Ok, Then Cops Shouldn't Have WEAPONS OF WAR EITHER
2021-12-11 01:13:48 UTC
The court upheld Maryland's ban on assault weapons, saying that
the Second Amendment does not apply.
RICHMOND, VA The 4th U.S. Circuit Court of Appeals ruled 10-4
to uphold the state's ban on assault weapons Tuesday,
overturning the ruling of a three-judge panel that had ruled
against it a year ago.
Legislators in Maryland passed the ban on semiautomatic,
military-style guns after the mass shooting in Newtown,
Connecticut, in 2012.
Originally, a lower court ruled against the ban, finding that it
ran afoul of the Second Amendment. However, the 4th Circuit
contested this claim, writing for the majority, "Assault weapons
and large-capacity magazines are not protected by the Second
Observers expect that the case will go before the Supreme Court.
In 2008, the Supreme Court ruled in District of Columbia v.
Heller that the Second Amendment protected an individual right
to possess firearms. D.C. had banned handguns, but the court
found this unconstitutional.
We have no power to extend Second Amendment protection to the
weapons of war that the Heller decision explicitly excluded from
such coverage, said the court in the majority opinion.
Writing in dissent, four of the judges noted that Maryland's ban
should face "strict scrutiny," which means that legislation must
face a very high threshold to be permitted, and noted that
semiautomatic guns and high-capacity magazines are quite popular
in the U.S.
"Millions of Americans keep semiautomatic rifles and use them
for lawful, non-criminal activities, including as a means to
defend their homes," they wrote. "Because the evidence before us
clearly demonstrates that these popular weapons are commonly
possessed for lawful purposes and are therefore not dangerous
and unusual, they are covered by the Second Amendment. The
majority errs in holding otherwise."
It continued: "For a law-abiding citizen who, for whatever
reason, chooses to protect his home with a semi-automatic rifle
instead of a semi-automatic handgun, Marylands law clearly
imposes a significant burden on the exercise of the right to arm
oneself at home, and it should at least be subjected to strict
scrutiny review before it is allowed to stand."
Read the full ruling>>