for lawful purposes,” id., at 625.

-----
Heller defined the “Arms” covered by the Second Amendment to include “‘any thing that a man wears for his defence, or takes into his Heller defined the “Arms” covered by the Second Amendment to include “‘any thing that a man wears for his defence, or takes into his

======================
Under the decision below, however, virtually every covered arm would qualify as “dangerous.”
-----
If Heller tells us anything, it is that firearms cannot be categorically prohibited just because they are dangerous. 554 U. S., at 636
----

Otherwise, a State would be free to ban all weapons except handguns, because “handguns are the most popular weapon chosen by Americans for self-defense in the home.” Heller, supra, at 629.
---
While less popular than handguns, stun guns are widely owned and accepted as a legitimate means of self-defense across the country. Massachusetts’ categorical ban of such weapons therefore violates the Second Amendment.
----
The Supreme Judicial Court suggested that Caetano could have simply gotten a firearm to defend herself. 470 Mass., at 783, 26 N. E. 3d, at 695. But the right to bear other weapons is “no answer” to a ban on the possession of protected arms. Heller, 554 U. S., at 629.
 
There is precedence in the courts going as far back as U.S. vs Miller 1939 and U.S. vs Lewis 1980 affirming what Miller ruled upon
Opinion of the Court
In order for a firearm to be protected by the second amendment, it must have some reasonable relationship to the preservation or efficiency of a well-regulated militia, in common use of the time, and supplied by the citizen.
Having a reasonable relationship to the preservation or efficiency of a well-regulated militia is clearly a determinant concerning militia.

Given that the "assault weapon" as we now define it did not exist in 1939, and given that the right to bear arms had not been extended by the Court beyond a militia to apply to the citizenry until 2008, and given that Justice Scalia had noted at that time that "some limitations that can be imposed," and "What they are will depend on what the society understood were reasonable limitations at the time” makes it clear that revision predicated upon changing technology and societal understanding is eminently applicable.

You are wrong....

makes it clear that revision predicated upon changing technology and societal understanding is eminently applicable.

https://www.supremecourt.gov/opinions/07pdf/07-290.pdf

Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment.

We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35–36 (2001), 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.

--------
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.
Assault weapon bans are very constitutional. The US Congress passed one in the 1990s and many states have them.
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.
Assault weapon bans are very constitutional. The US Congress passed one in the 1990s and many states have them.


Heller and Caetano, the Supreme Court rulings say you are wrong.
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.

Totally not true.

Number one. The right to keep arms is, in fact, a limit on the US federal govt (and now state govts). This means that the US federal govt (and now state govts) cannot prevent you from owning arms.

They can prevent you from having nukes, SAMS, tanks and other weaponry, as long as individuals can own "arms" then they can limit which arms they can have.

"assault rifles" can be banned, and individuals can still "keep arms".

Secondly, the right is not connected to the militia. If it were it'd be pointless.

The whole reason for the 2A is so that when the militia is called up into federal service that they can't take the militia's weaponry away, because it's not the militia's weaponry, it's individual's weaponry.

Thirdly, "the militia" now is the "unorganized militia" which is every male from a certain age to a certain age, and the National Guard. The "unorganized militia" exists as a non-entity to stop people demanding their right to "bear arms", otherwise known as the right to be in the militia.

The "unorganized militia", by its very nature, doesn't need to be "well regulated" any more. It's been annulled as an issue.
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.

Totally not true.

Number one. The right to keep arms is, in fact, a limit on the US federal govt (and now state govts). This means that the US federal govt (and now state govts) cannot prevent you from owning arms.

They can prevent you from having nukes, SAMS, tanks and other weaponry, as long as individuals can own "arms" then they can limit which arms they can have.

"assault rifles" can be banned, and individuals can still "keep arms".

Secondly, the right is not connected to the militia. If it were it'd be pointless.

The whole reason for the 2A is so that when the militia is called up into federal service that they can't take the militia's weaponry away, because it's not the militia's weaponry, it's individual's weaponry.

