4th Circuit Appeals Court upholds MD ban of AR-15s

[johndoe3]

http://counton2.com/2017/02/21/maryland ... als-court/

Behind the Lines: No AR-15s for Maryland's subjects.

An en-banc panel of the 4th Circuit Court of Appeals voted 10-4 to overturn the previous 3 judge decision and uphold Maryland's banning of 45 assault weapons as weapons of war, and upheld the 10 round limit for magazines in MD. The 3 judge decision had used 'strict scrutiny' to reach their judgment; and the en-banc panel said no, we can use a lower level of scrutiny and defer to the legislature in banning the AR-15 in MD.

In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the guns banned under Maryland’s law aren’t protected by the Second Amendment.

“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.

Maryland Attorney General Brian Frosh, who led the push for the law in 2013 as a state senator, said 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.”

“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, noting that all of the court’s judges participated.

The 4th Circuit Appeals Court covers the States of Maryland, Virginia, West Virginia, North Carolina and South Carolina.

[poikilotrm]

Remember that part in Heller, about not banning classes of firearms? I am guessing nobody remembered to bring that up. This needs to head to the SCOTUS.

[T-Rex]

“Put simply, we have no power to extend Second Amendment protections to weapons of war,”

This makes no f*ing sense.
The 2nd Amendment reads,
"A well regulated Militia, being necessary to the security of a free State"

Exactly who do you think the militia would be fighting, if they needed to secure the state/nation?

You think the militia would be better-off using weapons not designed for war, if you were going to war?

This is the exact opposite of rationality.

[poikilotrm]

It is also the exact opposite of the Miller decision, that said because an SBS was NOT a militia weapon, then it was subject to the NFA.

[John A.]

I question whether the judge has ever read the second amendment.

Because they sure don't understand it.

As T-rex pointed out, not only is the 2nd amendment to give us a right to defense against a foreign invading army, its' main purpose was to combat a tyrannical government of our very own.

Many people do not take the time to actually study earlier writing and history, but the Bill of Rights were not created to restrict citizens.

The were done to restrict Government.

[fishman]

How could a judge possible not understand that...

[doubloon]

asshats