US Court of appeals, 4th circuit upholds decision to ban "assault rifles"

[batoncolle]

And another thing...Nothing in the bill of rights should ever come before the supreme Court. Ever. The mere suggestion of it should bring serious consequences to whoever instigates it.

^ This! This!! A 1000x this!!!

So many people don't understand that if it's in the Constitution the ONLY duty of the courts is to prevent Congress and the president from violating it. 2A is expressly about giving the citizens the means to protect themselves from an abusive government.

The courts have no other power than to strike down all the Unconstitutional 2A restrictions so the hell with them and their Unconstitutional ruling.

 

[above_all]

Everything being equal, the musket was the state of the art assault weapon of it's time. The Founding Fathers knew this when framing the Constitution.

Nothing, absolutely nothing, has changed. If anything, the average citizens right to fully automatic weapons (mil standard today) has been restricted.

 

[Sigo]

While I disagree with the ruling (I have not read it, just this article) the decision makes a point. That point is the power of the state legislature to place limits on our freedoms. This is something that we, 2A advocates, must remember. The real power to ensure that our rights will not be infringed is to maintain our fight in the legislatures of our states. The courts can make all of the rulings they want. If we continue to pressure our representatives to make laws in support of the 2A and to vote down laws that infringe upon them, then we will not have to worry about the power of a few jurists on some court.

How many ODTers have written their representatives about 2A issues this legislative season? If you have not, you place too much faith in the power of some faceless judges to protect you. Stand up. Make your voice heard. We can't vote out Federal judges. We can vote out those who do not defend our rights.

 

[ncrinc12]

A baseball bat, shovel, hammer, tire iron, pair of scissors, steak knife, chair, bar stool, pool cue, beer bottle, axe, machete, frying pan, basically anything I can get my hands on can be used as a weapon to assault someone.

My point exactly, so how can they vote to reinforce the "assault weapon ban"

 

[TapcoFan]

What exactly constitutes an assault weapon

It's a political term of art that stirs up uncomfortable emotions and a term that legislatures and courts around the country have struggled in defining.

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. How a rifle does this on its own is beyond me.

 

[TapcoFan]

A colleague of mine asked whether Justice Kennedy's Heller vote would swing if Kolbe v. Hogan were granted certiorari. I doubt Justice Kennedy would swing from his Heller vote because an AR pattern rifle is certainly more connected to militia use and other lawful purposes (e.g. hunting) than a handgun. The Kolbe v. Hogan court appears to regard the preamble to 2A as a nullity under the guise of Heller, but IMO this is an incorrect interpretation of the ruling. Heller may have created a new right, but not at the expense of one that already exists. Chemerinsky noted that the participants at the constitutional debates doubted that states and courts could be trusted to carry out the laws and respect the constitution, so this decision is yet another example that the framers' concerns were well-founded.

 

[ncrinc12]

It's a political term of art that stirs up uncomfortable emotions and a term that legislatures and courts around the country have struggled in defining.

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. How a rifle does this on its own is beyond me.

Go to the Remington 700 thread and there it is according to some, so maybe they just need to ban the Remington 700's with their faulty trigger and safety system

 

[MRH]

A colleague of mine asked whether Justice Kennedy's Heller vote would swing if Kolbe v. Hogan were granted certiorari. I doubt Justice Kennedy would swing from his Heller vote because an AR pattern rifle is certainly more connected to militia use and other lawful purposes (e.g. hunting) than a handgun. The Kolbe v. Hogan court appears to regard the preamble to 2A as a nullity under the guise of Heller, but IMO this is an incorrect interpretation of the ruling. Heller may have created a new right, but not at the expense of one that already exists. Chemerinsky noted that the participants at the constitutional debates doubted that states and courts could be trusted to carry out the laws and respect the constitution, so this decision is yet another example that the framers' concerns were well-founded.

Absolutely right.
" --If [as the Federalists say] “the judiciary is the last resort in relation to the other departments of the government,” … , then indeed is our Constitution a complete felo de so. … The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they may please." -- Thomas Jefferson

 

[Tactical Beaver]