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AKs Not Protected By 2nd Amendment Says CA Court
http://downtrend.com ^ | october 22, 2013 | Brian Anderson

Posted on 10/22/2013 11:34:05 AM PDT by lowbridge

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To: lowbridge
for lawful purposes such as hunting or self-defense

Actually the intent was to shoot the soldiers of a tyrannical government (like the King of England), but why bother pointing that out to a guy who would have been a Tory then.

21 posted on 10/22/2013 11:52:17 AM PDT by Regulator
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To: G Larry
"Well then, perhaps this court is prepared to define the difference between a modern hunting rifle and an AK, without using the phrase “looks scary”."

What's funny is tht in my neck of the woods the scary looking AR clone rifles are rapidly become one of the more popular hunting rifles. People just love to play with their toys.

22 posted on 10/22/2013 11:53:00 AM PDT by circlecity
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To: lowbridge

A case of:

The 2nd amendment means what ever we say it means not what is written there, you stupid peasants.


23 posted on 10/22/2013 11:53:28 AM PDT by Calamari (Pass enough laws and everyone is guilty of something.)
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To: jeffc

I had to check the byline to see if this was satire.

So the AK is bad because it isn’t “needed” for hunting or self-defense. And then they use the Miller case in their reasoning, but in that case they ruled against the sawed-off shotgun because they thought it wasn’t a military weapon.

And the kicker on what I thought was satire was when they said “the AK is as dangerous and odd as the sawed-off shotgun”. Well so is a rabid monkey in your pants.


24 posted on 10/22/2013 11:54:29 AM PDT by 21twelve ("We've got the guns, and we got the numbers" adapted and revised from Jim M.)
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To: lowbridge

And yet “assault weapons” are among the least powerful firearms a person can purchase.

but they look mean


25 posted on 10/22/2013 11:54:51 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: G Larry

But-but-but “looks scary” IS the difference between a hunting rifle and a firearm designated as an “AK” rifle.

For a REALLY high-powered long-range assault weapon, the prospect of using an electrically-powered linear acceleration launch platform, rather than some variation of gunpowder, may be the next big technological advance. Muzzle velocities of 10,000 fps, using a missile of no more than the size of a sewing needle, would prove to be much more deadly.


26 posted on 10/22/2013 11:55:59 AM PDT by alloysteel (Men may not always be capable of evil, but they are always capable of incompetence.)
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To: lowbridge
This should be overturned unless the government is going for the complete disarmament. You have to wonder why they are so eager to strip citizens of any weapon. What are they afraid of?

The United States Supreme Court already defined (MANY years ago) the weapons under the 2nd Amendment. Notice, they say nothing of hunting or self-defense. BTW, AKs make good hog hunting rifles.

United States v. Miller (1939)

In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.

27 posted on 10/22/2013 11:56:50 AM PDT by Azeem (There are four boxes to be used in the defense of liberty: soap, ballot, jury and ammo.)
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To: lowbridge

I think a lot of people worldwide will be surprised to find that an AK has “no military purpose”


28 posted on 10/22/2013 11:57:16 AM PDT by thorvaldr
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To: lowbridge

Those judges need a whiff of antiquated grape shot.


29 posted on 10/22/2013 11:59:17 AM PDT by TexasRepublic (Socialism is the gospel of envy and the religion of thieves)
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To: Azeem

“In the absence of any evidence tending to show that possession or use of a “shotgun having a barrel of less than eighteen inches in length” at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. “

Sawed off shotguns were used in WW1, so the court here on Miller 1939 was wrong as well.


30 posted on 10/22/2013 11:59:34 AM PDT by lowbridge
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To: lowbridge

They used US vs Miller?!

SWEET! Maybe this will go to the SCOTUS and Miller will be thrown out.

Hey, I can dream.


