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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 |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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