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Federal court deals blow to gun reformers saying people have 'fundamental right' to own assault
Daily News ^ | February 6, 2016 | Laura Bult

Posted on 02/07/2016 8:10:45 AM PST by Cheerio

FULL TITLE - Federal court deals blow to gun reformers saying people have 'fundamental right' to own assault weapons in rejection of Maryland law


A federal court said that assault weapons are in such "common use" that owning them is a "fundamental right" in a decision that could force the Supreme Court to rule on whether the firearms are legal.

On Thursday, a three-judge federal panel dealt a blow to anti-gun violence advocates when they rejected portions of a Maryland gun reform law.

The legislation was passed following the Sandy Hook massacre which claimed the lives of 20 children and six adults. The shooter, Adam Lanza, used an AR-15-style semi-automatic assault rifle.

Then Maryland Gov. Martin O’Malley--who recently threw in the towel on his bid for presidency--signed the Firearm’s Safety Act in May 2013 which banned assault weapons and magazines that had more than ten rounds and required all gun buyers to submit digital fingerprints to the police.

(Excerpt) Read more at nydailynews.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: Maryland
KEYWORDS: 2ndamendment; assaultweapon; automatics; banglist; federalcourt; freakstate; fundamentalright; guns; lawsuit; maryland; rkba; ruling; secondamendment
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The law was signed in conjunction with similar gun reform laws in Connecticut and New York, following the Newtown shooting--federal appellate courts upheld those laws.

In a 2-1 decision by a three-judge panel, the federal circuit court upheld the portion of the law which would require fingerprinting, a now commonplace practice in states like New York, but sent back pieces of the law that would ban assault weapons.

The law will be sent back to a district court which will have to apply stricter constitutional standards to its review.

SCORE ONE FOR THE 2ND, for the time being at least. The gun banners - like all liberal agendas - will not be given up on until they have put us out of existence.
1 posted on 02/07/2016 8:10:45 AM PST by Cheerio
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To: Cheerio

We will have to watch now, how “The United Way”, an organization that picks money from every federal employees’ Combined Federal Contributions Fund, starts meddling with every citizens’ 2A rights, which now can also be said that every federal employee is messing with!


2 posted on 02/07/2016 8:19:22 AM PST by Terry L Smith
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To: Cheerio
I read one legal academician say the 2nd amendment meant access to firearms in common useage, and this stile of rifle is certainly in common useage.
3 posted on 02/07/2016 8:22:07 AM PST by Retain Mike
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To: Cheerio
Gun reformers

Uh huh. Because guns need reforming.

But it sounds better than "gun nazis" or "disarmists."

4 posted on 02/07/2016 8:36:34 AM PST by IronJack
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To: Cheerio
A federal court said that assault weapons are in such "common use" that owning them is a "fundamental right" in a decision that could force the Supreme Court to rule on whether the firearms are legal.

I don't buy the common use = fundamental right argument.

People commonly cheat on their income taxes, does that transfer into a fundamental right to cheat on your income taxes like every one else does?
People commonly exceed the speed limits while driving.... etc.

I am sure there are better arguments, to protect the 2nd amendment rights of the citizens. -Tom

5 posted on 02/07/2016 8:44:27 AM PST by Capt. Tom
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To: Capt. Tom

“People commonly cheat on their income taxes, does that transfer into a fundamental right to cheat on your income taxes like every one else does?
People commonly exceed the speed limits while driving.... etc.”

Neither of these issues is part of the Constitution. Driving is not a “Constitutional Right!,” having a gun is!


6 posted on 02/07/2016 9:01:06 AM PST by vette6387
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To: Cheerio
FULL TITLE - Federal court deals blow to gun reformers saying people have 'fundamental right' to own assault weapons in rejection of Maryland law


  "The semi-automatic weapons' menacing looks, coupled with the public's
   confusion over fully automatic machine guns versus semi-automatic
   assault weapons anything that looks like a machine gun is assumed to
   be a machine gun can only increase that chance of public support for
   restrictions on these weapons."
                       --  Josh Sugarman, 1988, Violence Policy Center.

7 posted on 02/07/2016 9:01:10 AM PST by Peet (I'd say to hell with the media, but hell doesn't want them either.)
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To: Cheerio

When the second amendment was written all rifles were assault rifles.


