2aguy
Diamond Member
- Jul 19, 2014
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- #201
an AR15 is a basic commonplace small caliber semiautomatic rifle and small caliber semiautomatic rifles have been on the civilian market for over 100 years.Hey...Daryl hunt........you were saying about the colorado AR-15 ban?
Now, a Colorado judge has tossed the AR-15 ban in the trash bin, along with the provision prohibiting ownership of magazines that carry more than 10 rounds. That’s the backdoor gun ban right there. It’s not just about the rifle. It’s about curbing constitutional gun rights by these magazine laws.
A host of firearms that aren’t AR-15 rifles have magazines with more than 10 rounds. This law would effectively ban them too.
We all see what you’re doing here, liberal America (via Free Beacon):
Colorado Judge Takes a Katana to Boulder's AR-15 Ban
We touched on this back in 2018. Boulder, Colorado was pushing to ban owning AR-15 rifles. They’re ctownhall.com
I agree with the ruling since that was already established by the 9th Circuit Federal Court. But the State Law reads 15 as being the max. And that has been upheld in various courts.
And that is just dumb. Limiting bullets was simply a way to back door ban various types of pistols that take 15-19 rounds in their magazine. It was stupid and pointless.......
It's the law and has been upheld in Federal Courts.
No.....left wing judges on the federal courts have ignored the Supreme Court rullings on Heller, McDonald, Caetano, and Scalia in Friedman....
Reread Heller V. It doesn't say what you claim it does and,so far, it's been the basis for all Gun Court rulings.
I have read heller and I know the left wing judges ignore it.....and then make up their own rulings.......
And in Scalia's Dissent in Friedman he specifically states that the AR-15 is protected under the 2nd Amendment......by name. And since he wrote the decision in Heller, his statement in Friedman explains the AR-15 is protected............
I did a search for Friedman V and came up with quite a bit but it's about economics. How about giving us the rest of the Friedman V title so we can research it.
Here.....
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.
Do you know what Dissenting means for the Courts? It means you lost your argument and it was ruled the other way.
Now for the real Ruling.
https://law.justia.com/cases/federal/appellate-courts/ca7/14-3091/14-3091-2015-04-27.html
That is ARIE S. FRIEDMAN, ET AL. v. CITY OFHIGHLAND PARK, ILLINOIS in it's entirety. Banning the AR style (and the ruling specifically uses "AR" in it's ruling along with high capacity mags has been upheld in many Court Rulings from the East Coast to the West Coast. Those that just say "Assault Rifles" never passes muster in the courts because that includes a lot of fine hunting rifles. But by putting in a phrase of "AR and it's clones" makes it dead legal. This ruling supported the other court rulings. And does NOT go against Heller or McDonald at all.
Yes......they court did not hear that case...but....Scalia wrote the opinion in Heller......the opinion that rules how the court should have ruled on hearing that case.....and he stated, as the Majority opinion writer in Heller, that AR-15 rifles are protected rifles, by name...this is not a minority opinion writer commenting, this is the man who wrote the opinion in Heller so whatever he writes after goes directly to the meaning of Heller...
It is completely against Heller and ignores what the Supreme Court has stated not only in Heller but Miller, Caetano, and Scalia in Friedman.....
There was no ruling in Heller about any long guns. Again, you quote the losing side. The Winning side in Heller just dealt with handguns and licensing for DC.
No...it didn't.....it stated...
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.
Also.....Caetano v Massachusetts....Which came after Heller.....
Opinion of the Court[edit]
In a per curiam decision, the Supreme Court vacated the ruling of the Massachusetts Supreme Judicial Court.
------
As to “dangerous,” the court below held that a weapon is “dangerous per se” if it is “ ‘designed and constructed to produce death or great bodily harm’ and ‘for the purpose of bodily assault or defense.’” 470 Mass., at 779, 26 N. E. 3d, at 692 (quoting Commonwealth v. Appleby, 380 Mass. 296, 303, 402 N. E. 2d 1051, 1056 (1980)). That test may be appropriate for applying statutes criminalizing assault with a dangerous weapon. See ibid., 402 N. E. 2d, at 1056.
But it cannot be used to identify arms that fall outside the Second Amendment.
First, the relative dangerousness of a weapon is irrelevant when the weapon belongs to a class of arms commonly used for lawful purposes. See Heller, supra, at 627 (contrasting “‘dangerous and unusual weapons’” that may be banned with protected “weapons . . . ‘in common use at the time’”).
