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SCOTUS Declines To Hear Semi Automatic Weapons Ban Open Carry Cases


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The US supreme Court in Washington DC on Monday.

 

The US supreme court, which has avoided major gun cases for seven years, on Monday declined to hear a National Rifle Association-backed challenge to a 2013 state ban on assault weapons enacted in Maryland after the Connecticut elementary school massacre. Ns smaller than you'd think – so why does it wield such influenc

The court also declined to hear a second gun-related case in which a Florida man convicted of openly carrying a firearm on the street sought to challenge that state’s ban on such activity.

 

In the Maryland case, the court turned away an appeal by several residents, firearms dealers and the state NRA, who argued that the ban violated their right to keep and bear arms under the second amendment. In doing so, the justices sidestepped the roiling national debate over the availability of military style guns.

 

The case focused on weapons that have become a recurring feature in mass shootings, including the 5 November attack at a Texas church that killed 25 people, the 1 October attack at a Las Vegas concert that killed 58 and the 2012 attack that killed 20 children and six adults at Sandy Hook elementary school in Newtown, Connecticut, which prompted Maryland’s law.

 

Assault weapons are popular among gun enthusiasts. The challengers, who sued Maryland’s governor and other officials in 2013, appealed a February ruling by the fourth US circuit court of appeals in Richmond, Virginia, that upheld the Maryland law. The fourth circuit, ruling 10-4, said it had no power to extend constitutional protections to “weapons of war”.

 

Maryland’s ban outlaws “assault long guns”, which are mostly semi-automatic rifles such as the AR-15 and AK-47, as well as large-capacity magazines, which prevent the need for frequent reloading.

 

Backed by the influential NRA gun lobby, the plaintiffs said in a court filing that semi-automatic rifles were in common use and law-abiding citizens should not be deprived of them.

 

“The sands are always shifting with the supreme court,” said the Democratic Maryland attorney general Brian Frosh. “I hope that this means they have reached a conclusion that they are not going to fiddle with assault weapons bans across the country.”

 

The supreme court last year left in place assault weapon bans in New York and Connecticut.

 

“It’s inexplicable to me that people would allow the use of assault weapons when they see the carnage that has been inflicted on innocent victims around the country,” Frosh added.

 

The NRA did not immediately respond to a request for comment.

 

In the Florida case, Dale Lee Norman, who had a permit to carry a concealed weapon, was convicted of openly carrying a handgun in 2012 near his home in Fort Pierce, Florida. In March this year, the Florida supreme court rejected his challenge to the so-called open-carry ban, saying it did not violate his right to bear arms.

 

The US supreme court issued important rulings in gun cases in 2008 and 2010 but has not taken up a major firearms case since. It has repeatedly refused to second-guess lower court decisions upholding state and local restrictions on assault weapons, which filled a void after a federal ban expired in 2004.

 

In a landmark 2008 ruling, the supreme court for the first time found that the second amendment protected an individual’s right to gun ownership under federal law, specifically to keep a handgun at home for self-defense. In 2010, the court found that right extended to state and local laws as well.

 

 

Since then, gun rights advocates have been investigating how far those rights extend, including the types of guns and where they can be carried.

 

The fourth circuit, in upholding Maryland’s law, noted the disproportionate use of semi-automatic assault rifles in mass shootings and said these weapons were like the military’s M-16 machine guns, which the supreme court in its 2008 ruling agreed may be banned.

 

There was also little evidence that such guns were well-suited for self-defense, the fourth circuit added.

 

The NRA criticized the fourth circuit for finding that “the second amendment provides absolutely zero protection to the most popular long guns in the country and standard-capacity ammunition magazines that number in the tens of millions”.

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=10&cad=rja&uact=8&ved=0ahUKEwiXmK6mxefXAhXi6YMKHVAgDecQFghYMAk&url=https%3A%2F%2Fwww.theguardian.com%2Flaw%2F2017%2Fnov%2F27%2Fsupreme-court-declines-to-hear-nra-backed-challenge-to-assault-weapon-ban&usg=AOvVaw2x5uRuycKrcRMKBNrHEw4p

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10 minutes ago, skews13 said:

The US supreme Court in Washington DC on Monday.

 

The US supreme court, which has avoided major gun cases for seven years, on Monday declined to hear a National Rifle Association-backed challenge to a 2013 state ban on assault weapons enacted in Maryland after the Connecticut elementary school massacre. Ns smaller than you'd think – so why does it wield such influenc

The court also declined to hear a second gun-related case in which a Florida man convicted of openly carrying a firearm on the street sought to challenge that state’s ban on such activity.

