Jump to content
Bearing Arms

Federal Court Finds AR-15 Not Protected By Second Amendment

Recommended Posts

At the moment, no firearm is as demonized as the AR-15. It’s been painted as a weapon meant for nothing but murder and mayhem, yet the reality is that it’s a tool. It has no volition of its own. It only does what a human tells it to do. That doesn’t matter for far too many people.

Then, to make matter worse, we have a Federal District Court argue that the AR-15 isn’t really protected by the Second Amendment.

More concerning is the Court’s determination with regard to the Plaintiffs’ first claim that the law infringes upon their Second Amendment rights. The Court immediately declared that “Assault weapons and LCMs [large capacity magazines] — the types banned by the Act — are not within the scope of the personal right to ‘bear Arms’ under the Second Amendment.” While the law bans a slew of firearms, the Plaintiffs and the Court focused their analysis on the AR-15.

The Court found that the undisputed facts in the record “convincingly demonstrate that the AR-15 and LCMs banned by the Act are ‘weapons that are most useful for military service.’ In reviewing case law, the Court found that Heller had rejected the proposition that “only those weapons useful in warfare are protected.” It went on to state that “weapons that are most useful in military service…fall outside the scope of the Second Amendment and may be banned.” After engaging in a rather lengthy recap of the AR-15’s history, the Court declared that “the AR-15’s present day popularity is not constitutionally material.” The opinion then quotes the late Justice Scalia in order to further its purported point.

The opinion concludes with something rather rare and what can only be described as a judge’s commentary.

The AR-15 and its analogs, along with large capacity magazines, are simply not weapons within the original meaning of the individual constitutional right to “bear Arms.”

Both their general acceptance and their regulation, if any, are policy matters not for courts, but left to the people directly through their elected representatives. In the absence of federal legislation, Massachusetts is free to ban these weapons and large capacity magazines. Other states are equally free to leave them unregulated and available to their law-abiding citizens. 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.

Justice Scalia would be proud.

I suspect we will see this appealed to the First Circuit.

Now, let’s start with taking a look at this little bit:

In reviewing case law, the Court found that Heller had rejected the proposition that “only those weapons useful in warfare are protected.” It went on to state that “weapons that are most useful in military service…fall outside the scope of the Second Amendment and may be banned.”

I’m going to be frank here, I can’t see how anyone of even an average level of intelligence can take the argument that not just weapons useful in warfare are protected to mean those that are useful in warfare aren’t protected. One has no bearing on the other, and I suspect that such an argument will be soundly rejected at some point.

Seriously, it’s that stupid.

Next, look at the last line of the opinion. If ever there was evidence of an activist court, this is it. Yes, in this case, it upheld the law rather than most other actions of an activist court, but the swipe at Justice Scalia makes their intentions obvious.

The fact that this is based on what looks like a willful misinterpretation of the Court’s decision in Heller means this court needs a serious overhaul.

The post Federal Court Finds AR-15 Not Protected By Second Amendment appeared first on Bearing Arms.

View the full article

Share this post


Link to post
Share on other sites

Our Constitution and Bill of rights permits the American people to keep and bear Arms the equivalent of what our Armed Forces carry so that WE THE PEOPLE can defend our selves against a Tyrannical Government and that of other Foreign and Domestic Enemies! Now that Obama broke those Constitutional Laws that were put in place in the Mid-1950s to ban Islam from our country WE must be allowed to own said firearms to defend our selves and our families! There is no way to know how many enemies we have in our country any longer!But the thing we can be assured of is that there "IS" enemies of our Nation in our country at this time!!!So we can not allow any court whether it be at the state or Federal level to strip us of our 2nd Amendment rights in any way!

  • Like 1
  • Thanks 1

Share this post


Link to post
Share on other sites

As theatrical as it may sound," there is a storm coming over the horizon". Nothing  should be taken for granted from this point on

  • Like 4
  • Thanks 1

Share this post


Link to post
Share on other sites
Posted (edited)

Molon Labe X well over half the country....

Edited by e.c.c.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×

Important Information

Your Privacy Is Important To Us Learn More: Privacy Policy