Second, even in cases where dangerousness might be relevant, the Supreme Judicial Court’s test sweeps far too broadly.
Heller defined the “Arms” covered by the Second Amendment to include “‘any thing that a man wears for his defence, or takes into his hands, or useth in wrath to cast at or strike another.’” 554 U. S., at 581.
Under the decision below, however, virtually every covered arm would qualify as “dangerous.” Were there any doubt on this point, one need only look at the court’s first example of “dangerous per se” weapons: “firearms.” 470 Mass., at 779, 26 N. E. 3d, at 692.
If Heller tells us anything, it is that firearms cannot be categorically prohibited just because they are dangerous. 554 U. S., at 636.
The Stun Gun was a bad decision and was overturned. As for Heller, here is the overview direct from Heller and NOT from the dissent which dissent is from the losing side. Here it is from the winning side.
64 DISTRICT OF COLUMBIA v. HELLER Opinion of the Court In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home. * * *
We are aware of the problem of handgun violence in this country, and we take seriously the concerns raised by the many amici who believe that prohibition of handgunownership is a solution. The Constitution leaves the District of Columbia a variety of tools for combating thatproblem, including some measures regulating handguns, see supra, at 54–55, and n. 26. But the enshrinement of constitutional rights necessarily takes certain policychoices off the table. These include the absolute prohibition of handguns held and used for self-defense in the home. Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what isnot debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.We affirm the judgment of the Court of Appeals. It is so ordered.
All the other crap you bring up is from the dissent which means nothing legally.
The Dissent from Scalia is in Friedman.......not Heller......
Scalia wrote the majority opinion in Heller, when the court refused to slap down the lower court by not taking the case, Scalia went on to explain Heller further.....stating that the AR-15 is protected....he wrote the opinion in Heller so it isn't a just a dissent.....the dissent was against them not doing their job and taking the case....his explanation in the Dissent is completely relevant to what he stated in Heller....
And Heller isn't just about handguns........
Scalia stated in Heller....
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.
You don't know what you are talking about.....that, right there, states that all bearable arms are protected by the 2nd Amendment under the majority opinion of the United States Supreme Court.....It also confirms the ruling in Miller....and just after Heller, the Supreme Court ruled that "Dangerous and Unusual" can't be used to ban guns.......using the case of stun guns as a way to define dangerous and unusual and those terms effect on Second Amendment law...
Show me the quote where Scalia specifically said that the AR was protected. I mean the whole paragraph. Your Red statement doesn't make sense until they overturn the 1934 NFA law.
The question is why do you think it needs to be banned?
And exactly where did I EVER say that they should be banned? What I stated is, they need to be regulated. Such as mag capacity. I agree with the courts in that 10 is too few and 15 is just enough. This breaks the cult status. And when that happened, the handgun once again became the weapon of choice. It also limited the body count. We may not be able to stop or even slow down the number of gun crimes but we can limit the body counts of those crimes.
The handgun has ALWAYS been the weapon of choice for criminals.
Stop trying to talk about a topic you clearly know nothing about.
Thank you for verifying that I am correct about the AR Cult being real. But the Sane have all but removed the cult. We don't have to ban the weapon, just regulate it enough that the Cult dies off. What a shock to your system.
That's funny. There are more AR owners now, over 10 million of us, than before you idiots started wanting to ban them.
You call us cultists, yet you are the one who is part of a very small, though very loud, group of fools trying to ban them.
That makes YOU the cult member, sweetie.
10 million? With just over 7 mil made total including the clones, that's a bit hard to come up with unless you are sharing your AR with your buddy for the count purposes. Let's take a look at the manufacturers of decent ARs. Colt stopped producing their Model 750 and only offers their mode 6920 to LE which is made on the same assembly line as their Model 604. Remington almost went broke because they put all the eggs in the AR basket. So you have your AR. And I can buy one from almost any pawn shop (clones not worth a damned) for around 399 in price. But most people that felt the undying need to buy an AR already has purchased them. Hence the problems with the 2 major AR manufactures with producing the ARs. If you own one of those two, enjoy them. While you may be able to purchase a Remington you can't buy another Colt which is the gold standard for stock units.
Your number is years out of date. There are five different makers whose quality is orders of magnitude better than Colt ever managed.
Yet again you display a colossal ignorance about the subject.
You are way the hell out of your league, dude. You are a little league player up against the majors.
I wonder if this douche bag isn't brain357 under a new name...same M.O.................
