PILOT SPIN

Spin Zone => Spin Zone => Topic started by: LevelWing on February 23, 2017, 11:45:37 AM

Title: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: LevelWing on February 23, 2017, 11:45:37 AM
The Fourth U.S. Circuit Court of Appeals has ruled that certain types of weapons are not constitutionally protected under the Second Amendment, in direct violation of D.C. vs. Heller.

Quote from: National Review Online
Freed up by the Supreme Court’s ongoing reluctance to engage in depth with the Second Amendment, the Fourth Circuit has taken it upon itself to rewrite Heller en banc. In a 10–4 decision, issued yesterday afternoon, the court upheld Maryland’s ban on both “assault weapons” and “high capacity magazines.” By so doing, it deprived the people of Maryland, the Carolinas, and the Virginias of the core protections to which the Constitution entitles them.

http://www.nationalreview.com/article/445145/fourth-circuit-decision-maryland-assault-weapons-ban-constitutional-travesty

This article does a good job of breaking down why the Fourth Circuit is wrong. Unbelievable how they just ignored Heller and did what they wanted. With any luck, the SCOTUS will take this case on after Gorsuch is confirmed.
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: DJTorrente on February 23, 2017, 12:22:25 PM
#NotMyCourt

Who's ready to go all black bloc over this?  I mean, that's the right thing to do, isn't it?  Dems set the precedent!
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: Anthony on February 23, 2017, 02:43:16 PM
The Supreme Court Heller decision indicated, and I paraphrase, that weapons (firearms) in common use would be permitted.  The AR-15 is the most popular rifle in the U.S.  I would call that "common use".  It is used for target shooting, hunting, competition, and home/personal defense.  With the number of home invasions, often with multiple assailants, and gangs, a 20 or 30 round magazine is a good thing to have.  The AR-15 is also semi-auto only, and not select fire (full or burst) like the military M-16, or M-4.

Weapons of war my ass.
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: DJTorrente on February 23, 2017, 03:11:38 PM
Leftist idiots (their usefulness depends upon one's point of view) like to throw around "muskets" when talking about the second amendment, as if the amendment permitted only weapons of the era, but not advancements which would come later.  (They are idiots because they do this on the internet -- claiming the protection of the first amendment -- although the state of the art at its adoption closely resembled the Gutenberg press).

Well, when the 2nd amendment was written, a musket was standard-issue infantry weapon.  So, where's my full-auto M-4 Carbine?
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: Anthony on February 23, 2017, 03:27:17 PM
Well, when the 2nd amendment was written, a musket was standard-issue infantry weapon.  So, where's my full-auto M-4 Carbine?

Que the left's only argument.  "Well, well should anyone be able to own a nuclear bomb???"  Those that can afford a nuke, already have them.  When will people realize that just because something is illegal the activity WON'T STOP?

Violence that isn't self defense - already illegal
Violence using a gun - already illegal
Any crime (robbery, murder, etc) already illegal
Mass shootings - already illegal, only happen in "gun free zones".  (most happen outside the U.S. where guns are largely OUTLAWED)
Convicted felons using guns - already illegal

The list goes on.
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: acrogimp on February 23, 2017, 03:54:27 PM
The 2nd Amendment, as written, means that I can own an F-22, a Virginia Class SSBM, or a nuke if I can acquire and feed it - it is SOLELY for the purpose of giving the people weapons parity with any uppity government that needs to water the tree of liberty.

Mic drop.

'Gimp
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: Bob Noel on February 23, 2017, 04:44:34 PM
My standard query:  How does my having a firearm infringe on anyone's rights?

Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: You Only Live Twice on February 23, 2017, 06:47:17 PM
Que the left's only argument.  "Well, well should anyone be able to own a nuclear bomb???"  Those that can afford a nuke, already have them.  When will people realize that just because something is illegal the activity WON'T STOP?

Violence that isn't self defense - already illegal
Violence using a gun - already illegal
Any crime (robbery, murder, etc) already illegal
Mass shootings - already illegal, only happen in "gun free zones".  (most happen outside the U.S. where guns are largely OUTLAWED)
Convicted felons using guns - already illegal

The list goes on.

When the Left has no logical leg to stand on, they go right to the absurd corner case.
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: bflynn on February 23, 2017, 07:17:56 PM
The 2nd Amendment, as written, means that I can own an F-22, a Virginia Class SSBM, or a nuke if I can acquire and feed it - it is SOLELY for the purpose of giving the people weapons parity with any uppity government that needs to water the tree of liberty.

Mic drop.

'Gimp

Not solely.  It also and perhaps primarily enables you to be an active participant in securing your own freedom if the need arises. 

The militia got a pretty bad rap in the Revolution, but Congress decided they should still around.  Because of that the 2nd Amendment was written TO ENSURE that citizens could be armed with military grade equipment.  Remember that what we called "continental regulars" were really state forces; today they are the National Guard and also called the organized militia.  You and I and the rest of the scruff make up the unorganized militia.

Cue the story of the Battle of Guildford Courthouse where the unorganized militia played a key role as loosely told in Mel Gibson's movie "The Patriot".  The unorganized militia were the first line.  The British marched up the road.  Once they were engaged, the militia made a planned "rout" back over the crest of a hill.  The British troops gave chase, convinced that they were facing farmers and not soldiers.  As they came over the hill, they encountered the main American force who was very much primed and ready to engage them.  At the end of the day, Lord Cornwallis had captured the field of battle, but suffered 28% casualties to his army in doing so, something that would never had been possible if the unorganized militia was not armed with equivalent weapons.  Because of this battle,  he opted to retreat to a small fishing village in Virginia to await reinforcements and/or evacuation.  The village?  Yorktown.

Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: bflynn on February 24, 2017, 12:17:23 PM
One more piece because I'm feeling it's also relevant.  I'm not digging it out, but there's a similar thing for the Oregon militia just after Pearl Harbor.

March 10, 1942, Governor Herbert O'Conor of Maryland made a radio address and called forth the unorganized militia to help protect against German landing parties who might try to sabotage infrastructure.  "The Maryland Minute Men, armed with weapons with which they are thoroughly familiar from long use, operating in a community in which they are accustomed to every road and trail and stream, and aroused to fighting pitch by the knowledge that they are serving to protect their own homes, their family and all that they hold dear in life, will prove a staunch defense against any enemy activity"

I'm pretty sure the Governor didn't mean muskets.  My how times change...

http://www.davekopel.com/V/Maryland-Governor-calls-forth-militia-WWII.html
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: Bob Noel on February 24, 2017, 12:38:40 PM


I'm pretty sure the Governor didn't mean muskets.  My how times change...


Today some would think to defend the country with hashtags.

Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: Anthony on February 24, 2017, 12:45:29 PM
Today some would think to defend the country with hashtags.

Or femboys in skinny jeans.  :)
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: bflynn on February 24, 2017, 01:23:00 PM
Today some would think to defend the country with hashtags.

The pen might be mightier than the sword, but when enemy troops land, I want an AR.  Or a Barrett M82.
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: Anthony on February 24, 2017, 01:27:17 PM
The pen might be mightier than the sword, but when enemy troops land, I want an AR.  Or a Barrett M82.

Methinks it isn't, nor won't be foreign "enemy troops" we are fighting, but domestic terrorists, illegals, and "others".....  Soros can buy a lot of Latte's, and Chai teas!  :)
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: nddons on February 25, 2017, 10:11:52 AM
I don't have time to read the case, but a 10-4 decision?  Really?  10-4?  That wasn't even close.

We are in trouble, people.
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: LevelWing on February 26, 2017, 03:22:15 AM
I don't have time to read the case, but a 10-4 decision?  Really?  10-4?  That wasn't even close.

We are in trouble, people.
The ruling ignored Heller so when this goes to SCOTUS after Gorsuch is confirmed it should be struck down pretty quickly. The majority opinion in the case essentially laid the ground work to remove all weapons from people.
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: Anthony on February 26, 2017, 06:28:20 AM
The ruling ignored Heller so when this goes to SCOTUS after Gorsuch is confirmed it should be struck down pretty quickly. The majority opinion in the case essentially laid the ground work to remove all weapons from people.

This just shows how far left, and activist many of these courts have become as the ignore clear cut, Constitutional law.  The fact that these laws stand in states like CA, NY, MD, CT, MA, IL, NJ, HI, RI, etc shows the failure, and lawlessness of our current Federal court system.  It is difficult to get rid of these judges, as they are appointed for life.  They need to be impeached.   
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: LevelWing on February 26, 2017, 06:31:59 AM
This just shows how far left, and activist many of these courts have become as the ignore clear cut, Constitutional law.  The fact that these laws stand in states like CA, NY, MD, CT, MA, IL, NJ, HI, RI, etc shows the failure, and lawlessness of our current Federal court system.  It is difficult to get rid of these judges, as they are appointed for life.  They need to be impeached.   
Good luck with the impeachment. It's not likely to happen. The more likely course of action is for Trump to begin appointing his list of federal judges instead. With any luck, he'll be able to put someone else on the SCOTUS after Gorsuch. Maybe Ginsburg will retire.
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: EppyGA - White Christian Domestic Terrorist on February 26, 2017, 06:37:21 AM
Good luck with the impeachment. It's not likely to happen. The more likely course of action is for Trump to begin appointing his list of federal judges instead. With any luck, he'll be able to put someone else on the SCOTUS after Gorsuch. Maybe Ginsburg will retire.


She promised to retire if Trump were elected.  Another Democrat that can't keep their promises.
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: Anthony on February 26, 2017, 07:02:28 AM

She promised to retire if Trump were elected.  Another Democrat that can't keep their promises.

How many celebrities promised to leave the U.S. if Bush won, then if Trump won?  LOTS!  None of them ever did, unfortunately.  The worst is Amy Schummer (Chuckie Schummer's niece).
Title: Re: 4th U.S. Circuit Court of Appeals Destroys 2nd Amendment
Post by: DJTorrente on February 26, 2017, 07:37:07 AM
The ruling ignored Heller so when this goes to SCOTUS after Gorsuch is confirmed it should be struck down pretty quickly. The majority opinion in the case essentially laid the ground work to remove all weapons from people.

They should "bench slap" it without opinion: GVR -- Grant certiorari to review the decision; Vacate the decision below; Remand for further proceedings, often with a specific case that they believe controls the outcome.  It's a polite way of saying "Exactly which part of our Heller and McDonald decisions did you not understand?"  It would be wonderful if there was at least one "liberal" justice on the court with enough integrity and respect for stare decisis to join that order. Doing so would deprive the leftists of a future two-minutes hate on how Trump (via Gorsuch) is poisoning the Court and the country.  Alas, I am not hopeful -- as one prominent Democrat has said, they never let a crisis go to waste.