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Third Circuit: Second Amendment is a Second Rate Right
Ammoland ^ | 7 December, 2018 | Dean Weingarten

Posted on 12/16/2018 3:44:02 PM PST by marktwain

Standard Capacity 223 Magazine Bans Ammunition

In a split decision, a three judge panel at the Third Circuit Court of Appeals effectively ruled the Second Amendment of the Bill of Rights is a second-rate right, not entitled to the full protections of other enumerated rights.  The opinion was filed on 5 December, 2018. The case is Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 18-3170 (3rd Cir. 2018).

The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status.  Only a month ago, the First Circuit ruled the Second Amendment does not apply outside of the home.

The rogue Circuits are able to do this because the Supreme Court has been refusing to hear Second Amendment cases for nearly a decade.  The Supreme Court only hears a limited number of cases. They are not required to hear all cases.

Some Circuit courts are gutting the Second Amendment by claiming it is not really a right. Rather, they say, it is a privilege the government may regulate if the government thinks it might do some good to regulate it.  These Jurists seem embarrassed by the Second Amendment. They seem to believe their job is to limit it as much as possible, rather than to protect it as a fundamental right.

Judge Stephano Bibas wrote the dissenting opinion in the Third Circuit ruling. He is an outstanding jurist who was appointed by President Trump.  At only 49 years old, he is already the 15th most cited jurist by the Supreme Court.

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


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Politics/Elections
KEYWORDS: banglist; guns; secondamendment; thirdcircuit
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The Third Circuit simply relegates the Second Amendment to Second Class status.
1 posted on 12/16/2018 3:44:02 PM PST by marktwain
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To: marktwain

So they think. We The People know better.


2 posted on 12/16/2018 3:46:26 PM PST by GingisK
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To: marktwain

The first amendment is running a close 2nd.


3 posted on 12/16/2018 3:46:47 PM PST by NewHampshireDuo
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To: marktwain

RKBA - the most controversial right in the Constitution.


4 posted on 12/16/2018 3:48:21 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: marktwain

SCOTUS relegated ALL so-called rights in the Constitution to privileges several times - sorry I can’t cite the case law. Only Treaty Tribes have, according to SCOTUS, Rights enshrined in the Constitution. Privileges which, as you see, cen be revoked at any given time.


5 posted on 12/16/2018 3:49:36 PM PST by PIF (They came for me and mine ... now it is your turn ...)
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To: goldstategop

SCOTUS will start hearing Second Amendment cases after PDJT fills a sudden vacancy if you get my drift.


6 posted on 12/16/2018 3:50:45 PM PST by elcid1970 (My gun safe is saying, "Room for one more, honey!")
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To: marktwain

Judges who believe this should be thrown out and put into the NICS so they never have to have their poor widdle feewings damaged by the presence of evil guns.


7 posted on 12/16/2018 3:54:06 PM PST by RandallFlagg (Fact: Gun control laws kill innocents.)
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To: NewHampshireDuo

Next thing your know, we’ll be quarter in soldiers.


8 posted on 12/16/2018 3:54:10 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: marktwain

The SCOTUS needs to address the meaning of “...shall not be infringed”. Those words are pretty straight forward.


9 posted on 12/16/2018 3:54:25 PM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: marktwain

"second-rate right, not entitled to the full protections of other enumerated rights."

I do not recall at any time of my education the use of the term "second-rate right" used. I don't know what that is. And I do not recall judges being given the authority to ascribe which rights among the Bill of Rights are worthy of full protection under the law, and which are not. This is horse-pucky. The judges should sentence themselves to hang.


10 posted on 12/16/2018 3:54:26 PM PST by so_real ( "The Congress of the United States recommends and approves the Holy Bible for use in all schools.")
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To: marktwain

“The two majority judges followed the trend of other Circuits where the Second Amendment is being degraded and reduced to second-rate status.”

There has to be a day of reckoning...there just has to be.


11 posted on 12/16/2018 3:56:33 PM PST by Bonemaker (invictus maneo)
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To: marktwain

And, yet, “made up” rights like abortion and men peeing in girl’s bathrooms can/will NOT be regulated or limited in ANY way...

And you better bake the damn cake.


12 posted on 12/16/2018 3:57:54 PM PST by 2banana (Were you)
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To: marktwain

We need take the power from these judges to interpret the meaning of the constitution to which ever way their little biased minds want.... and their party’s politics.


13 posted on 12/16/2018 3:59:56 PM PST by DOC44
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To: PIF
Certain rights are unalienable - as recognized and enshrined in Declaration of Independence. It is very legitimately argued that the second amendment to the Constitution is necessary to protect these unalienable rights from those who would take them from us - including government. It follows, that to exercise the 'Right of the People' to alter and abolish governments that become tyrannical and/or oppressive, they need to have access to arms to protect their rights - from government if necessary (as it has become in so many instances in world history).

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

14 posted on 12/16/2018 4:03:06 PM PST by neverevergiveup
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To: DOC44
I think this is a pretty good explanation of what has been going on for a hundred years:

Gun Control is in Progressivism’s DNA

15 posted on 12/16/2018 4:04:05 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

I wonder if the other amendments, beyond the Bill of Rights, to the Constitution can be designated as first rate, second rate, or even third rate. For example, the 22d Amendment. What if Obama decided that he wanted to run for President again and what if his friendly judges decided that the 22d Amendment was a third rate Amendment, only applying to Republican candidates. Then, Obama could become President for Life and he could proclaim that the entire Constitution was a third rate document, only in effect for those matters chosen by the President for Life.


16 posted on 12/16/2018 4:05:01 PM PST by centurion316
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To: neverevergiveup
Certain rights are unalienable - as recognized and enshrined in Declaration of Independence. It is very legitimately argued that the second amendment to the Constitution is necessary to protect these unalienable rights from those who would take them from us - including government.

Progressives do not believe those statements.

See the link in post 15.

17 posted on 12/16/2018 4:05:49 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: marktwain

Go Lord they are as dumb as the ninth. This is a priority right. SCOTUS better fix this quick


18 posted on 12/16/2018 4:07:28 PM PST by Nifster (I see puppy dogs in the clouds)
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To: centurion316

The USSR had freedom of religion in its constitution. That writing was useless since judges didn’t enforce it. The same will happen here.


19 posted on 12/16/2018 4:08:04 PM PST by aimhigh (1 John 3:23 "And THIS is His commandment . . . ")
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To: marktwain

A “second-rate” right.

Looks like we have some fifth-rate judges in the Third Circuit.


20 posted on 12/16/2018 4:08:20 PM PST by SharpRightTurn (Chuck Schumer--giving pond scum everywhere a bad name.)
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