Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules

ANNAPOLIS, Md. — 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, 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.

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30 Responses to Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules

  1. whynot says:

    At the time 2A was penned, the “regular citizens” (and others, including hostiles) were using the SAME (if not better) firearms than the military (govt).

    As a side note, which country uses AR-15s in their national defense?? Since they keep saying “weapons of war”……

  2. Kimberwarrior45 says:

    When you control the language you control the argument. “Weapon of war” what does that mean? Definitions from the 1828 Webster Dictionary
    “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
    A-An adjective, commonly called the indefinite article, and signifying one or any, but less emphatically.
    well-Suitably to one’s condition, to the occasion, or to a proposed end or use; suitably; abundantly; fully; adequately; thoroughly
    regulated- Adjusted by rule, method or forms; put in good order; subjected to rules or restrictions
    Militia- In the widest sense, the whole military force of a nation, including both those engaged in military service as a business, and those competent and available for such service; specifically, the body of citizens enrolled for military instruction and discipline, but not subject to be called into actual service except in emergencies.
    being- Since; inasmuch as
    necessary-Such as must be; impossible to be otherwise; not to be avoided; inevitable
    to- The preposition to primarily indicates approach and arrival, motion made in the direction of a place or thing and attaining it, access; and also, motion or tendency without arrival; movement toward
    the- A word placed before nouns to limit or individualize their meaning
    security-The condition or quality of being secure; secureness. Specifically: (a) Freedom from apprehension, anxiety, or care; confidence of power of safety; hence, assurance; certainty.
    of- In a general sense, from, or out from; proceeding from; belonging to; relating to; concerning;
    a- (see above definition)
    free- Exempt from subjection to the will of others; not under restraint, control, or compulsion; able to follow one’s own impulses, desires, or inclinations; determining one’s own course of action; not dependent; at liberty.
    State-The circumstances or condition of a being or thing at any given time.,
    the- (see above definition)
    right- Conformed to the constitution of man and the will of God, or to justice and equity; not deviating from the true and just; according with truth and duty; just; true.
    of- (see above definition)
    the- (see above definition)
    people- The body of persons who compose a community, tribe, nation, or race; an aggregate of individuals forming a whole; a community; a nation
    to- (see above definition)
    keep- To hold; to restrain from departure or removal; not to let go of; to retain in one’s power or possession; not to lose; to retain; to detain.
    and- A particle which expresses the relation of connection or addition. It is used to conjoin a word with a word, a clause with a clause, or a sentence with a sentence.
    bear- To possess or carry, as a mark of authority or distinction; to wear; as, to bear a sword, badge, or name
    Arms-, Instruments or weapons of offense or defense.
    shall- To owe; to be under obligation for
    not- A word used to express negation, prohibition, denial, or refusal.
    be- To exist actually, or in the world of fact; to have existence
    infringed- Broken; violated; transgresses.

    Webster’s 1828 Dictionary contains the foundation of America’s heritage and principal beliefs. It is contemporary with the American Constitution.
    It is an excellent reference for classical literature, Bible studies, history papers, and the ground work of explanation and reasoning for America’s national documents.

    • Just a Chemist says:

      “When you control the language you control the argument.”
      Game, set, match.
      Thank you for taking the time to do this word-by-word study. Excellent smackdown of the raving leftists.
      Also makes one wonder why we have so many different updated editions of dictionaries.

  3. WoodBurner says:

    Judge King should read a history book or two. Maybe one about the American Revolution and the type of arms used by both sides. He would find they looked & operated a lot alike. But then again facts never matter much to the liberal judges.

  4. xtron says:

    bull shit. the second amendment was written for and intended for “weapons which would be of use to the militia” in other words, military grade weapons.
    this court is misreading the constitution and badly needs to read the federalist papers and other writings of our founding fathers.

