It Looks Like We Finally Won One!

[billt]

http://www.msn.com/en-us/news/us/people-have-a-fundamental-right-to-own-assault-weapons-court-rules/ar-BBp8GB2?ocid=spartanntp

[Jim Kennedy-ar154me]

I saw that. Now if we could somehow get that at a national level.

[jaybet]

So we have divided rulings at circuit courts. Last year SCOTUS refused to take a case where an obvious conflict between circuit courts existed, so they seem to be very reluctant to take this on.
Then you have entire state governments like NJ with their fingers in their ears yelling, "La la la la la" so they can't hear anything.
It's still going to be a long road.

[tombogan03884]

It SHOULDN'T be a long road.
The Miller decision by the SCOTUS was based on the idea that that Millers sawed off shot gun had no use as a militia weapon which was what they ruled the 2nd amendment actually protected.
Every statement by the anti's is exactly contrary to that, saying "assualt weapons" have no place in society when in fact they are, according to SCOTUS the very weapons that ARE protected.
Based on that reasoning it would be acceptable to ban single shot shot guns, but not AR's.

[vincewarde]

This is perhaps the best ruling by an appeals court ever.  Consider the highlights:

1) The 2nd Amendment right is to be accorded the highest level of legal protection: Strict Scrutiny. This is the gun control movement's worst nightmare, because most gun control laws on the books will not survive this level of review - which requires that gun laws both serve a compelling purpose AND achieve that purpose in a way that places the least burden possible upon the right involved.

2) Maryland's AWB does burden the 2nd Amendment rights of its' citizens.

3) It is the government burden to establish that a firearm is not protected by the 2nd Amendment, not the reverse.

4) AR and AK pattern firearms are in "common use" and likely thus protected by the 2nd Amendment.

5) Nothing is the historic Heller decision by SCOTUS allows courts to even consider if a firearm is "unusually dangerous", Only firearms that are both unusual AND dangerous may be banned. Many gun laws depend upon only one of these two characteristics.

[Sponsor]

[MikeBjerum]

This is perhaps the best ruling by an appeals court ever.  Consider the highlights:

1) The 2nd Amendment right is to be accorded the highest level of legal protection: Strict Scrutiny. This is the gun control movement's worst nightmare, because most gun control laws on the books will not survive this level of review - which requires that gun laws both serve a compelling purpose AND achieve that purpose in a way that places the least burden possible upon the right involved.

2) Maryland's AWB does burden the 2nd Amendment rights of its' citizens.

3) It is the government burden to establish that a firearm is not protected by the 2nd Amendment, not the reverse.

4) AR and AK pattern firearms are in "common use" and likely thus protected by the 2nd Amendment.

5) Nothing is the historic Heller decision by SCOTUS allows courts to even consider if a firearm is "unusually dangerous", Only firearms that are both unusual AND dangerous may be banned. Many gun laws depend upon only one of these two characteristics.

"Common use" and "unusual and dangerous" are two items that can be twisted and used to infringe.  I'm glad this went the way it did, but there is a poison pill in the details that should keep us vigilant.

[vincewarde]

"Common use" and "unusual and dangerous" are two items that can be twisted and used to infringe.  I'm glad this went the way it did, but there is a poison pill in the details that should keep us vigilant.

Perhaps, but I think not.  Consider that in Heller, the justices looked back to the founders.  They considered what kinds of arms were brought by people called into militia service.  They also considered that to permit the government to decide what arms were protected would render the 2nd Amendment meaningless. Clearly there has to be some limit to the kind of arms protected.  Allowing citizens to possess nukes and armed fighter jets is absurd.  The common use test is the best we could ever hope for - as illustrated by this sound ruling.  Furthermore, as the court pointed out - arms must be both unusual and exceptionally dangerous.  Additionally, in Heller, the principle of liner decedents is set forth. Today's handguns, rifles and shotguns are protected because they are descended from those more primative models available in the past.  So future, improved models will also be protected.

The real danger is that - should we lose the presidency - a change in the court's make up will result in a reversal of Heller/McDonald.  We should be prepared to pass a constitutional amendment to restore our 2nd Amendment rights.