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Monday, February 08, 2016

Court rules you have a fundamental right to a fundamental right

Heads exploded at Huffington Post on Saturday. No brains were injured.

From the Huffington Post:
In a major victory for gun rights advocates, a federal appeals court on Thursday sided with a broad coalition of gun owners, businesses and organizations that challenged the constitutionality of a Maryland ban on assault weapons and other laws aimed at curbing gun violence. 
A three-judge panel of the U.S. Court of Appeals for the 4th Circuit said the state's prohibition on what the court called "the vast majority of semi-automatic rifles commonly kept by several million American citizens" amounted to a violation of their rights under the Constitution.
"In our view, Maryland law implicates the core protection of the Second Amendment -- the right of law-abiding responsible citizens to use arms in defense of hearth and home," Chief Judge William Traxler wrote in the divided ruling.
Provisions that outlaw these firearms, Traxler wrote, "substantially burden this fundamental right."
Former Maryland Gov. Martin O'Malley, who recently suspended his Democratic presidential campaign, signed Maryland's Firearm Safety Act of 2013 in the wake of the school massacre in Newtown, Connecticut, which spurred similar initiatives in other Democratic-leaning states.
The legislation mostly targets specific kinds of semi-automatic firearms -- such as AR-15s and AK-47s -- and large-capacity magazines, and adds certain registration and licensing requirements.
But gun rights advocates, including the National Rifle Association, quickly moved to challenge these laws in the courts, claiming that the restrictions they imposed on lawful gun ownership were overly broad and weren't proven to save lives.
If the Second Amendment exists to form militias to protect the nation, how could you ban private ownership of military weapons?


  1. It ain't over until the Wise Latina sings.

  2. When it comes to protecting the fundamental rights of citizens, the courts are not always the best place to look for help. For some time, the SCOTUS has been especially derelict in its solemn duty to defend the rights of citizens, especially those of the 50 million unborn ones over the past decade. So it's nice to hear occasionally about a court that does take its Constitutional responsibilities seriously.

  3. Do like Switzerland. Everyone is on a militia and issued a weapon. In their case, a fully automatic rifle (machine gun). Oh, the government supplies the ammo, too. It wouldn't take to long to weed out the irresponsible parties and crazies. Then everything would be hunky-dory. - Elric

  4. Why is it when SCOTUS makes a decision such as Roe v Wade, or Obamacare's Tax not a Fee (or was it a fee not a tax?), we're told "IT'S THE LAW" when it's not a "law," it's a Supreme Court Decision.