Oh HELL Yeah!

[XD45 7,124]

Court of Appeals Rules "Assault Weapons" a Constitutional Right

 

http://m.huffpost.com/us/entry/assault-weapons-constitutional-protection_us_56b38ec7e4b08069c7a65c21?ncid=txtlnkusaolp00000592

Edited February 5, 2016 by Darth Saigus

[Vance665 225]

So I can buy full auto now? Sweet!

Edited February 5, 2016 by Vance665

[Ronin38 2,117]

The Libtards will just turn around and start pointing out that there is no viable definition of "assault weapon," like we've been saying for decades, therefore they can still ban anything they want because it's NOT an "assault weapon."  

[Heartbreaker 1,085]

The Libtards will just turn around and start pointing out that there is no viable definition of "assault weapon," like we've been saying for decades, therefore they can still ban anything they want because it's NOT an "assault weapon."  

Then people will start asking "why are you banning it if it's not an evil assault war rifle?".

[XD45 7,124]

We know the gun grabbers won't give up but any time a court rules in favor of the Second it's a meaningful win.

[SHOTGUN MESIAH 855]

Beat ya to it darthy. But you can have my thunder since no one responded . 

http://forum.saiga-12.com/index.php?/topic/98533-some-good-news/

[G O B 3,516]

For a full understanding of what this means, and the ongoing fight, as well as the back story, go to MD shooter's forum.

[gunfun 3,931]

That's 4th circuit. Published too, so it has precedential authority. Good news, but remember that each circuit's decisions only apply to cases within its jurisdiction. 

 

Things really get punch when several circuit courts disagree, because a circuit split makes an issue "ripen" to go upstream to the Sups. I don't think 9cir is going to agree, Alex Kosinski & and crew or Posner from 7cir are decidedly not our friends. They are kind of celebrity judges that the left expects to move up to Supreme. They do write some quality snark, but their politics drive their decisions.

[gunfun 3,931]

Actual text here: http://www.ca4.uscourts.gov/Opinions/Published/141945.P.pdf

 

Other good things at 7, standard is Strict Scrutiny for 2A rights. That's a bigger deal. 

 

More analysis to follow, since I have work to do.

[JESS1344 508]

GUYS,

HERE'S SOME MORE FROM THE PATRIOT POST.

 

JESS1344

 

A Big Win for the Second Amendment

 

 

It's been a bad week for What's-His-Name. Former Maryland Gov. Martin O'Malley dropped out of the Democrat presidential race Monday night after a predictably pitiful showing in Iowa. Then on Thursday, the Fourth Circuit Court struck down his signature "assault weapons" ban, rammed through in Democrats' exploitative gun-grabbing frenzy after Sandy Hook. The Maryland law — a ban he promised to replicate at the national level if elected president — prohibited some semiautomatic rifles and so-called high-capacity magazines (by which they mean standard capacity). But the court concluded those instruments meet the Supreme Court's measure of being "in common use by law-abiding citizens," and the three-judge panel sent the case back to U.S. District Court with instructions to apply "strict scrutiny."

 

Here's the money quote from the ruling: "In our view, 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,' District of Columbia v. Heller, 554 U.S. 570, 635 (2008), and we are compelled by Heller and McDonald v. City of Chicago, 561 U.S. 742 (2010), as well as our own precedent in the wake of these decisions, to conclude that the burden is substantial and strict scrutiny is the applicable standard of review for Plaintiffs' Second Amendment claim." In other words, though other appeals courts have failed to uphold the Constitution, the Fourth Circuit says the Maryland ban clearly violates the Second Amendment, and the lower court needs to figure that out.

 

Gun writer Bob Owens explains the significance, writing, "If the 4th Circuit Court of Appeals decision stands (it will almost certainly be appealed) and the courts hold that strict scrutiny should apply to Second Amendment cases as they do every other law restricting constitutional rights, then most of the gun control laws in the United States will eventually fall like dominoes."

Edited February 5, 2016 by JESS1344

[YOT 3,743]

I was hoping this would give Feinstein a stroke.

[patriot 7,197]

I was hoping this would give Feinstein a stroke.

Never happen. Her heart has been removed and she keeps it hidden.

Edited February 5, 2016 by patriot

[Dad2142Dad 6,559]

 

I was hoping this would give Feinstein a stroke.

 

Never happen. Her heart has been removed and she keeps it hidden.

Dragonheart.......

[gunfun 3,931]

Guess what other states are in 4th Cir? This is really good.

 

As I said, the big deal is Strict Scrutiny.

 

Strict scrutiny puts the burden on the govt in a big way. Previously most of the 2A stuff has been essentially dodging the level of scrutiny and applying Rational Basis.

 

The second half of the case basically says that people can reasonably work out which guns are copies of the named firearms.

[Gaddis 1,689]

Heh, I bet the HuffPost retards went total batshit when that got reported.

 

I could be industrious and go read the comments being posted on the bottom of the article if I didn't detest deleting HuffPost cookies so much.

[XD45 7,124]

I was hoping this would give Feinstein a stroke.

You realize that a stroke happens in the brain.  Therefore democrats are completely immune.

[XD45 7,124]

This is actually a fun read. Surprisingly calm and some good points made even though the whole thing is from the far left perspective.

 

The tactics they fear are exactly the tactics we embrace.

 

http://thinkprogress.org/justice/2016/02/08/3746663/the-nra-just-scored-one-of-its-biggest-victories-in-years/

[patriot 7,197]

This is actually a fun read. Surprisingly calm and some good points made even though the whole thing is from the far left perspective.

 

The tactics they fear are exactly the tactics we embrace.

 

http://thinkprogress.org/justice/2016/02/08/3746663/the-nra-just-scored-one-of-its-biggest-victories-in-years/

I'm glad we're on the right track then.....

 

...and my club is putting in a long range rifle station or two this year. Previously, we only went to 200 yds. Soon, we'll be able to go out to 500 yds. 

 

We're ramping up our events this year too, to introduce more people to the shooting sports, and to gather donations for veterans organizations.

 

http://pahsca.com/

[XD45 7,124]

For those who don't want to read it all (which only takes a few minutes)...

 

I do love the way the article credits the NRA with almost mythic powers.  I only wish the NRA had the power the left attributes to it.  But as long as the left hates the NRA I'll keep being a member.

 

 

 

Suppose, for example, that an unusually conservative Congress is elected in 2016, and that Congress repeals the ban on machine guns. All that would be necessary under Thomas’s rule to render such a ban permanently unconstitutional would be for a large number of gun owners to obtain machine guns and not use them in the commission of a crime. The NRA and gun manufacturers, moreover, would have an obvious interest in ensuring that these guns become commonly held as quickly as possible — as they would be in a literal arms race to distribute the guns widely before Congress can reinstate the ban.

 

Which ties in perfectly with my other post about SBRs and cans.  20 years ago those were exotic.  Today they are commonplace.