Federal Court Quietly Rules 'Assault Rifles' Not Protected by 2nd Amendment

in news •  7 years ago 

Annapolis, MD — While Americans watched the 2018 Olympics and mainstream media put on scripted town hall meetings to demonize law-abiding citizens who own guns, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia handed down a blow to the Second Amendment.

In a 10-4 ruling, the federal court ruled that the state of Maryland's ban on 45 different "assault" weapons and its 10-round limit for magazines was not a violation of the citizens' constitutional rights. The ruling was not without harsh dissent, however.

"Put simply, we have no power to extend Second Amendment protections to weapons of war," Judge Robert King wrote for the court, adding that the Supreme Court's decision in District of Columbia v. Heller explicitly excluded such coverage, according to NBC.

"It's unthinkable that these weapons of war, weapons that caused the carnage in Newtown and in other communities across the country, would be protected by the Second Amendment," Maryland Attorney General Brian Frosh, who spearheaded the movement, said.

"It's a very strong opinion, and it has national significance, both because it's en-banc and for the strength of its decision," Frosh said.

As NBC reports, however, Judge William Traxler issued a dissent. By concluding the Second Amendment doesn't even apply, Traxler wrote, the majority "has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms." He also wrote that the court did not apply a strict enough review on the constitutionality of the law.

"For a law-abiding citizen who, for whatever reason, chooses to protect his home with a semi-automatic rifle instead of a semi-automatic handgun, Maryland's law clearly imposes a significant burden on the exercise of the right to arm oneself at home, and it should at least be subject to strict scrutiny review before it is allowed to stand," Traxler wrote.

Elizabeth Banach, executive director of Marylanders to Prevent Gun Violence, says this ruling is "overwhelming proof that reasonable measures to prevent gun violence are constitutional," adding that it doesn't go far enough.

"Maryland's law needs to become a national model of evidence-based policies that will reduce gun violence," Banach wrote in a statement.

Sadly, the court entirely ignored the Supreme Court case of District of Columbia v. Heller which determined that the Second Amendment protects weapons that are "in common use at the time for lawful purposes like self-defense."

As TFTP has previously reported, every time a lunatic, who is usually on some form mind-altering pharmaceutical, goes on a shooting rampage, the do-gooders in Washington, with the aid of their citizen flocks, take to the TV and the internet to call for disarming the American people.

The citizens who call for themselves and their neighbors to be disarmed, likely think no deeper than the shallow speeches given by the political blowhards, designed to appeal to emotion only. They do not think of what happens during and after the government attempts to remove guns from society. They also completely ignore the fact that criminals do not obey laws and making guns illegal would have zero effect on criminals possessing guns.

In the perfect statist world in which only the government has guns, we’re told that crime rates would plummet, people wouldn’t be murdered, gun violence would be brought to its knees, and a disarmed heaven on Earth would ensue. But how effective would disarming the citizens actually be at preventing gun violence, while at the same time keeping guns in the hands of government?

One simple way to determine the outcome would be to compare mass shootings in America with those killed by police. It is entirely too easy to compare all senseless murders carried out by the state to those carried out by citizens, so we will zoom in with a microscope.

However, just as a point of reference, in the 20th Century alone, governments were responsible for 260,000,000 deaths worldwide. That number is greater than all deaths from illicit drug use, STD’s, Homicides, and Traffic Accidents — combined.

Now, on to the micro-comparison.

According to a comprehensive database of all American mass shootings that have taken place since 1982, constructed by Mother Jones, there have been exactly 816 deaths attributed to mass shootings that have taken place on American soil.

As Mother Jones notes, in their database, they exclude shootings stemming from more conventional crimes such as armed robbery or gang violence. Other news outlets and researchers have published larger tallies that include a wide range of gun crimes in which four or more people have been either wounded or killed. While those larger datasets of multiple-victim shootings may be useful for studying the broader problem of gun violence, our investigation provides an in-depth look at the distinct phenomenon of mass shootings—from the firearms used to mental health factors and the growing copycat problem.

If we were to compare the 816 citizens killed in mass shootings to citizens killed by police in the same time frame, the comparison would be off the charts. So, for the sake of simplicity, we will compare all of the mass shooting deaths in the last 35 years, to the number of citizens killed by police since the beginning of last year.