 

In the Maryland case, the court turned away an appeal by several residents, firearms dealers and the state NRA, who argued that the ban violated their right to keep and bear arms under the second amendment. In doing so, the justices sidestepped the roiling national debate over the availability of military style guns.

 

The case focused on weapons that have become a recurring feature in mass shootings, including the 5 November attack at a Texas church that killed 25 people, the 1 October attack at a Las Vegas concert that killed 58 and the 2012 attack that killed 20 children and six adults at Sandy Hook elementary school in Newtown, Connecticut, which prompted Maryland’s law.

 

Assault weapons are popular among gun enthusiasts. The challengers, who sued Maryland’s governor and other officials in 2013, appealed a February ruling by the fourth US circuit court of appeals in Richmond, Virginia, that upheld the Maryland law. The fourth circuit, ruling 10-4, said it had no power to extend constitutional protections to “weapons of war”.

 

Maryland’s ban outlaws “assault long guns”, which are mostly semi-automatic rifles such as the AR-15 and AK-47, as well as large-capacity magazines, which prevent the need for frequent reloading.

 

Backed by the influential NRA gun lobby, the plaintiffs said in a court filing that semi-automatic rifles were in common use and law-abiding citizens should not be deprived of them.

 

“The sands are always shifting with the supreme court,” said the Democratic Maryland attorney general Brian Frosh. “I hope that this means they have reached a conclusion that they are not going to fiddle with assault weapons bans across the country.”

 

The supreme court last year left in place assault weapon bans in New York and Connecticut.

 

“It’s inexplicable to me that people would allow the use of assault weapons when they see the carnage that has been inflicted on innocent victims around the country,” Frosh added.

 

The NRA did not immediately respond to a request for comment.

 

In the Florida case, Dale Lee Norman, who had a permit to carry a concealed weapon, was convicted of openly carrying a handgun in 2012 near his home in Fort Pierce, Florida. In March this year, the Florida supreme court rejected his challenge to the so-called open-carry ban, saying it did not violate his right to bear arms.

 

The US supreme court issued important rulings in gun cases in 2008 and 2010 but has not taken up a major firearms case since. It has repeatedly refused to second-guess lower court decisions upholding state and local restrictions on assault weapons, which filled a void after a federal ban expired in 2004.

 

In a landmark 2008 ruling, the supreme court for the first time found that the second amendment protected an individual’s right to gun ownership under federal law, specifically to keep a handgun at home for self-defense. In 2010, the court found that right extended to state and local laws as well.

 

 

Since then, gun rights advocates have been investigating how far those rights extend, including the types of guns and where they can be carried.

 

The fourth circuit, in upholding Maryland’s law, noted the disproportionate use of semi-automatic assault rifles in mass shootings and said these weapons were like the military’s M-16 machine guns, which the supreme court in its 2008 ruling agreed may be banned.

 

There was also little evidence that such guns were well-suited for self-defense, the fourth circuit added.

 

The NRA criticized the fourth circuit for finding that “the second amendment provides absolutely zero protection to the most popular long guns in the country and standard-capacity ammunition magazines that number in the tens of millions”.

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=10&cad=rja&uact=8&ved=0ahUKEwiXmK6mxefXAhXi6YMKHVAgDecQFghYMAk&url=https%3A%2F%2Fwww.theguardian.com%2Flaw%2F2017%2Fnov%2F27%2Fsupreme-court-declines-to-hear-nra-backed-challenge-to-assault-weapon-ban&usg=AOvVaw2x5uRuycKrcRMKBNrHEw4p

 

What this means is the court has decided to let the Heller decision stand, and the language of the majority opinion written by Antonin Scalia. Which if you're not familiar with. 

 

 

 “Like most rights, the right secured by the Second Amendment is not unlimited…”. It is “…not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

 “We also recognize another important limitation on the right to keep and carry arms. Miller (an earlier case) said, as we have explained, that the sorts of weapons protected were those “in common use at the time”. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’ ” 

The court even recognizes a long-standing judicial precedent “…to consider… prohibitions on carrying concealed weapons.”

 

 

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Just now, skews13 said:

 

What this means is the court has decided to let the Heller decision stand, and the language of the majority opinion written by Antonin Scalia. Which if you're not familiar with. 