8 posted on 02/07/2016 9:06:00 AM PST by CrazyIvan (Hey Pope Francis- The Gospels are not Matthew, Marx, Luke and John.)
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To: Cheerio

Notice how the Daily News author uses words like REFORM when the issue of pro or anti 2d amendment has zero to do with reform as reform has always meant in the US.


9 posted on 02/07/2016 9:09:26 AM PST by spintreebob
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To: vette6387
Neither of these issues is part of the Constitution. Driving is not a "Constitutional Right!," having a gun is!

I understand that, and I mentioned the 2nd Amendment in my post.

My disagreement is with using the everybody does it, or has an assault weapon, as a reason for a fundamental right . The Constitution grants the right in the second amendment and that , to me, is how these legal things should be argued. - Tom

10 posted on 02/07/2016 9:09:36 AM PST by Capt. Tom
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To: Terry L Smith

United Way will regret getting involved. Their donations will drop.


11 posted on 02/07/2016 9:33:12 AM PST by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
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To: CrazyIvan

Well.....kinda sorta about 18th century muskets & rifles.

Except, what made a musket an assault weapon was its being of a standard caliber to be reloaded with paper cartridges, and was fitted to take a bayonet. Deployed in massed ranks with fixed bayonets, the musket was truly an assault weapon.

Rifles took much longer to reload with patched ball, and riflemen were normally stationed on the flanks to pick off enemy officers. “Aim for the gorgets!” was their order for battle.

Ironically, there are Constitutional idiots out there who feel that the 2nd Amendment only confers the right to own firearms such as they were in 1791. These include a former Supreme Court chief justice.


12 posted on 02/07/2016 10:42:51 AM PST by elcid1970 ("The Second Amendment is more important than Islam.")
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To: Capt. Tom

The fact that Second Amendment gets any scrutiny is disgusting. What’s next the First Amendment. Don’t answer that, because it’s next!


13 posted on 02/07/2016 10:57:55 AM PST by vette6387
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To: IronJack

Speaking of “gun nazis,” this decision should at least make dianne feinstein feel confident that her private assault weapon collection will be safe.


14 posted on 02/07/2016 11:49:53 AM PST by DPMD
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To: CrazyIvan

And they still are. Which is why the grabbers will use terms like “assault-style weapon” to continue expanding the ban until it reaches all weapons.


15 posted on 02/07/2016 11:52:18 AM PST by DPMD
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To: Cheerio

Sounds like the Safe Act foes might have some ammo to get it repealed. I would love to see Cuomo get smacked down hard.


16 posted on 02/07/2016 11:54:49 AM PST by Dutch Boy
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To: Cheerio
anti-gun violence advocates

Those people are not anti gun violence. They are anti self defense by gun advocates. Most of them are anti self defense altogether advocates. A liberal believes that self defense is rational response to attack and is therefore a conscious act by an individual without the necessary collective action and that individual is therefore culpable of the crime of violence. Violence by a criminal is conditioned by the unfair society in which he lives and is not a conscious act and therefore the criminal is not culpable and nee only some TLC and a little re-education. To a hard leftist the criminal is a social ally of the rulers and is useful for keeping the middle class off balance while it is being converted into serfs.

17 posted on 02/07/2016 1:01:34 PM PST by arthurus (Het is waar. Tutti i liberali sono feccia.)
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To: vette6387
The fact that Second Amendment gets any scrutiny is disgusting. What’s next the First Amendment. Don’t answer that, because it’s next!

For years the Muslims have been trying to subvert our first Amendment right to free speech.
The reason is; under Sharia any statement whether TRUE or false that is considered offensive to Islam is a punishable offense.
The Muslims want to shut up anyone telling the truth about the bad things in Islam.
They will work 24/7 to accomplish this. -Tom

18 posted on 02/07/2016 3:35:10 PM PST by Capt. Tom
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To: Cheerio
'fundamental right' to own assault weapons

"Assault Weapon" was nothing more than a term to demonize certain firearms that looked deadly........

FTIW, they used the same playbook that demonized the tobacco industry........

19 posted on 02/07/2016 3:38:00 PM PST by Hot Tabasco (Dear Santa: Please find a home for every homeless and unwanted cat and dog that is suffering)
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To: Cheerio; Abundy; Albion Wilde; AlwaysFree; AnnaSASsyFR; bayliving; BFM; Bigg Red; ...

Maryland “Freak State” PING!


20 posted on 02/07/2016 4:08:12 PM PST by Tolerance Sucks Rocks (Terrorism, the thing that shall not be named by the MSM)
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