Already, in 2018, American police have killed 188 people. When we add that to 1,189 people killed by police in 2017, that number is 1,377. This number is set to increase by one, on average, every 8 hours.

When comparing the total number of mass shootings over the last 35 years to just the last 14 months of police killings the ratio is 1.7 to 1, citizens killed by cops vs. citizens killed in mass shootings. That is a massive difference.

The comparison is staggering and should shock the conscience. But to truly get a perspective, lets go back three years and compare all of the citizens killed by cops since the beginning of 2015 to the number of mass shooting deaths.

Since 2015, cops in America have killed 3,733 citizens.

In a time period that is less than one-tenth the amount of time it took mass shooters to kill 816 people, cops have killed nearly 5 times as many citizens.

 
The 2nd Amendment wasn't put into place so Ted Nugent could piss off liberals in a horrible reality TV series, or so the Duck Dynasty folks could shoot their dinner. It was put there because the ability of a people to defend themselves is the only thing standing in between freedom and slavery.

Of course, a society without guns sounds fantastic and, in a perfect utopian world, it would be nice not to need a gun. However, we do not live in utopia.

It's not about "clinging to the second amendment" or being addicted to firepower. It's about protecting you and your family and no one having the right to hinder that protection.

As John Locke stated, self-defense is the first law of nature. Each person owns his or her own life and no other person has a right to take that life. Those who would attempt to stop you from defending yourself are attacking the very right from which all other rights are derived -- protection of one's own life.

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Just when are you willing to stop? It's not even about firearms, it's about freedom. The same logic could be applied to cars. Most people who own a truck don't haul items everyday, so then they should own a Prius. We also don't need a 3,000 square foot house, we could live in a 400 square foot studio apartment. It just baffles me how people are so quick to abandon their freedoms.

III%

If you look at other countries and their strict gun laws it does seem to help with gun violence. However, I can't help but feel like this tactic is simply like putting a band-aid on a festering wound.

It's similar to making it illegal in Oregon to pump your own gas. "Oh we need jobs so here's our shitty solution."

On the political spectrum I usually fall on a pretty left-wing radical side. Firearm legislation is one of the few things that I don't really agree with anyone on. There's gotta be a better way.

It’s exactly a band aid and they know it is, but it is the only giant crutch they have some assemblence of a political angle that works for them. Again, they can be overhauled and compromised but until this country stops cutting programs say for the mentally ill, aka shutting down long term mental institutes and pumping money into welfare as hard as we go, they are stuck with this disillusion. People will always find a way to be evil, lets not forget Timothy McVeigh took down 1/3 of a about a 10 story federal building with nothing more really than a rental truck and fertalizer, I know that is simplified down, but not by much. So we strip away firearms from law abiding citizens.....How about we worry about stripping them from felons and illegal arms dealers. Ill say it again and again, you will never conquer evil or stupidity with legislature.

The clowns on the Dem and Lib side are nothing more than chess players with victims as pawns. They believe fixing the problem is banning assault rifles. Yet, I ask, no I beg, someone to prove to me when a government was able to defeat or trump evil/stupidity with legislation. Chicago will always prove that if there were a ban or disolvment of the 2nd amendment only honest people would be left unarmed and law obiding citizens would then be felons. I speak for myself there. I can promise you they will not, will not ever take my firearms, nor will I surrender them. How do people not grasp that when you relinquish your 2nd amendment the government gains the last little bit of control it doesn’t have and secures it. Left rebuttals by saying when has they ever been a tyrannical government in our lifetime that would need these weapons or the ability to defends ones family and friends if need be. You can never say because some has never happened, it will not. That is the absolute definition of a moron. We had never put a man in space in the history of humanity....until the Gemini project. The main difference between Dem and Libs vs Conservitives that has been really amplified is that they are one mind, sheep if you will and Rep, Consv. Actually can form their own opinion. Besides the fact now that they fight for equality and free speech yet you cannot speak unless you are a Dem or Lib. How many conservitve protests vs liberal protests do you see occurring. This country is honestly doomed if left in their hands and I hope no one comes to their rescue.

Your information is very good, we see now many countries both within our own country that the law of the country is weak up and oppress the poor, because all laws can be bought with the title of money and so forth, but it is okay because we live in this world is only temporary, and my suggestion so that you clarify supported by other photo photo, thank you very much information hope you become successful person @tftproject

Excellent information! I have resteemed this post to help share with others. The people need to know guns are being targeted and the end game will be a society controlled by guns and helpless citizens! Have a fantastic day!

