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Main Forums => Politics => Topic started by: Balog on August 12, 2014, 06:42:59 PM

Title: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Balog on August 12, 2014, 06:42:59 PM
http://gunssavelives.net/blog/court-cases/breaking-federal-judge-rules-ar-15s-are-dangerous-and-unusual-not-protected-by-2nd-amendment/

Seems like a pretty blatant disregard for Heller etc. I bet the Supremes won't care for that.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Fitz on August 12, 2014, 06:50:28 PM
Between the blatant falsehoods, and the contradiction of teh supreme's opinion, I think this is good for us... because it seems it'll get an epic smackdown
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: roo_ster on August 12, 2014, 06:54:54 PM
But of course the best-selling rifle in the USA is "unusual."
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Boomhauer on August 12, 2014, 07:11:14 PM
But of course the best-selling rifle in the USA is "unusual."

Only in OppositeMaryland


Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Tallpine on August 12, 2014, 07:17:25 PM
Yeah, guns are dangerous  ;/
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: lee n. field on August 12, 2014, 07:33:03 PM
http://gunssavelives.net/blog/court-cases/breaking-federal-judge-rules-ar-15s-are-dangerous-and-unusual-not-protected-by-2nd-amendment/

Seems like a pretty blatant disregard for Heller etc. I bet the Supremes won't care for that.

What was it heard it called?  Ah, "the Alan Gura summoning whistle."
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: TommyGunn on August 12, 2014, 07:42:39 PM
A semiauto that shoots a .22 caliber bullet is "dangerous and unusual?" 
As others said: "if it's very popular."

I wonder what the judge would say about .338 Lapua, or .50BMG.   

Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Perd Hapley on August 12, 2014, 07:44:02 PM
Because paramilitary weapons are obviously not covered by a law prefaced on arming a paramilitary.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Fitz on August 12, 2014, 07:52:54 PM
Because paramilitary weapons are obviously not covered by a law prefaced on arming a paramilitary.

These jokers cant decide. Some cases, they say the 2a only covers military weapons (isn't that how the SBS stuff was upheld?), others, it's not
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Balog on August 12, 2014, 08:03:26 PM
These jokers cant decide. Some cases, they say the 2a only covers military weapons (isn't that how the SBS stuff was upheld?), others, it's not

The original Miller decision was decided based on the reasoning that the particular model cut down shotgun had never been a military arm so it wasn't covered. But it explicitly stated that the point was to ensure civilians had military arms.

Every single ruling since then has completely ignored the precedent of Miller to use it to approve of laws grossly violating it.

Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Hawkmoon on August 12, 2014, 08:19:15 PM
Circuit split? The judge who heard the challenge to the NY "SAFE" Act ruled that the AR-15 IS in customary, popular use.

Then he upheld the Draconian limits on ti anyway.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: charby on August 12, 2014, 10:25:22 PM
Between the blatant falsehoods, and the contradiction of teh supreme's opinion, I think this is good for us... because it seems it'll get an epic smackdown


Pretty much what I was thinking.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: 230RN on August 13, 2014, 01:42:47 AM
Reeks of personal opinion, not law.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: erictank on August 13, 2014, 08:58:20 AM
The original Miller decision was decided based on the reasoning that the particular model cut down shotgun had never been a military arm so it wasn't covered. But it explicitly stated that the point was to ensure civilians had military arms.

Every single ruling since then has completely ignored the precedent of Miller to use it to approve of laws grossly violating it.



This, in spades. They hate HATE HATE when you point that out to them, as well - "So, what you're saying is that I ought to be able to buy a select-fire Colt M-4 or M-16 for the exact same price as the military and law-enforcement pay? I remember a few years back seeing M-16s for sale to law-enforcement agencies at $500 a pop. Sounds good to me!"  >:D

As to the judge - "No, why SHOULD we consider a single semi-auto-only rifle design that constitutes something like 2% of ALL CIVILIAN-HELD FIREARMS IN THIS COUNTRY as 'common'? With literally MILLIONS of ARs in the hands of MILLIONS of people, why on EARTH should we consider such a rifle 'common'?"  :facepalm:

The smackdown ought to be nice, though. [popcorn]

NRA claims 5 million AR-type rifles in the US, as of late last year; closing on 2% of the total # of firearms in the US.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: dogmush on August 13, 2014, 09:13:34 AM
Quote
NRA claims 5 million AR-type rifles in the US, as of late last year; closing on 2% of the total # of firearms in the US.

And her ruling was on "Assault weapons"  Throw in Ak's, PTR's, FAL's, M1A's, Mini 14's, Mini 30's, SKS's, HK's, etc. and it wouldn't surprise me at all to find that Mag fed semi auto rifles were closing on 8-10% of total guns.  Pretty common.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Scout26 on August 13, 2014, 02:41:48 PM
I guess I failed the math portion of the 2A.  :P


Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Tallpine on August 13, 2014, 03:06:55 PM
I guess I failed the math portion of the 2A.  :P

Yeah, that and the exception for unusual weapons clause ...  ;/
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Balog on August 13, 2014, 03:43:00 PM
If you own one of these unusual weapons prepare for the bans...

http://acidcow.com/pics/917-the-most-unusual-pistols-in-the-world-119-pics.html
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Hawkmoon on August 13, 2014, 09:14:08 PM
And her ruling was on "Assault weapons"  Throw in Ak's, PTR's, FAL's, M1A's, Mini 14's, Mini 30's, SKS's, HK's, etc. and it wouldn't surprise me at all to find that Mag fed semi auto rifles were closing on 8-10% of total guns.  Pretty common.