 

 

 “Like most rights, the right secured by the Second Amendment is not unlimited…”. It is “…not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

Nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

 “We also recognize another important limitation on the right to keep and carry arms. Miller (an earlier case) said, as we have explained, that the sorts of weapons protected were those “in common use at the time”. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’ ” 

The court even recognizes a long-standing judicial precedent “…to consider… prohibitions on carrying concealed weapons.”

 

 

This allows all current restrictions in place by states, and localities on possession or carrying of semi automatic weapons to stand, such as total prohibition on possession of an AR 15 in the township of Sandyhook, of the carrying of concealed weapons where they are forbidden, or the open carry of fire arms where they are forbidden.

 

Which also means no nation wide concealed carry reciprocity agreement can be enforced in any state or locality that forbids concealed carrying of a fire arm no matter what state you may have a permit to carry one in now, and those jurisdictions do not have to honor any such agreements no matter what law Congress may pass.

 

And if you get caught in the wrong place with a fire arm you now have no recourse for appeal on a conviction in that jurisdiction.

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1 hour ago, skews13 said:

The US supreme Court in Washington DC on Monday.

 

The US supreme court, which has avoided major gun cases for seven years, on Monday declined to hear a National Rifle Association-backed challenge to a 2013 state ban on assault weapons enacted in Maryland after the Connecticut elementary school massacre. Ns smaller than you'd think – so why does it wield such influenc

The court also declined to hear a second gun-related case in which a Florida man convicted of openly carrying a firearm on the street sought to challenge that state’s ban on such activity.

 

In the Maryland case, the court turned away an appeal by several residents, firearms dealers and the state NRA, who argued that the ban violated their right to keep and bear arms under the second amendment. In doing so, the justices sidestepped the roiling national debate over the availability of military style guns.

 

The case focused on weapons that have become a recurring feature in mass shootings, including the 5 November attack at a Texas church that killed 25 people, the 1 October attack at a Las Vegas concert that killed 58 and the 2012 attack that killed 20 children and six adults at Sandy Hook elementary school in Newtown, Connecticut, which prompted Maryland’s law.

 

Assault weapons are popular among gun enthusiasts. The challengers, who sued Maryland’s governor and other officials in 2013, appealed a February ruling by the fourth US circuit court of appeals in Richmond, Virginia, that upheld the Maryland law. The fourth circuit, ruling 10-4, said it had no power to extend constitutional protections to “weapons of war”.

 

Maryland’s ban outlaws “assault long guns”, which are mostly semi-automatic rifles such as the AR-15 and AK-47, as well as large-capacity magazines, which prevent the need for frequent reloading.

 

Backed by the influential NRA gun lobby, the plaintiffs said in a court filing that semi-automatic rifles were in common use and law-abiding citizens should not be deprived of them.

 

“The sands are always shifting with the supreme court,” said the Democratic Maryland attorney general Brian Frosh. “I hope that this means they have reached a conclusion that they are not going to fiddle with assault weapons bans across the country.”

 

The supreme court last year left in place assault weapon bans in New York and Connecticut.

 

“It’s inexplicable to me that people would allow the use of assault weapons when they see the carnage that has been inflicted on innocent victims around the country,” Frosh added.

 

The NRA did not immediately respond to a request for comment.

 

In the Florida case, Dale Lee Norman, who had a permit to carry a concealed weapon, was convicted of openly carrying a handgun in 2012 near his home in Fort Pierce, Florida. In March this year, the Florida supreme court rejected his challenge to the so-called open-carry ban, saying it did not violate his right to bear arms.

 

The US supreme court issued important rulings in gun cases in 2008 and 2010 but has not taken up a major firearms case since. It has repeatedly refused to second-guess lower court decisions upholding state and local restrictions on assault weapons, which filled a void after a federal ban expired in 2004.

 

In a landmark 2008 ruling, the supreme court for the first time found that the second amendment protected an individual’s right to gun ownership under federal law, specifically to keep a handgun at home for self-defense. In 2010, the court found that right extended to state and local laws as well.

 

 

Since then, gun rights advocates have been investigating how far those rights extend, including the types of guns and where they can be carried.

 

The fourth circuit, in upholding Maryland’s law, noted the disproportionate use of semi-automatic assault rifles in mass shootings and said these weapons were like the military’s M-16 machine guns, which the supreme court in its 2008 ruling agreed may be banned.

 

There was also little evidence that such guns were well-suited for self-defense, the fourth circuit added.