Thank you for this.

Really great article, well done, my dear friendDQmZsw63z7DeMenRr5QWKUVJrrEKR31pFuZ5mDAaAbRnUAh.jpeg

we should not use on common people ..
i hate gan

It would be interesting to see the government try to confiscate AR-15s on a national scale. Lol.

Resteemed.

That would be down right bloody and and I’m pretty sure they know that!

Not to mention, a dedicated person can just make these at home.

And you can 3D print guns now, so...

It is really amazing. Cody Wilson is a hero.

it is very dangerous for mankind,i hate war.

It's about time. I'm tired of this sickening state of affairs. Self defense my ass.
Why'd you want a gun, anyway? You can hurt someone with one.
Upvoted.

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Joe
@joe.nobel
science fiction, fantasy, erotica

I don't really understand this, the second amendment was talking about muskets, a far cry from assault weapons, what is all the outcry abut?

The puckle gun was invented in 1718 and was the first "machine gun". The second amendment was written by people who knew of the existence of the puckle gun, and who were not so stupid as to think that weapons technologies would not advance in the future. The second amendment is meant to protect the right of American citizens to arm themselves on an individual basis with such weapons as are conventionally available.

pucklegun.jpg

The Puckle gun was fired in a similar fashion to a conventional flintlock musket; however, after each shot, a crank on the threaded shaft at the rear would be unscrewed to release the cylinder to turn freely. The cylinder would then be advanced by hand to the next chamber, and the crank turned back again to lock the cylinder into the breech of the fixed barrel. The flintlock mechanism could then be primed for another shot: it was triggered using a lever which was separate from the crank assembly.

To reload the weapon, the crank handle could be unscrewed completely to remove the cylinder, which could then be replaced with a fresh one. In this way it was similar to earlier breech-loading swivel guns with a detachable chamber which could be loaded prior to use. The cylinder appears to have been referred to as a "charger" in contemporary documentation.[2]

At a later public trial held in 1722, a Puckle gun was able to fire 63 shots in seven minutes (approx 9 rounds per minute) in the midst of a driving rain storm.[1][7] A rate of 9 rounds per minute compared favourably to musketeers of the period, who could be expected to fire between 2 and 5 rounds per minute depending on the quality of the troops, with experienced troops expected to reliably manage 3 rounds a minute under fair conditions; it was however inferior in fire rate to earlier repeating weapons such as the Kalthoff repeater which fired up to six times faster. [Source: Wikipedia]

This is obviously a lower rate of rounds per minute than modern semi-automatic rifles are capable of, yet if the founding fathers knew of the existence of this technology, don't you think they could have foreseen the advancement to what we have now? They were, after all, a bunch of inventors.

Maybe they did know or maybe not, I for my part had never heard of this weapon, which I doubt was much used, it was British and they had a tough time winning any wars in that century.

Because it was speaking of the rifles at the time and I’m sure they had enough foresight to undstand things will evolve to a degree else they would have only specified muskets. That’s like saying the first amendment only protects old English vs the changing and evolution from proper Queens English if you will to what we have today. That’s what they spoke then, so we are splitting hairs on that if you ask me.

The second amendment was talking about military weapons including cannons. To them, it wasn't the style of firearms, it was the ability to resist tyranny, and you do that with effective and modern weapons.

What would you consider to be tyranny? As far as I can see, and through all the history books I have read tyranny is one of the constants in any country in the world including the US, and nothing much has been done about it, even with all the weapons owned by individuals.

So you're saying Use them or lose them? You'd make a great tyrant.

No, you're saying that weapons are to resist tyranny, just what do you think the IRS is?

The only reason that the government does not behave like that of say, the Venezuelan or Cuban government,you know jailing and executing political dissenters, is that the US people are armed. Let's keep that deterrence in place, lest we fall to genocide by our government. When a government Does become tyrannical, you won't have to sit around wondering if it happened yet. You'll know. What sparked the revolutionary war was government soldiers attempting to confiscate civilian firearms.

Well here’s the thing, once you lose them and if, not will, if shit goes south you are certainly never, never getting them back. So I hope everyone is damn good with baseball bats if things were to ever go bad.