Thirdly, "the militia" now is the "unorganized militia" which is every male from a certain age to a certain age, and the National Guard. The "unorganized militia" exists as a non-entity to stop people demanding their right to "bear arms", otherwise known as the right to be in the militia.

The "unorganized militia", by its very nature, doesn't need to be "well regulated" any more. It's been annulled as an issue.


"assault rifles" can be banned, and individuals can still "keep arms".

First.....the definition of "Assault Rifle."

Assault Weapon:

A combination of two words placed together to create fear among uninformed Americans, so that those uninformed Americans can be stampeded into granting anti-gun extremists the power to ban and confiscate any gun those same extremists call "Assault Weapons."

Second....

Heller, Miller, Caetano, from the Supreme Court say you are wrong on the banning of rifles.......

Scalia, in Friedman v Highland Park states AR-15 rifles and others like it are protected by the 2nd Amendment....keeping in mind Scalia wrote the majority opinion in Heller.

https://www.supremecourt.gov/opinions/15pdf/15-133_7l48.pdf
The question under Heller is not whether citizens have adequate alternatives available for self-defense.

Rather, Heller asks whether the law bans types of firearms commonly used for a lawful purpose—regardless of whether alternatives exist. 554 U. S., at 627–629. And Heller draws a distinction between such firearms and weapons specially adapted to unlawful uses and not in common use, such as sawed-off shotguns. Id., at 624–625.
The City’s ban is thus highly suspect because it broadly prohibits common semiautomatic firearms used for lawful purposes.


Roughly five million Americans own AR-style semiautomatic rifles. See 784 F. 3d, at 415, n. 3. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. See ibid. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons. See McDonald, 561 U. S., at 767–768; Heller, supra, at 628–629.

 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.
Assault weapon bans are very constitutional. The US Congress passed one in the 1990s and many states have them.


Heller and Caetano, the Supreme Court rulings say you are wrong.
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.

The National Guard has many assault rifles and many other cool weapons. They are the State Militias, who were always ultimately under the command of the CiC. Not the private gun clubs.

"A well regulated Militia," means trained in the art of war.

A "militia" is comprised of civilians whom are NOT under the command of government. We all learned that by third grade...you didn't?

That is known as a private militia, and all 50 states have laws making them illegal.
Lying pos.
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.
Assault weapon bans are very constitutional. The US Congress passed one in the 1990s and many states have them.


Heller and Caetano, the Supreme Court rulings say you are wrong.


I cited actual supreme Court rulings.......Heller makes any rifle ban unConstitutional...that the lower courts are ignoring Heller, Caetano and Miller doesn't make their actions Constitutional, just illegal.
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.

The National Guard has many assault rifles and many other cool weapons. They are the State Militias, who were always ultimately under the command of the CiC. Not the private gun clubs.

"A well regulated Militia," means trained in the art of war.

A "militia" is comprised of civilians whom are NOT under the command of government. We all learned that by third grade...you didn't?

That is known as a private militia, and all 50 states have laws making them illegal.
Lying pos.
Perhaps you can name a state where private militias are legal.
 
You are wrong....

makes it clear that revision predicated upon changing technology and societal understanding is eminently applicable.

https://www.supremecourt.gov/opinions/07pdf/07-290.pdf

As Anton Scalia stated, clearly and unambiguously, following the 5-4 Heller decision in 2008 in regard to future laws regarding guns, "What they are will depend on what the society understood were reasonable limitations at the time” makes it clear that revision predicated upon changing technology and societal understanding is eminently applicable.

Most Americans seem to have had quite enough of the slaughter occasioned by firearm permissiveness in America, and support reasonable limitations.

3/29/2021​
A majority of voters support stricter gun laws in the U.S., a new Hill-HarrisX poll finds.
Fifty-seven percent of registered voters in the March 24-26 survey said there should be more laws regulating guns in the country.
By contrast, 13 percent of respondents said there should be less laws while 30 percent said the laws regulating guns should remain the same.
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.
Assault weapon bans are very constitutional. The US Congress passed one in the 1990s and many states have them.


Heller and Caetano, the Supreme Court rulings say you are wrong.