 

The NRA criticized the fourth circuit for finding that “the second amendment provides absolutely zero protection to the most popular long guns in the country and standard-capacity ammunition magazines that number in the tens of millions”.

 

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=10&cad=rja&uact=8&ved=0ahUKEwiXmK6mxefXAhXi6YMKHVAgDecQFghYMAk&url=https%3A%2F%2Fwww.theguardian.com%2Flaw%2F2017%2Fnov%2F27%2Fsupreme-court-declines-to-hear-nra-backed-challenge-to-assault-weapon-ban&usg=AOvVaw2x5uRuycKrcRMKBNrHEw4p

 

 

The court is just saying this is a state issue. I have no problem with that. 

 

The rest of your post I didn't read. 

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On 11/30/2017 at 7:37 PM, Fallopian said:

 

 

The court is just saying this is a state issue. I have no problem with that. 

 

The rest of your post I didn't read. 

You didn’t read the ready of it?

 

Imagine that.

 

Glad you understand it is a state issue and there will be no SCOTUS decisions coming to the rescue for concealed carry restrictions and prohibitions in AR 15 s all over the country.

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Obama added 80 million guns into the hands of great americans during his administration.

 

The highest number ever in an 8 year period, despite 8 years of righties crying, Obama is taking away our guns

 

Thank you President Obama for being a defender of the 2nd Amendment!

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10 minutes ago, skews13 said:

You didn’t read the ready of it?

 

Imagine that.

 

Glad you understand it is a state issue and there will be no SCOTUS decisions coming to the rescue for concealed carry restrictions and prohibitions in AR 15 s all over the country.

SCALIA left the nation a GREAT GIFT --- an absolutely open book for passing LOTS of gun control! 

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1 hour ago, skews13 said:

You didn’t read the ready of it?

 

Imagine that.

 

Glad you understand it is a state issue and there will be no SCOTUS decisions coming to the rescue for concealed carry restrictions and prohibitions in AR 15 s all over the country.

You just restated what I said but with a typo. LOL! Why even reply? LMAO! Of course I didn't read the rest of your post. You post some of the dumbest sh!t here. LOL

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8 hours ago, justrying said:

Obama added 80 million guns into the hands of great americans during his administration.

 

The highest number ever in an 8 year period, despite 8 years of righties crying, Obama is taking away our guns

 

Thank you President Obama for being a defender of the 2nd Amendment!

This was a devastating defeat for the NRA and gun nut America. A DEVASTATING DEFEAT. 

 

They just knew that they could carry their guns wherever they wanted. WRONG.

 

They just knew there would be a national concealed carry reciprocal law all states and localities would have to recognize. WRONG.

 

They just knew there could be no laws passed against buying and possessing AR 15 rifles. WRONG.

 

They just knew they could have unrestricted access to high capacity magazines. WRONG.

 

They just knew they could have unrestricted access to accessories like bump stocks. WRONG.

 

They just knew they could parade their chicken s hit a sses around in public with a gun over their shoulder. WRONG.

 

They just knew that certain restrictions already in place would be overturned. WRONG.

 

They just knew no state or city could put gun restrictions in place because the 2nd Amendment says they can't. WRONG.

 

A devastating defeat.  

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1 hour ago, skews13 said:

I'm a lying piece of shit, and Golfboy's bitch.  I can't refute anything he says, so I lie that he violates forum rules and delete his posts and threads.

That's right, and then you ran like a little bitch when I demanded you prove your claim that I violated the rules. 

 

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1 hour ago, skews13 said:

This was a devastating defeat for the NRA and gun nut America. A DEVASTATING DEFEAT. 

 

They just knew that they could carry their guns wherever they wanted. WRONG.

 

They just knew there would be a national concealed carry reciprocal law all states and localities would have to recognize. WRONG.

 

They just knew there could be no laws passed against buying and possessing AR 15 rifles. WRONG.

 

They just knew they could have unrestricted access to high capacity magazines. WRONG.

 

They just knew they could have unrestricted access to accessories like bump stocks. WRONG.

 

They just knew they could parade their chicken s hit a sses around in public with a gun over their shoulder. WRONG.

 

They just knew that certain restrictions already in place would be overturned. WRONG.

 

They just knew no state or city could put gun restrictions in place because the 2nd Amendment says they can't. WRONG.

 

A devastating defeat.  

Obama, = 80 million more guns in the U.S., under his administration

 

Righties = For 8 years = Obama is taking away our guns

 

Heh, heh, heh!!!

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