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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 |
| "And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling in terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? [...] The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt!" —Alexander Solzhenitsyn, The Gulag Archipelago (Chapter 1 "Arrest") |
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