“Here’s the bottom line, citizens of Maryland: A federal court has defied the Supreme Court and decided that the constitutional right to keep and bear arms is limited to those guns that have no modern military analog and have not (yet) been used to carry out a mass shooting. So dust off those pearl-handled revolvers.
Learn to shoot like Doc Holliday. Criminals won’t comply with Maryland’s brainless law, so your aim had better beat their firepower.”
A Federal Court of Appeals Goes to War against the Second Amendment
A court decides that criminals should outgun citizens.
From National Review: By DAVID FRENCH, February 22, 2017 @DAVIDAFRENCH
What happens when you mix contempt for individual rights with a healthy dose of willful ignorance and fear? You get the Fourth Circuit Court of Appeals, the court that’s teaching the legal Left the recipe for attacking the Second Amendment. UP NEXT
Twice in less than a month, the court has radically restricted the constitutional rights of gun owners. In January, it held that even lawful gun owners are inherently “dangerous” and can face limitations on their constitutional rights, including the right to be free of unreasonable search and seizure, simply because they possess a gun. In the words of a concurring judge:
- In sum, individuals who carry firearms — lawfully or unlawfully — pose a risk of danger to themselves, law enforcement officers, and the public at large. Accordingly, law enforcement officers may frisk lawfully stopped individuals whom the officers reasonably suspect are carrying a firearm because a detainee’s possession of a firearm poses a categorical “danger” to the officers.
But this holding, as dangerous as it is, pales in comparison with the court’s decision yesterday, when it not only upheld Maryland’s assault-weapons ban but categorically stated that the Second Amendment does not protect the right to own so-called assault weapons or the right to own a magazine that holds more than ten rounds of ammunition.
How can it reach such a conclusion? Remember the formula: contempt, willful ignorance, and fear.
First, let’s look at the court’s breathtaking contempt for individual rights. Rather than read the Supreme Court’s controlling opinion in District of Columbia v. Heller according to its plain language, it deliberately distorts Justice Antonin Scalia’s majority opinion. In Heller, Scalia clearly stated that the sorts of weapons the Second Amendment protects are those that are “in common use at the time,” with exceptions that apply to those weapons that are “dangerous and unusual.”
Why the addition of “and” unusual? Because every single working gun ever made is dangerous. To illustrate his point, Scalia then provides examples of specific types of “dangerous and unusual” guns — “M-16 rifles and the like.” Here’s a news flash: The M-16 isn’t the same as a civilian “assault weapon” like the AR-15. The M-16 variants in use in the United States military are capable of being fired in both semi-automatic and fully automatic (three-round burst) modes. If you think that the M-16 and AR-15 are alike, then walk to your local gun store and try to buy an M-16.
Go ahead. I’ll wait.
Are you back yet? Do you have an M-16? No? That’s because it’s an entirely different category of weapon, governed by different federal statutes. The Fourth Circuit, however, deliberately conflated semi-automatic weapons and automatic weapons. And it went to absurd lengths to do so. To illustrate how, let’s turn to the next part of the formula — willful ignorance.