I cited actual supreme Court rulings.......Heller makes any rifle ban unConstitutional...that the lower courts are ignoring Heller, Caetano and Miller doesn't make their actions Constitutional, just illegal.
YOU ARE AN IDIOT
 
Perhaps you can name a state where private militias are legal.
The state of imagination of fanatical firearm fondlers. Elsewhere, the Constitution applies.

The U.S. Constitution and state laws use the term “militia” to refer to all able-bodied residents between certain ages who may be called forth by the government when there is a specific need; but private individuals have no legal authority to activate themselves for militia duty outside the authority of the federal or state government. The ... Second Amendment does not protect private militia activity, pointing to decisions from the U.S. Supreme Court in 1886 and 2008 making clear that the Second Amendment “does not prevent the prohibition of private paramilitary organizations.” ...
All 50 states prohibit private, unauthorized groups from engaging in activities reserved for the state militia, including law enforcement activities.
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.
Assault weapon bans are very constitutional. The US Congress passed one in the 1990s and many states have them.


Heller and Caetano, the Supreme Court rulings say you are wrong.


I cited actual supreme Court rulings.......Heller makes any rifle ban unConstitutional...that the lower courts are ignoring Heller, Caetano and Miller doesn't make their actions Constitutional, just illegal.
YOU ARE AN IDIOT
no leftists who support tyranny are stupid
you are a moron
 
Perhaps you can name a state where private militias are legal.
The state of imagination of fanatical firearm fondlers. Elsewhere, the Constitution applies.

The U.S. Constitution and state laws use the term “militia” to refer to all able-bodied residents between certain ages who may be called forth by the government when there is a specific need; but private individuals have no legal authority to activate themselves for militia duty outside the authority of the federal or state government. The ... Second Amendment does not protect private militia activity, pointing to decisions from the U.S. Supreme Court in 1886 and 2008 making clear that the Second Amendment “does not prevent the prohibition of private paramilitary organizations.” ...
All 50 states prohibit private, unauthorized groups from engaging in activities reserved for the state militia, including law enforcement activities.
The people are the militia they are the last defense against tyranny of the democrats
 
The United States constitution clearly states that a "States militia must be well regulated and maintained." A weapon of a "States militia" is an assault rifle. Any ban would violate the United States constitution.

The National Guard has many assault rifles and many other cool weapons. They are the State Militias, who were always ultimately under the command of the CiC. Not the private gun clubs.

"A well regulated Militia," means trained in the art of war.
That comma in the 2nd Amendment must short circuit the lefts brain or something because you people always leave out everything after it.
Wrong.

The "left" follows what the Supreme Court says about the Second Amendment, unlike far too many on the right.


No...they don't. The leftists on the 9th, 4th, 2nd circuit courts ignore the rulings in Heller, Miller, Caetano and just make up their own decisions when it comes to rifle and magazine bans as well as carry permits.....as the 9th ruling on magazines and concealed carry show.....
Wrong.

The Supreme Court has never ruled on the constitutionality of magazine capacity restrictions or carry permits.

A law or measure is presumed to be Constitutional until the Supreme Court rules otherwise (see US v. Morrison (2000)).

The "left” in fact follows what the Supreme Court says about the Second Amendment, unlike far too many on the right.
you're batting a 1000 on failure
 
..........."shall not be infringed" Many states are in violation right now.
Wrong

No state's firearm regulatory measures violates the Second Amendment, the Supreme Court having never invalidated such measures.


WHAT A LOAD OF BULL
More ignorance from the right.

Cite a Supreme Court case invalidating a state’s firearm regulatory measure.

The Court has never ruled on a state’s AWB.

The Court has never ruled on a state’s magazine capacity restriction.

The Court has never ruled on a state’s UBC requirement.

The Court has never ruled on a state’s may-issue law concerning concealed carry permits.

The Court has never ruled on a state’s waiting period or gun purchase limits.

All the above measures are perfectly Constitutional until the Supreme Court rules otherwise.
AWB are infringements
Magazines bans are infringements
Requirments by a state are an infringement
may issue is an infringement
Waiting periods are an infringement
The right of the people to keep and bear arms SHALL NOT BE INFRINGED
 

Forum List

Back
Top