US appeals court upholds Maryland assault weapons ban

debbie ar15

Me shooting a “weapon of war.” Molṑn Labé.

Next stop: SCOTUS.

From Fox News: Maryland’s ban on 45 kinds of assault weapons and its 10-round limit on gun magazines were upheld Tuesday by a federal appeals court in a decision that met with a strongly worded dissent.

In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Va., 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.

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.

National Rifle Association spokeswoman Jennifer Baker said, “It is absurd to hold that the most popular rifle in America is not a protected arm' under the Second Amendment."</strong> She added that the majority opinion "clearly ignores the Supreme Court's guidance from District of Columbia v. Heller that the Second Amendment protects arms that arein common use at the time for lawful purposes like self-defense.”‘

The NRA estimates there are 5 million to 10 million AR-15s — one of the weapons banned under Maryland’s law — in circulation in the United States for lawful purposes. Asked about an appeal, Baker said the NRA is exploring all options.

But Elizabeth Banach, executive director of Marylanders to Prevent Gun Violence, said the decision is “overwhelming proof that reasonable measures to prevent gun violence are constitutional.”

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

U.S. District Judge Catherine Blake upheld the ban in 2015, but a divided three-judge panel of the 4th U.S. Circuit Court of Appeals ruled last year that she didn’t apply the proper legal standard. The panel sent the case back to Blake and ordered her to apply “strict scrutiny,” a more rigorous test of a law’s constitutionality. The state appealed to the full appeals court.

Maryland passed the sweeping gun-control measure after the 2012 Sandy Hook Elementary School massacre that killed 20 children and six educators in Connecticut. King mentioned the massacre at the start of the ruling.

“Both before and after Newtown, similar military-style rifles and detachable magazines have been used to perpetrate mass shootings in places whose names have become synonymous with the slaughters that occurred there,” King wrote. He listed the 2012 shootings at a movie theater in Aurora, Colorado; the December 2015 shootings in San Bernardino, California; and the shootings last year at an Orlando, Florida, nightclub, where 49 people were killed and 53 injured.

King also noted that enacting the law is “precisely the type of judgment that legislatures are allowed to make without second-guessing by a court.”

“Simply put, the State has shown all that is required: a reasonable, if not perfect, fit between the (Firearms Safety Act) and Maryland’s interest in protecting public safety,” King wrote.

DCG

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16 responses to “US appeals court upholds Maryland assault weapons ban

  1. About the level of left/libtard bias and legal precision shown in ruling (to be overturned shortly by SCOTUS, probably on professional standards alone):

    Liked by 4 people

    • P.S. Original intent of framers was private ownership of military weaponry because people and their weapons would be the military when called-up for that and (even if full-auto and grenade launchers are more restricted by “compelling interest” lately) saying people can’t have black, semi-auto rifles with 11 or more-round magazines because “weapons of war” clearly violates that intent.

      Liked by 2 people

  2. Wait. This is FOTM and we’re reading that people died at Sandy Hoax?

    Didn’t see that one coming, actually.

    Liked by 3 people

  3. DCG, the author of this post, is quoting Fox News.

    Liked by 2 people

  4. The Sandy Hook massacre was indeed an act of unspeakable evil. It was committed by a homicidal maniac whose first victim was his own mother. I have no words to describe the level of Horrror that such an act brings to life. However, this crime was the work of a single person. By contrast, 110 million law-abiding gun owners in the United States didn’t shoot anyone that day. It is the height of hypocrisy for legislators to use this crime as justification for seeking laws to disarm Americans. It is the height of ignorance for judges to buy into the propaganda that an ordinary rifle is somehow a weapon of War simply because it looks military when in fact assault weapons in the military are capable of firing continuously so long as the trigger is engaged. ie.A true assault weapon is a machine gun. Such rulings as the one in the fourth Circuit Court are a step toward similar restrictions that ultimately could take us down that slippery slope leading to the repeal of the Second Amendment. Personally I do not trust a government that doesn’t trust me with the gun.

