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The
Below Comments Relate to this Newslink:
MD: Ruling In Maryland’s “Assault Weapons” Case Could Gut Gun Control Nationwide
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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In what has to be viewed as a major victory for gun owners, the United States Court of Appeals for 4th Circuit ruled that lower court judge in Kolbe V. Maryland must apply the standard of strict scrutiny in reviewing the case about Maryland’s “assault weapon” ban, duplicitously called the Firearms Safety Act (FSA).
Laws banning “assault weapons” in Maryland and in other states with “anti-gun” legislatures have typically been upheld when lower court judges—almost universally gun-hating activist liberals—have cheated We, The People by applying the much lower standard of intermediate scrutiny. |
| Comment by:
PHORTO
(2/5/2016)
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| The panel ruled correctly, first on the standard of scrutiny, and second, by applying the "Miller Test" whereby the Court ruled that arms in common use that are suitable for militia duty, i.e. that insure the preservation or efficiency of militia forces, are those within the ambit of the Second Amendment guarantee. The Court further held that the Second Amendment must be interpreted and applied with that end in view (US v Miller, 1939). |
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| QUOTES
TO REMEMBER |
| The supposed quietude of a good mans allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside...Horrid mischief would ensue were one half the world deprived of the use of them... — Thomas Paine, I Writings of Thomas Paine at 56 (1894). |
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