Daryl Hunt
Your Worst Nightmare
- Banned
- #101
Federal judge upholds Massachusetts ban on AR-15, large capacity magazines
Oh, really. Last time I checked, not only were there many municipalities but also entire states like California, Hawaii, Maryland, Massachusetts, New Jersey and Washington, D.C that specifically ban or highly regulate the AR-15 specifically by name. The Ban has been upheld him Federal Court. Here is the ruling in the Boston Federal Court.
"The AR-15 and its analogs, along with large capacity magazines, are simply not weapons within the original meaning of the individual constitutional right to ‘bear arms,’" U.S. District Judge William Young, a Reagan appointee, wrote in a decision Thursday in Boston, dismissing a lawsuit over the state law.
Just stop making shit up.
And they are unConstitutional.... they ignored Heller, and now, if Kavanaugh gets confirmed it will be overturned... considering that that circuit ignored D.C. v Heller, Caetano v Massachusetts, Friedman v Highland Park, Miller v United States...... Those judges are ignoring Supreme Court decisions..
You are wrong.
This is Scalia, telling the Court why they should have taken that case and told the circuit they were wrong.....Scalia wrote the opinion in D.C. v Heller and here he explains to that judge how he is wrong....
If Kavanaugh get seated on the court....look for that illegal decision to be overturned.
https://www.supremecourt.gov/opinions/15pdf/15-133_7l48.pdf
That analysis misreads Heller. The question under Heller is not whether citizens have adequate alternatives available for self-defense. Rather, Heller asks whether the law bans types of firearms commonly used for a lawful purpose—regardless of whether alternatives exist. 554 U. S., at 627–629.
And Heller draws a distinction between such firearms and weapons specially adapted to unlawful uses and not in common use, such as sawed-off shotguns. Id., at 624–625. The City’s ban is thus highly suspect because it broadly prohibits common semiautomatic firearms used for lawful purposes.
Roughly five million Americans own AR-style semiautomatic rifles. See 784 F. 3d, at 415, n. 3. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. See ibid. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons. See McDonald, 561 U. S., at 767–768; Heller, supra, at 628–629.
But they didn't rule on it, did they. Oh, they heard it but elected to kick it back to the lower court. Meaning, the ruling at the Supreme Court would be the same as the lower court so why take the time. A dissent is a losing argument not a winning argument. It means nothing.
Heller only says that the government can't ban traditional Handguns nor can they force them to be rendered inoperative in the homes. That's it. It didn't deal with anything else. It can be taken a step further if you wish and include other traditional firearms like hunting rifles and shotguns. But the AR has been proven in Federal Court that it's NOT considered a traditional Rifle. it's been specifically singled out by name as a non traditional firearm and can be banned and heavily regulated at the state and local levels.
And there aren't 5 million people out there with the AR-15. There has been about 5 million manufactured by various companies but most are owned by just a few people. You need to stop making up shit.
No... they didn't hear the case, they didn't take it..... that is the point. You don't know what you are talking about..... It takes 4 justices to vote to hear a case...4 justices did not vote to hear the case...because neither side could trust Kennedy...
That has now changed.
The federal courts are ignoring Heller, Caetano, Friedman, you don't know what you are talking about... the AR-15 is the exact same rifle as all other semi auto rifles you doofus....
'Assault Weapons,' Explained
After the law expired, sales of previously banned rifles exploded. Based on production and import data from 1990 through 2016, the National Shooting Sports Foundation, a trade group, estimates that Americans own more than 16 million guns that politicians would deem "assault weapons," which the industry prefers to call "modern sporting rifles."
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The faulty logic of such legislation actually works to the benefit of those who support "broader gun control." Once people realize that banning these firearms has no measurable effect on violence, they may be primed to accept more ambitious measures. At the same time, if the flimsy arguments in favor of "assault weapon" bans are enough for them to survive judicial review, the Second Amendment barriers to gun control will be eroded.
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What Would It Look Like If The Media Told The Truth About AR-15s?
AR-15s are the most common kind of rifle sold in the United States.
Though the media will never admit it, variation of the AR-15 is by far the most common rifle sold in the United States. While exact figures are hard to pin down for a family of firearms that has been on the civilian market continuously since 1963 and which has been made by dozens of companies, estimates are 8-9 million AR-15 variants in the United States.
AR-15s sales are up sharply, yet their use in crime is dropping.
