4th Circuit upholds MD ‘assault rifle’ ban

Yesterday a federal appeals court upheld Maryland’s ban on so-called assault weapons, saying ownership of such guns is “not protected by the Second Amendment.” The decision, by the U.S. Court of Appeals for the 4th Circuit, overturned a 2016 ruling by a three-judge panel of the same court that said Maryland’s law should be subject to “strict scrutiny” because it imposes a “substantial burden” on the right to keep and bear arms.

Maryland’s “assault weapon” ban, which it expanded after the 2012 massacre at Sandy Hook Elementary School in Newtown, Connecticut, bans the sale or transfer of 81 listed gun models, along with “their copies,” plus all semiautomatic centerfire rifles that accept detachable magazines and have two or more of these features: a folding stock, a grenade/flare launcher, or a flash suppressor. The law also bans the sale or transfer of magazines than can hold more than 10 rounds. Violators (buyers as well as sellers) can go to prison for up to three years.

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9 Responses to 4th Circuit upholds MD ‘assault rifle’ ban

  1. Let us thank the Ninth Circuit and now the 4th Circuit for identifying themselves so early into President Trumps term.

    Thanks! You are on the list.

  2. Jack Crabb says:

    Where the fuck is Henry Bowman when you need him?

  3. Gene says:

    We desperately need to support Trumps nominees to the SCOTUS. It must be stacked with Constitutionalists.

    • Boots says:

      Many including me are deeply suspicious about Neil Gorsuch. He belongs to a church that supports the LGBT agenda and has made statements not favorable to strict interpretation of 2nd Amd. Gorsuch seems to have a high “John Roberts factor”; meaning when it was necessary for Roberts to stand in the breech against Obamacare, he not only caved, but rewrote the law by saying the “penalty” for not buying insurance was a “tax”, and that such a tax met constitutional muster – which it clearly doesn’t. But that’s another thread.

  4. Boots says:

    In Caetano v. Massachusetts, 577 U.S. ___ (2016) SCOTUS ruled that the Second Amendment extends to all forms of bearable arms:

    “The Court has held that the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding, and that this Second Amendment right is fully applicable to the States.”

    >>>The money line: “…even those that were not in existence at the time of the founding….”

  5. Boots says:

    Here you can see the full spectrum of dishonesty, judicial activism, and lawless decrees by the courts with respect to what is and isn’t protected by the 2nd Amd.

    While the Amendment itself makes no claims as to what is or isn’t a weapon suitable for the necessary security of a free state (and some take that to mean a “free state of living, or being”), anti-gun judges constantly re-write the Amendment by claiming some guns are “dangerous or unusual” and thus aren’t 2nd Amd protected. That’s a fucking dishonest argument, because there are decisions that plainly state (Caetaeno v. MA) and others that clearly imply (Miller) that weapons in common use by the militia or military are protected.

    Read this for yourself to see how low these scumbags stoop to make up laws against certain firearms; and notice that the firearms they restrict and want to ban are the ones that would be most successful, useful, and appropriate to defending the country against further govt tyranny.


  6. Sanders says:

    For all their so-called education, they just cannot seem to grasp the meaning of “shall not be infringed”..

  7. Mals says:

    Bwa ha ha! I bet compliance with this law will be as high as it was for New York’s assault weapon law – about 10%!

  8. don says:

    Its maryland are you surprised. I live here never seen one of those scary guns at all no never. And being a small state it only takes bout and hour to drive next door and get a proper magazine

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