People Have A 'Fundamental Right' To Own Assault Weapons, Court Rules

[shadowrider]

"Certain semiautomatic firearms deserve the highest level of protection the Constitution allows, says appellate court.

In a major victory for gun rights advocates, a federal appeals court on Thursday sided with a broad coalition of gun owners, businesses and organizations that challenged the constitutionality of a Maryland ban on assault weapons and other laws aimed at curbing gun violence.

A three-judge panel of the U.S. Court of Appeals for the 4th Circuit said the state's prohibition on what the court called "the vast majority of semi-automatic rifles commonly kept by several million American citizens" amounted to a violation of their rights under the Constitution.

"In our view, Maryland law implicates the core protection of the Second Amendment -- the right of law-abiding responsible citizens to use arms in defense of hearth and home," Chief Judge William Traxler wrote in the divided ruling.

Provisions that outlaw these firearms, Traxler wrote, "substantially burden this fundamental right."

http://www.huffingtonpost.com/entry/assault-weapons-constitutional-protection_us_56b38ec7e4b08069c7a65c21

[appal_jack]

1. Strict scrutiny is the correct test for AWB-type laws.

When explicitly-enumerated Constitutional rights are on the line, judges damn well should employ "strict scrutiny."

More from the article:

Indeed, the biggest surprise in Chief Judge Traxler's 66-page opinion is the words "strict scrutiny," a stringent constitutional test that most government laws and regulations fail. Other courts have applied more forgiving standards to similar gun legislation and upheld it.

The 4th Circuit's decision didn't outright strike down the Maryland legislation. Instead, it instructed a lower court to subject the provision to the higher legal standard, meaning more litigation and the possibility of a future showdown at the Supreme Court -- though maybe not yet, according to Winkler.

k&r,

-app

[n2doc]

2. I want a bazooka

Should make a fine weapon for blowing up trash cans and old appliances, for fun.

[GGJohn]

3. And you can have one,

all it takes is the ATF background check, the $200.00 tax stamp and someone willing to sell you one.

[melm00se]

4. I'd've thought

a bazooka would fall into the destructive devices category. aren't those disallowed under the NFA?

[GGJohn]

5. Yes, it is my understanding that a civilian can own one,

but you have to go through an extensive ATF background check, pay the $200.00 tax stamp, you can also own a tank and the tank rounds under the same conditions.

[virginia mountainman]

6. A live "bazooka" is not only registered as a Destructive Device..

The ROCKETS are as well and each one is subject to the $200 tax stamp, and full NFA controls

...and a few are privately owned..

[benEzra]

7. The Maryland law bans non-automatic civilian rifles with handgrips that stick out, mostly .22's,

not rocket launchers. There is a huge difference in effect between a rocket launcher that can blow up a building or an armored vehicle, and a non-automatic small-caliber civilian rifle.

The year before Maryland's ban was passed, Maryland had 365 murders in the entire state (2012). All styles of rifles combined accounted for only 5 of them. Banning rifle handgrips and magazines that stick out has nothing whatsoever to do with fighting violence or saving lives.

https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2012/crime-in-the-u.s.-2012/tables/20tabledatadecpdf

[Nuclear Unicorn]

8. During the battle of Lexington and Concord the founders were fighting to protect weapon caches

that included artillery whose only use was demolishing fortifications.

[beevul]

10. We also issued "Letters of marque and reprisal".

To the owners of privately owned warships.

[shadowrider]

11. Not many people know

The war started over the British plan to seize weapons.

Good on ya for knowing that.

[Nuclear Unicorn]

12. This forum has been good for forcing me to learn more about history, law, etc.

No one ever got stronger by lifting effortless weights; getting stronger requires resistance and the willingness to accept the exertion.

[shadowrider]

13. You are one of the very few

willing to listen to logic, reasoning and facts.

Again, good on ya.

[Nuclear Unicorn]

14. Thank you

[NaturalHigh]

9. Cool.