Mass. Judge rules AR-15 ban not unconstitutional

[CoGirl303]

This isn't good at all and really not what we needed to hear right now. This might only be a state decision, but it is likely many other blue states will now follow in their footsteps.

Whilst there are still several layers of appeals to go through, this sets a dangerous precedent and not one I am sure 2A supporters, advocates and activists can overcome. [emoji20]

Hate to say it, but our hope for ANY sort of victory will reside with the Supreme Court of the US.


http://www.foxnews.com/us/2018/04/06/massachusetts-ban-on-assault-weapons-doesnt-violate-2nd-amendment-judge-rules.html


A judge in Massachusetts on Friday ruled against a lawsuit that questioned the state’s ban on assault weapons and large-capacity magazines, declaring that the weapons were not protected by the Second Amendment.

Assault weapons are considered to be military firearms, U.S. District Judge William Young said in his ruling, therefore disqualifying them from being included in a citizen’s right to “bear arms.”

Policy makers, rather than the courts, were better suited to decide on the regulation for the weapons, he said.

"Other states are equally free to leave them unregulated and available to their law-abiding citizens," Young said in his ruling. "These policy matters are simply not of constitutional moment. Americans are not afraid of bumptious, raucous and robust debate about these matters. We call it democracy."

The lawsuit was filed against state Attorney General Maura Healey last year by the Gun Owners’ Action League of Massachusetts, among other parties, who claimed that AR-15s couldn’t be considered a “military weapon” because of their inability to shoot in fully automatic mode. They also claimed the ban infringed on Second Amendment rights.




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[Gman]

SCOTUS seems to be avoiding most cases that require them to make a difficult decision. I don't have much hope there.

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[wctriumph]

Yeah, I saw this.

The commies never let a killing go to waste.

[CS1983]

6 years in the Army and I never once saw an AR-15. Ever.

[68Charger]

Activist judges will be the death of the republic, they were supposed to be a check and balance, instead they're turning into the sickle and hammer.

[GeorgeandSugar]

Sooner or later SCOTUS is going to have to tackle this problem.

Sorry, I was not issued an AR-15 when I joined the Army.

Foolish to think this judge equates an AR-15 to a military grade weapon.


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[BPTactical]

Bullshit ruling that flies in direct conflict of the entire pretense of the Second.

Good read: https://www.google.com/amp/s/amp.washingtontimes.com/news/2017/apr/12/second-amendment-protects-the-assault-rifles/

[CS1983]

Does this mean Remington 700's are not covered under the 2nd Amendment, too? What about Beretta 9mm? What about 1911's?

[Big E3]

I have a BB gun that looks like an M1 Carbine. Do you suppose this judge believes that I shouldn't have a "military" gun like that as well?

[CS1983]

I have a BB gun that looks like an M1 Carbine. Do you suppose this judge believes that I shouldn't have a "military" gun like that as well?

Potentially used for USAF indoor yearly qual: BANNED.

[BPTactical]

This judge is clearly incompetent.
Nearly every firearm ever manufactured has seen "Military use" .

[skoodge]

This judge is clearly incompetent.
Nearly every firearm ever manufactured has seen "Military use" .

Isn't that the end game?

[Dlesh123]

SCOTUS seems to be avoiding most cases that require them to make a difficult decision. I don't have much hope there.

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I agree, SCOTUS is avoiding it and leaves lower court crappy rulings in place. Maybe if another conservative appointment is made to the court, they may take on some cases.

[def90]

Bad ruling based on Scalias thoughts. Scalia specifically said M16 which refers to an automatic weapon which would already fall under current NFA rules. There is a big difference between an M16 and an AR15. This should be able to be challenged.

[DavieD55]

Activist judges will be the death of the republic, they were supposed to be a check and balance, instead they're turning into the sickle and hammer.

This^

Although they've been sickle and hammer for quite a while now. Many are just starting to take notice. IMO

[sigmanx]

6 years in the Army and I never once saw an AR-15. Ever.For real.

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[sigmanx]

Activist judges will be the death of the republic, they were supposed to be a check and balance, instead they're turning into the sickle and hammer.Yes sir!

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[CS1983]

Liberal#1: The 2nd amendment was meant for the militia (aka, the military) to be allowed to have guns
Liberal #2: All weapons suitable to the military can be banned

I'm starting to feel like we're up against a schizo possessed person who is tripping balls on LSD. There is no sense or reason with them. They just flit and flitter from one bit of sophistry to the other, holding nothing consistently but the subjugation of the formerly free.

[MarkCO]

Military grade is RELEVANT to the 2nd amendment. In fact, it is the primary purpose FOR the 2nd Amendment.

The purpose of the Second Amendment was not to make sure you could go hunting, nor to protect your family or property. Those are secondary purposes. The Second Amendment was included in the Bill of Rights to ensure the citizens would always have the right to match the weaponry of a federal army. It is to ensure that the citizens can resist a tyrannical government with force if needed. The founders understood that an unarmed populace are subjects, not participants.

"We" need to stop letting the leftists set the rules and the verbiage. Who gives a rip if they say "clip" or "assault weapon"? I don't. If you do, they they have beaten you with rhetoric and moved you OFF the fundamental argument. Time to see the forest and not worry about the needles on a tree.

[CS1983]

Correct. But I cannot find a script to which they stick. They're all over the place. It's like guerrilla rhetoric.

[MarkCO]

It is a well known argumentative tactic that lawyers learn when they have a losing case. Join a few "liberal" social media groups from a PC in a library using a gmail or yahoo account you don't use for anything else. They are laughing, and being led by a smart group intent on, at the very least, normalizing America. It seems the sleeping/working/bypassed "majority" is starting to wake up and I honestly think is started with a Trump win, and is gaining steam.

Guerrilla Rhetoric is right, and when we fall silent out of frustration, they will keep on going. Time to flip the script. Mark Robinson did so the other day and the video went viral. He did it, and sadly, some of "us" have attacked him as a sellout.

[Jeffrey Lebowski]

Good posts, Mark. Both of them.[Beer]