USA

Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules

Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules”

The U.S. Court of Appeals for the Fourth Circuit ruled 10-4 to uphold Maryland's ban on certain semi-automatic rifles and ammunition magazines that hold more than 10 rounds. The Supreme Court in Heller, Wilkinson said, did not prevent elected officials from regulating "assault weapons".

U.S. District Judge Catherine Blake upheld the ban in 2015, but a divided three-judge panel of the 4th U.S. Circuit Court of Appeals ruled past year that she didn't apply the proper legal standard. The law was enacted after the Sandy Hook elementary school shooting in 2012. (Two additional circuits, the 9th and the 7th, have also upheld gun bans, but did not specifically opine on the appropriate level of scrutiny.) Tuesday's en banc decision from the 4th Circuit replaces the 2016 panel ruling and aligns all of the appellate courts that have considered the standard for reviewing gun prohibitions.

Seven states and the District of Columbia ban semi-automatic rifles, and several of those bans have faced court challenges as the state and federal courts attempt to determine whether there can be any reasonable limits on the Second Amendment.

Judge Robert King wrote, "Put simply, we have no power to extend Second Amendment protections to weapons of war".

More news: Testosterone And Older Men's Health Yield Controversial Results, Says University Study

For Judge Robert King and the majority in this ruling, certain kinds of rifles are "weapons of war", meaning they are not covered under the Second Amendment for the objective of self-defense. Gun restrictions enjoy wide support in the Democratic-leaning state, a factor that helped legislators pass some of the nation's strictest gun-control laws in 2013.

Do you think assault weapons are constitutional?

National Rifle Association spokeswoman Jennifer Baker said, "It is absurd to hold that the most popular rifle in America is not a protected "arm" under the Second Amendment". He wrote, the majority "has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms".

While the Supreme Court found that ban too expansive and burdensome on those keeping weapons commonly and historically used for self-defense, its take on the legality and place of firearms that resemble military-style weapons has raised questions in the near-decade since.

More news: Jamie Chung to Play Blink in Fox's Marvel Pilot From Bryan Singer

The 81-page opinion issued Tuesday opens with a detailed description of that day, including the number of rounds of ammunition fired, and goes on to describe mass shootings involving similar military-style firearms in a long list of other US cities.

"Disenfranchising the American people on this life and death subject would be the gravest and most serious of steps", Wilkinson wrote. It is their safety not ours. Specifically, the Heller opinion cited "the historical tradition of prohibiting the carrying of 'dangerous and unusual weapons, '" such as "weapons that are most useful in military service-M-16 rifles and the like".

"For a law-abiding citizen who, for whatever reason, chooses to protect his home with a semi-automatic rifle instead of a semi-automatic handgun, Maryland's law clearly imposes a significant burden on the exercise of the right to arm oneself at home", wrote Judge William Traxler in a dissent, calling for a stringent review of the decision. "The state has very little say about whether its citizens should keep it in their homes for protection".

More news: What Are Snapchat Spectacles? You Might Be Seeing Them A Lot More



Like this

Latest


24 February 2017
Manny Pacquiao announces he is in negotiations with Amir Khan
It comes two days after Bob Arum , Pacquiao's promoter at Top Rank, vehemently rejected reports that his client would fight Khan. The 38-year-old tweeted: "My team and I are in negotiations with Amir Khan for our next fight.

24 February 2017
Park: Giraffe stream taken off Youtube for 'nudity & sexual content'
This is April's fourth baby and the park is also expected to host a contest deciding the name of the calf after it is born. When staff see hooves, the sign that labor has begun, the veterinarian, Patch, and other park staff will wait by the side.

23 February 2017
Honor V9 official, a taste of Honor 9?
The setup is pegged to feature with laser-assisted autofocus and a dual-tone LED flash and can shoot videos in 4K resolution. Marketed between 358 and 480 euros, this smartphone could make its appearance in Europe under the name of Honor 8 Pro.

23 February 2017
Top US officials to go to Mexico for talks
The two countries plus Canada have their economies intertwined as a result of the North American Free Trade Agreement (NAFTA). Secretary of State Rex Tillerson and Secretary of Homeland Security John Kelly are headed to Mexico Wednesday.

23 February 2017
Instagram Users Can Now Upload Up to 10 Photos/Videos at Once
Each photo or video can be edited using Instagram's built-in tools and rearranged before or after the post is shared. Which made it all the more inexplicable that Instagram restricted photo carousels to its advertisers.

23 February 2017
Why South Koreans are set to live longest
It now has the highest life expectancy for women, but will be overtaken by both South Korea and France, the study suggests. The prediction is both a blessing and a burden as more of us can look forward to getting the most out of our golden years.

23 February 2017
Jimmy Kimmel considering retiring from late-night show
According to the insider, Jimmy sees the idea of late night retirement as an opportunity to do something new with his buds. Kimmel told People magazine that he does not plan on making anyone "uncomfortable" while hosting the Oscars.

22 February 2017
Israeli PM Netanyahu begins historic visit to Singapore
While Netanyahu turned down the deal, it is not clear whether the Arab states would've accepted or declined the deal either. He and Netanyahu became good friends in the mid-1980s when the future prime minister was ambassador to the United Nations.

22 February 2017
Commodities Are Mixed, Crude Oil Rose Due to Renewed Optimism
And after the output cuts were announced , prices soard almost 20 percent. The U.S. market will be closed on Monday for the Presidents Day holiday.

22 February 2017
New York City bull escapes slaughterhouse before being captured by police
The animal, either a bull (the animal has horns) or a steer, escaped a slaughterhouse around 10 a.m., ABC News reports. The bull reportedly escaped from a large group being delivered to a slaughterhouse on Jamaica Avenue.



Recommended