Despite sales of AR-15s growing astronomically in recent years, homicides committed with rifles of all kinds are exceedingly rare and continue to plummet. Just 367 murders of 8,874 murders committed in 2010 were committed with any kind of rifle, and murders committed with AR-15s was too rare to bother tracking individually. Rifle homicides dropped to 298 in 2012, and to just 248 in 2014.
Here is the ruling once again. Since you won't click on a friggin link, here is the text.
Federal judge upholds Massachusetts ban on AR-15, large capacity magazines
Federal judge upholds Massachusetts ban on AR-15, large capacity magazines
Doug Stanglin, USA TODAY Published 9:22 a.m. ET April 7, 2018 | Updated 10:47 a.m. ET April 7, 2018
A federal district court judge in Boston has upheld the state's ban on assault weapons – AR-15 semi-automatic rifles and large-capacity magazines – finding that the issue is not a constitutional matter but one for each state to determine on its own politically.
"The AR-15 and its analogs, along with large capacity magazines, are simply not weapons within the original meaning of the individual constitutional right to ‘bear arms,’" U.S. District Judge William Young, a Reagan appointee, wrote in a decision Thursday in Boston, dismissing a lawsuit over the state law.
Young was ruling for the state in upholding Massachusetts Attorney General Maura Healey's decision in 2016 to broaden the definition of “copies or duplicates" of AR-15s and other semi-automatic rifles that are banned under a 1998 state law covering assault weapons.
Healey's decision, which was challenged by a gun-rights group, came in the wake of the June 2016 shooting at the Pulse nightclub in Orlando, where 49 people were killed by a gunman armed with a semi-automatic rifle and semi-automatic pistol.
The issue has taken on a new sense of urgency following the Valentine's Day killing in Parkland, Fla., of 17 people by a gunman armed with an AR-15. Student survivors of the Florida shooting have mounted a campaign calling for a nationwide ban on the weapons.
In his ruling in Boston, Young quoted from the writings of the late Supreme Court Judge Antonin Scalia, a conservative and an "originalist," who believed the Constitution should be interpreted in accordance with its original meaning at the time it was written.
Writing for the U.S. Supreme Court in 2008, in a ruling that struck down a handgun ban in Washington, D.C., Scalia had found that the Second Amendment "does not provide a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose."
"Weapons that are most useful in military service — M-16 rifles and the like" aren’t protected by the Second Amendment and "may be banned," Young quoted Scalia as writing on behalf of the five-member majority.
The AR-15, a semi-automatic weapon and technically not an assault weapon, is similar to the M-16, an assault rifle first used on the battlefield in Vietnam.
Healey welcomed Young’s ruling. “Strong gun laws save lives, and we will not be intimidated by the gun lobby in our efforts to end the sale of assault weapons and protect our communities and schools,” she said in a statement.
The National Rifle Association said in a statement that it was "extremely disappointed" in the ruling and argued that Young distorted Scalia's position.
The NRA said Scalia had joined a dissent in 2015 that said the decision by millions of Americans to own AR-style rifles for lawful purposes "is all that is needed for citizens to have a right under the Second Amendment to keep such weapons."
Young had rejected arguments by the Massachusetts plaintiffs, including the Gun Owners’ Action League Inc., who had challenged the state ban in part by declaring the AR-15 to be extremely popular in the U.S.
"The AR-15’s present day popularity is not constitutionally material," Young wrote.
In his conclusion, Young declared that the fate of the AR-15 and similar weapons is not of "constitutional moment" but one that should be left for each individual state and its people to decide politically.
"Americans are not afraid of bumptious, raucous and robust debate about these matters. We call it democracy," Young wrote. "Justice Scalia would be proud."
If you wish to read the court ruling papers you can go to Plaintiffs vs. Healey and read it. The NRA played the Scalia card like you do and it didn't work for them either.
Now, stop making shit up.
Moron...... The lower court is ignoring the actual ruling in Heller, Caetano, Miller, and Friedman..... they are breaking the law by ignoring the Supreme Court.... you doofus....
I cut the crap you keep reposting. You know, where you post only the part of the ruling that you believe agrees with you and you leave out the real meat of the ruling that says the exact opposite. The fact remains that it's not the Federal Power to regulate firearms. It's the State. The only thing the Federal Courts have said that home defense with rational firearms cannot be infringed and that would be a handgun. All other firearms fall directly under the States Rights where they determine what is and what isn't a rational home defense, hunting and sport firearm. Again, this falls under the 2nd and the 14th amendment giving the States those rights. You want to follow the Constitution? Follow all of it, not just the 3 words that you interpret the way you want them to read. And stop making shit up.