31 posted on 10/22/2013 12:07:31 PM PDT by RandallFlagg (IRS = Internal Revenge Service)
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To: lowbridge

Yes, they were, but the case couldn’t be completed because Miller died and his partner pleaded to a lesser charge. Now, the Supreme Court is too chicken to

We already know even some artillery is legal to own (black powder cannons). The courts are just too corrupt and cowardly to do their job.


32 posted on 10/22/2013 12:07:59 PM PDT by Azeem (There are four boxes to be used in the defense of liberty: soap, ballot, jury and ammo.)
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To: Azeem

Oops. Was editing and clicked too quickly.


33 posted on 10/22/2013 12:08:47 PM PDT by Azeem (There are four boxes to be used in the defense of liberty: soap, ballot, jury and ammo.)
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To: lowbridge

TOTALLY incorrect interpretation of the 2nd Amendment.

“...but is instead the right to possess and carry weapons typically possessed by law-abiding citizens for lawful purposes such as hunting or self-defense.”

The second amendment talks about the militia. The SCOTUS recognized this is US vs Miller where the Supreme Court ruled that the federal government and the states could limit any weapon types not having a “reasonable relationship to the preservation or efficiency of a well regulated militia.”

The AK series rifles are well know military rifles and are MOST appropriately a milita weapon.


34 posted on 10/22/2013 12:11:31 PM PDT by taxcontrol
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To: lowbridge

“on the grounds they had no military or civilian purpose.”

Did the Ca 4th District Court of Appeals Judges attend the “Rachel Jeantel Skool of Law” or what? They need a refund. Whether or not “Miller” adequately interprets the 2nd Amendment, that ruling makes fitness for military use the standard for a firearm’s legality. That the AK has no “military purpose” will be news to the Red Army, the Chinese PLA, North Korea, Iran, Al Qaeda, and 80%of forces outside Europe. Congress will need to open hearings on why the CIA distributed millions of AK’s to allies and proxy forces worldwide, only to find out they had no military use.

Deliberately bass-ackwards ruling. Hopefully this will be appealed to sentient beings.


35 posted on 10/22/2013 12:14:07 PM PDT by Chewbarkah
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To: lowbridge

It shouldn’t take too long to do some research and find battles wherein our soldiers were being attacked by terrorists or soldiers of another nation’s military, and at times, where our soldier’s weapons became dysfunctional, they grabbed the enemy’s AK 47’s and used them AGAINST THEM!


36 posted on 10/22/2013 12:15:06 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: Brooklyn Attitude

“Its just straight DOWN.”

And accelerating, with a vacuum!

Kind of like the view of a toilet flushing; one of those new ones with power jet action.


37 posted on 10/22/2013 12:16:19 PM PDT by Scrambler Bob ( Concerning bo -- that refers to the president. If I capitalize it, I mean the dog.)
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To: 556x45

This kind of logic is the logic of tyranny. Sawed off shotguns and AK 47s are definitely weapons our military has used in COMBAT! God what stupid jackasses.


38 posted on 10/22/2013 12:17:15 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: lowbridge
Wrong, wrong, wrong, wrong.

The Second Amendment is a recognition of the danger of standing armies. Its purpose is to recognize that every citizen has the right to keep and bear the same type of basic arms as a soldier in a modern military. A militia embodies all able-bodied men over the age of sixteen. Therefore, a militia will always outnumber a standing army by at least twenty to one. If this militia is armed with weapons similar to those used by the individuals comprising the standing army, it will be impossible for that standing army to inflict the will of a tyrannical government upon the people. The Second Amendment is the guarantee behind all the other articles in the Bill of Rights. It is the ultimate guarantee that citizens in the United States will remain free.

39 posted on 10/22/2013 12:18:09 PM PDT by Bloody Sam Roberts (So Obama "inherited" a mess? Firemen "inherit" messes too. Ever see one put gasoline on it?)
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To: jeffc

“What a serious misrepresentation and interpretation of the 2A. Obviously, these “judges” are unaware of the history behind the 2A, that or they don’t care.”

It’s the latter, I’m sure.


40 posted on 10/22/2013 12:18:33 PM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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