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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 |
| Are we at last brought to such humiliating and debasing degradation, that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands? — Patrick Henry, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Philadelphia, 1836 |
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