  5. Aesop says:

    1) Decision from six weeks ago
    2) Exactly contrary to black-letter SCOTUS rulings in Heller and McDonald
    3) Liable to go down in flames at SCOTUS, unless the NRA does their usual “dying cockroach”, rolls over, and plays dead

    • crazyeighter says:

      Um, a year and six weeks ago.

      Otherwise, agree 100 percent, particularly about “NRA” and “dying cockroach”.

  6. Towser says:

    Why… we should all look these judges up so we can throw ourselves at their feet to thank them profusely for “extending our protections” as much as they have already! God bless you SIR!. THANK YOU SIR! BITE ME SIR! You and your pompous carcass.

  7. rick says:

    Tyranny. What do we do with tyrants? And anyone who thinks this should go to the Supreme Court will have fallen for the false notion that it is judges to interpret the Constitution, Marbury not withstanding. The judicial has usurped that power from the Founders themselves. This court is wrong in so many ways, the least being that they hang their decision on the made-up term ‘assault weapon’.

  8. Phil says:

    So I would like to know how they got around that whole MILITIA part then.
    I’m all done with this horseshit.
    Pass all the fucking laws you want at this point.
    The words Null and Void apply to them all.

    Molon Labe bitches.

  9. dav says:

    This is the reason for the 2nd Amendment.

  10. Daryl says:

    “Put simply, we have no power to extend Second Amendment protections to weapons of war,”
    Weapons of war……..
    Isn’t that pretty much what the second is about?

  11. oldawg says:

    Actually that is EXACTLY why the 2nd was put into the Bill of Rights. That dumbass just confirmed what the founders thought of “government”. So many lamp posts, so little time.

    • Sedition says:

      I don’t think lamp posts could handle all the weight. May need to use interstate overpasses as well.

  12. Tsquared says:

    “shall not be infringed.” Simple concept. Too bad they can’t wrap their warped minds around it.

    • Jack Crabb says:

      Exactly. I don’t need a bunch of black-robed jack holes interpreting the Constitution for me. It’s pretty cut and dried. Esp. the “shall not be infringed” part.

  13. So now, how important does President Trump’s ongoing (and successful) effort to fill Federal Judgeship’s with qualified conservatives look?

  14. Rebar says:

    We have a name. Robert King.

  15. whatasswipestheyare@luis says:

    Then I can yell ” fire ” in a crowded theater.

  16. Winston Smith says:

    We need to get back to hanging traitors from the nearest lamp post when they commit treason.

  17. Gryphon says:

    Coming to a State near You, Soon. This is the bolshevik’s plan now, they know they can’t get this shit through the Congress and past Trump, so they’re $pending their efforts on State-by-State Bans of Militia Weapons. To them, the Constitution is nothing more than an Impediment to their goal of a Totalitarian State. This is why they FEAR the Guns the Citizens Own, and the Desperate Way they are Propagandizing against Gun Ownership.
    You Don’t Have Enough Ammo.

  18. Rob says:

    The history was totally ignored, no interest in anything but control.

  19. MTHead says:

    But, but, but, the Miller decision sez ONLY military weapons are protected by the 2nd.? legally confused government officials.Imagine that, i guess nobody saw this coming 230 yrs. ago. Like when they wrote it!

  20. Jesse in DC says:

    Well Judge Douchnozzle,during Rev War #1, citizens (That is us,We the People) owned our own cannons, and actual no shit WARSHIPS. So you can jam your pussy ruling right up your ass.

  21. Towser says:

    Weapons are not protected by the Second. What was SUPPOSED to be protected was the right of the people to keep and bear arms (armaments). The implication of this amendment was so the people would have the necessary tools to eradicate tyranny – no matter what the source.

  22. ed357 says:

    Give them the same hell on the First Amendment…..

    As in the only protected free speech is the written and/or spoken word as heard at the time of the First Amendment….

    No television….No radio…..No recorded…..No internet….Free Speech….

    then watch them meltdown.

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