Maryland's 'Assault Weapon' and High Capacity magazine ban struck down!

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  • NugginFutz
    Chieftain
    • Aug 2013
    • 2622

    Maryland's 'Assault Weapon' and High Capacity magazine ban struck down!

    While likely to be appealed, the thought of the 4th Circuit's decision on this prevailing makes me believe that there is hope.

    The most popular and widely respected voice in America for your gun rights, breaking 2nd Amendment news, and everything else you need to know as a gun owner...





    The nuts and bolts of it are this:

    Most, if not all, gun control laws on the books in blue states are typically subject only to intermediate (or lesser) scrutiny. States with such laws only have to express a "for the public good" rationale in order to justify these laws.

    What the 4th Circuit of appeals has done is make Maryland's law subject to strict scrutiny, whereby the states must not only define exactly what it is they're trying to accomplish, but also explain how the law in question actually achieves the stated goal.

    Up to this point, virtually all the other enumerated rights have been subject to strict scrutiny, with the 2nd amendment being the conspicuous exception. This ruling, if it stands, changes that in a major way.

    In other words, the usual emotional smoke screens offered as justification will no longer be adequate when these unconstitutional laws are challenged.

    "What part of 'Shall not be infringed' don't you understand?"
    If it's true that we are here to help others, then what exactly are the others here for?
  • Drillboss
    Warrior
    • Jan 2015
    • 894

    #2
    I'm an engineer, not a lawyer or any kind of legal scholar and I only got through scanning about 30 pages of the opinion.

    However, my interpretation is that based on this opinion, no state or federal level "assault rifle" ban can pass 2nd amendment scrutiny. That being said, the next president very well could appoint a few Supreme Court justices.

    Vote accordingly gentlemen.

    Comment

    • 1075 tech
      Warrior
      • Apr 2015
      • 681

      #3
      Yet the 2nd Circuit held that NY's and CT's bans WERE constitutional based on the Governments "need" for public safety, without a demonstration of actual success. As we learned from the 10 year Federal AWB, the laws made no difference.

      Most normal people can see right through these bans for what they are. They are based purely on cosmetic features but are paving the way to an outright ban on semi-autos.

      This will eventually end up at the Supreme Court although they have let lower court rulings stand as they have turned down cases recently.

      Didn't Hillary just recently say that Obama should be considered for a Supreme Court nomination?

      Comment

      • bow shot
        Bloodstained
        • Aug 2015
        • 67

        #4
        Yes, that is if he isn't flown by a flotilla of demons directly to the U.N.

        Comment

        • McFireFighter
          Warrior
          • Jan 2016
          • 148

          #5
          We can only hope. They finally are back to letting you buy lowers here. But still must wait and is considered a registered firearm. But you can buy a AR 10 cash and carry all day long. Yeah they are wise here.

          Comment

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