    Liked by 1 person

  5. Kevin J Lankford

    As far as I am concerned their decision has no merit. It is base on total disregard of the intent of the second amendment and the authority vested in the true U.S. citizens. Yet, we can only defend our rights when enough take a stand for justice.

    Liked by 2 people

  6. People, wake up to the fact that the reason these types of rifles are being banned is because they are the only type of weapon that can actually hold it’s own against the kind that armed gov thugs or UN troops would use against us when they come knocking at our doors.

    Liked by 2 people

  7. Someone give me a reason why judges deserve to have lifetime appointments and why they can’t be recalled.

    Liked by 3 people

  8. Citing the Sandy Hook incident which has never produced autopsy or police reports leaves this courts opinion exposed to legal challenges from a range of citizens. I don’t think Dr. Wayne Carver will be thrilled with having to produce actual records.

    Liked by 2 people

  9. Those learned jurists apparently don’t know how to read. The 2A says ARMS, it doesn’t specify what kind, and shall NOT be infringed. This is clearly infringement. These are just liberal hacks issuing their personal beliefs.

    Liked by 2 people

    • Actually, the II Amendment. is not the only one that holds sway over the American people’s right to bear arms. The IX and X are just as important.

      Unless a power has been “enumerated” to the US tyranny, they do NOT have that power. The brainwashing that we Americans receive in the indoctrination centers shrouds the Constitution is confusing and impenetrable language. In realty, the Constitution is rather clear, especially the Bill of Rights.

      Now also keep in mind that over a mostly Protestant American country, the US tyranny maintains a court system that is made up of people that do not in any way represent the American country. The Supreme Court, for instance, is 33% dual-citizen Khazarians, from a US pop. of 1.73%, and 55% Catholic. Seems “Critical Theory” is only for the mundanes.

      “When in doubt, check the IX and X.”

      An American citizen,not US subject.

      Liked by 2 people

  10. The only natural function of government, and even this is debatable, are courts. When the courts come to serve the tyranny, it is all over until the next “North Bridge.”

    An American citizen, not US subject.

    Liked by 1 person

  11. By the way, the Protocols have a few things to say abut the use of judges in the bringing about the Khazarians’ tyranny and destruction:

    Protocols 15:10 “Under our influence the execution of the laws of the Goyim has been reduced to a minimum. The prestige of the law has been exploded by the liberal interpretations introduced into this sphere. In the most important and fundamental affairs and questions, judges decide as we dictate to them…”

    Protocols 15:14 “…In general, our judges will be elected by us only from among those who thoroughly understand that the part they have to play is to punish and apply laws and not to dream about the manifestations of liberalism [old word for Liberty] at the expense of the educational scheme of the State…”

    An American citizen, not US subject.

    Liked by 1 person

  12. Astounding that people who purport to be judges have so LITTLE understanding of the Constitution they have sworn to uphold. Their decision is utterly unConstitutional and completely without merit.

    The entire purpose of the Second Amendment is to ensure that, in extremis, the populace can defend themselves against the military might of a government turned to tyranny. That REQUIRES being armed AT LEAST as well as the armed forces controlled by government.

    In addition, they are completely without an understanding of history. We would NEVER have won the War of 1812 without the privateers – PRIVATELY owned ships, MORE heavily armed for their size (as well as more maneuverable) than the British warships we were fighting.

    Lunacy. Utter lunacy.

    The proper remedy for “judges” making such egregious errors is impeachment and removal from office. The Constitution states that judges cannot be removed “during good behavior” but that does NOT refer to their table manners – it refers to their behavior on the bench. Disregard of the plain meaning of the Constitution is grounds for IMMEDIATE impeachment and removal.

    Liked by 2 people

  13. Catherine;
    So how do we start? Is a Petition a valid beginning to removing a bad Judge,or would a Class Action Suit help? We could possibly have our Elected Officials or Congressmen start the ball rolling-if they WOULD. Being Career Politicians though,they wouldn’t,because of their involvement possibly affecting their “careers” adversely.

    Like

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