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Author Topic: U.S. Appeals Court upholds AG Maura Healey’s interpretation...  (Read 540 times)


Online sbhaven

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The opinion: http://media.ca1.uscourts.gov/pdf.opinions/18-1545P-01A.pdf

Once again using serious metal and legal gymnasitcs along with "intermediate scrutiny" they rule that a right which isn't supposed to be infringed upon can be infringed upon. My head hurts reading their "logic" and "reasoning". Once again they fully admit that AWB's infringes upon the 2nd Amendment but "reasons" make it OK.

"We assume, without deciding, that the proscribed weapons have  some  degree  of  protection  under  the  Second  Amendment.    We  further assume, again without deciding, that the Act implicates the  core  Second  Amendment  right  of  self-defense  in  the  home  by  law-abiding, responsible individuals.  We hold, however, that the Act's burden on that core right is minimal and, thus, the Act need only withstand intermediate scrutiny — which it does."

 :wall:  :eyejack:
Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand

Online BerettaBoy213

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They apparently haven't gotten the memo about NYSR&PA v NYC, poor dears.  :wink:
« Last Edit: May 01, 2019, 06:22:22 PM by BerettaBoy213 »

Online Mustang

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Love how theyre trying to down play the foundation of the Second by saying its self defense in the home.
The greatest Danger to American freedom is a government that ignores the Constitution.

Online shermer-high

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Love how theyre trying to down play the foundation of the Second by saying its self defense in the home.
It's really about defense against them.

Offline toker

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Quote
The court said that question hinges on whether assault weapons and large capacity magazines are commonly used for lawful purposes, like self-defense.

It would be hilarious if this wasn't their new play. You have to actively "use" a gun in the act of self defense to justify owning a firearm?
« Last Edit: May 01, 2019, 09:00:50 PM by toker »
"No Free man shall ever be debarred the use of arms."
- Thomas Jefferson

Offline Eye5600

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Love how theyre trying to down play the foundation of the Second by saying its self defense in the home.

The home defense argument makes more sense with respect to the state constitution.

Offline Eye5600

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deleted
« Last Edit: May 02, 2019, 08:52:36 AM by Eye5600 »

Online sbhaven

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Love how theyre trying to down play the foundation of the Second by saying its self defense in the home.
Hunting and home defense is how more than a few non gun grabbers now see the 2nd. It didn't help with the way Scalia wrote the majority opinion in Heller. Gun grabbers seized on the following statement and ignore the words "such as" when they read that. They honestly believe that guns, in the hands of the peasants, are only legal for self defense within the home.

Held:
 1. The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Pp. 2–53.
Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand

Online Mustang

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People are willing to perpetuate the Second Amendment is only bout home / self defense? The position is just infused with pandering to the ignorant, who r unwilling to recognize the true meaning of the Second Amendment. The Second should not be sugar coated for ease to swallow, especially with what history has taught us and what we're seeing in todays light. I do side with that its our Right for self defense of oneself and their home and family, just lets not let them believe its only for that. We are just helping them sugar coat it with this and they are running with it. Banning firearms on feelings and what they decide r "military weapons" / "military style" / "assault weapons". The slippery slope begun as we see in other states and here. A 22lr pistol with a threaded barrel is an "military style" "assault weapon"? Please. We're part fault here for letting and pandering to them in fighting that its for ones self defense and of the family and home; so its easier for them to swallow which bites us in the hand. In its easier for them to sway the ignorant to side with them to ban firearms.

The thing with "self defense" is no one is defining self defense as to what the person is defending himself against. The left want sheep to believe its another person or persons and that's it. The others side with this and too in the defense of a tyrannical government and our Country itself, which this part scares them as it should. Its We the People not We the government.
« Last Edit: May 02, 2019, 08:28:26 PM by Mustang »
The greatest Danger to American freedom is a government that ignores the Constitution.