And this was in federal court. Someone needs to point out to her honor that there hasn't been a definition of "assault weapon" in federal law since 2004. And you can't look to the states, because each state that says anything about them defines them differently.

Idjit.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Hawkmoon on August 13, 2014, 09:33:38 PM
Why we need our "assault weapons":

http://www.cnn.com/video/data/2.0/video/world/2014/08/13/pkg-watson-border-bridge-exodus.cnn.html

ISIS is a serious threat to the entire non-Muslim world, and I for one fully expect to see a lot of terrorist violence taking place in the U.S. sooner rather than later. Their leader said "See you in New York," and I have no doubt that he meant it. Instead of trying to take away our AR-15s, the .gov should be handing them out to every able-bodied American, male and female, and teaching them how to use it.

We need to follow the Swiss example, with a rifle in every home. And live up to the apocyphal tale of the Japanese admiral who supposedly said that Japan should not invade the American mainland because they would face a rifleman behind every blade of grass. God forbid that we should ever have to put that to the test, but it's possible.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: MicroBalrog on August 14, 2014, 03:11:32 AM
That's what the unusual weapons language was put in Heller for.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: erictank on August 14, 2014, 09:09:53 AM
That's what the unusual weapons language was put in Heller for.

I suspect the "Honorable" judge is going to get slapped down on appeal.

Can't happen fast - or hard - enough.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: charby on August 14, 2014, 09:11:39 AM
I wonder how this judge would have ruled in the 1880's on lever guns? :)

Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Harold Tuttle on August 14, 2014, 10:20:02 AM
(https://armedpolitesociety.com/proxy.php?request=http%3A%2F%2Fwww.googlepixel.com%2Fimages%2Fohspiro.jpg&hash=0c19fa9998d69bbb1e9693d1dca40a636cbd6dd5)
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: AJ Dual on August 14, 2014, 01:53:38 PM
I wonder how this judge would have ruled in the 1880's on lever guns? :)



She'd have complained when her husband set it in the corner, instead of putting it where it belongs, on the pegs over the mantle, then gone back to tendin' the chilluns and makin' biscuits.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: brimic on August 14, 2014, 02:10:02 PM
I wonder how this judge would have ruled in the 1880's on lever guns? :)



...Or the Taurus Judge!!!!1111
Its a shotgun. its a handgun, its a handful of death!
And its not used by the military.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Balog on August 14, 2014, 02:36:12 PM
...Or the Taurus Judge!!!!1111
Its a shotgun. its a handgun, its a handful of death!
And its not used by the military.

I would fully support a bill that rolled back the Hughes Amendment in exchange for banning the Judge.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: makattak on August 14, 2014, 02:42:00 PM
...Or the Taurus Judge!!!!1111
Its a shotgun. its a handgun, its a handful of death!
And its not used by the military.

Forget the judge, how about a pistol that fires shot from a SECOND BARREL!?!?

http://en.wikipedia.org/wiki/LeMat_Revolver

Obviously too dangerous to entrust to citizens.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Balog on August 14, 2014, 02:50:42 PM
Forget the judge, how about a pistol that fires shot from a SECOND BARREL!?!?

http://en.wikipedia.org/wiki/LeMat_Revolver

Obviously too dangerous to entrust to citizens.

Actually that might be considered a SBS if it used fixed cartridges.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: makattak on August 14, 2014, 02:58:03 PM
Actually that might be considered a SBS if it used fixed cartridges.

There's a later version that apparently did use centerfire cartridges. I'm just not certain if that included the shotgun barrel.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Phantom Warrior on August 15, 2014, 03:19:06 PM
Circuit split? The judge who heard the challenge to the NY "SAFE" Act ruled that the AR-15 IS in customary, popular use.

Not to be the pedantic law school dropout, but it isn't a circuit split unless the respective courts of appeals for those districts (2nd Cir for NY, 4th Cir for MD) hear the cases and rule differently on whether the AR-15 is in common use.  If those circuits both apply Heller et al. correctly there will be no Circuit split and no need for the Supreme Court to straighten things out.
Title: Re: Fed judge rules AR's "dangerous & unusual", not covered by 2nd Amendment
Post by: Angel Eyes on August 15, 2014, 05:11:46 PM
There's a later version that apparently did use centerfire cartridges. I'm just not certain if that included the shotgun barrel.

If the revolver cylinder chambers self-contained cartridges and the shotgun barrel is still a muzzleloader, would it be an SBS?  Common sense says no, but this is the Feds we're talking about.