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GrundleStiltzkin
Member Posts: 61,481
in Tug Tavern
Appeals court decision casts doubt on Maryland’s assault weapons ban
A federal appeals court on Thursday cast doubt on the legality of Maryland’s 2013 ban on assault weapons and high-capacity magazines passed after the mass shootings at an elementary school in Newtown, Conn.
The 2-1 decision by a panel of the U.S. Court of Appeals for the 4th Circuit sends the gun-control law back to a lower court for review because it “implicates the core protection of the Second Amendment.”
In its majority opinion, written by Chief Judge William B. Traxler Jr., the court found that the Maryland law “significantly burdens the exercise of the right to arm oneself at home.”
The law bans more than 45 types of assault weapons and clips that hold more than 10 rounds of ammunition. Proponents of the law said such weapons are disproportionately used in mass acts of violence and rarely for self-defense. A federal law banning assault weapons expired in 2004.
A group of gun store owners and others challenged the constitutionality of the law, saying that it violated their Second Amendment right to bear arms.
Opponents of the ban, including the Maryland State Rifle and Pistol Association and the Maryland Licensed Firearms Dealers Association, have said that the prohibited firearms are not military weapons. Many owners have bought the guns for lawful purposes such as self-defense, target practice and hunting.
Maryland Attorney General Brian E. Frosh (D) helped pass the law as a state senator, said the majority opinion got it wrong.Never-you-mind that "assault weapon" is an entirely regulatory crafted term that has no real technical meaning, and that military-style does not actually mean fully automatic.
“I think it’s just common sense that the Second Amendment does not give people a right to own military-style assault weapons,” he said Thursday.
Comments
That grinds my gears.
Does the 2nd amendment say all arms except scary ones that get panties in a wad?
the term "assault weapon" has about as much definitive meaning as "guns that look scary"
This is not stripping you of your right to bear arms like the TSA and NSA are stripping you of your privacy.
What if I like the anal probe?
Although, this is a military style assault weapon (repeating rifle with a 30 round magazine) that the founders would have been aware of (Okay, it is not semi-automatic but is basically like a bolt-action):
The Girardoni air rifle was in service with the Austrian army from 1780 to around 1815. The advantages of a high rate of fire, no smoke from propellants, and low muzzle report granted it initial acceptance, but it was eventually removed from service for several reasons. While the detachable air reservoir was capable of around 30 shots it took nearly 1,500 strokes of a hand pump to fill those reservoirs. Later, a wagon-mounted pump was provided. The reservoirs, made from hammered sheet iron held together with rivets and sealed by brazing, proved very difficult to manufacture using the techniques of the period and were always in short supply.
In addition, the weapon was very delicate and a small break in the reservoir could make it inoperable. Finally, it was very different from any other weapon of the time and any soldier using it needed to be highly trained.
The Lewis and Clark Expedition used the rifle in the demonstrations that they performed for nearly every Native American tribe they encountered on the expedition.[1][2]
Although, this is a military style assault weapon (repeating rifle with a 30 round magazine) that the founders would have been aware of (Okay, it is not semi-automatic but is basically like a bolt-action):
The Girardoni air rifle was in service with the Austrian army from 1780 to around 1815. The advantages of a high rate of fire, no smoke from propellants, and low muzzle report granted it initial acceptance, but it was eventually removed from service for several reasons. While the detachable air reservoir was capable of around 30 shots it took nearly 1,500 strokes of a hand pump to fill those reservoirs. Later, a wagon-mounted pump was provided. The reservoirs, made from hammered sheet iron held together with rivets and sealed by brazing, proved very difficult to manufacture using the techniques of the period and were always in short supply.
In addition, the weapon was very delicate and a small break in the reservoir could make it inoperable. Finally, it was very different from any other weapon of the time and any soldier using it needed to be highly trained.
The Lewis and Clark Expedition used the rifle in the demonstrations that they performed for nearly every Native American tribe they encountered on the expedition.[1][2]
I have some nice buffalo hide paintings of this event handed down to me from my Dad's second Dad.
You can't possess a fully automatic weapon, a tank, an attack helicopter, a fighter jet,, etc.