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Posts Tagged assault weapons
From The Federalist:
The Supreme Court has refused to hear “assault weapon” cases in the past. However, previous cases were lower profile and the result of narrow readings, not the backwards interpretation exhibited in Kolbe. In its bravado, the Fourth Circuit may have crossed a bridge too far, sparking national debate and possibly forcing the issue to finally make it to the Supreme Court.
The Kolbe court justified their holding through a misplaced reliance on Heller’s discussion of weapons not protected by the Second Amendment: “dangerous and unusual weapons” and those “most useful in military service – M-16 rifles and the like.” This reliance was completely out of context, most obviously because the M-16 and its stablemates are machine guns, not in common lawful use by civilians anywhere. This is a far cry from the pedestrian semi-automatic weapons Maryland actually targeted.
As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California Rifle & Pistol Association submitted a joint-letter to the DOJ explaining the flaws in the regulations and demanding that the regulations be withdrawn or we would be forced to pursue legal action.
Late on Friday, February 10, the DOJ withdrew the problematic regulations from the OAL’s consideration. It is unclear exactly why the DOJ took this action, however it can be surmised that the NRA-CRPA legal letter likely prompted the move. NRA/CRPA’s letter explains the flaws in both the content and process in which DOJ sought to adopt the submitted regulations. While the regulations have been withdrawn, the underlying statutes remain in effect and new/revised regulations will likely be submitted to OAL in the near future.
From the NRA:
From The Guardian:
“I believe it created a category of gun ownership that didn’t exist before. These were casual, recreational shooters that might not have gone out of the way to put down money for something like that,” Morgan said.
“I believe that we can assign Freudian psychology to it,” he said. “The sudden placement of taboo on that firearm elevated demand.”
…the majority found that “[i]f a ban on semi‐automatic guns and large‐capacity magazines reduces the perceived risk from a mass shooting, and makes the public feel safer as a result, that’s a substantial benefit.”
The judges didn’t judge the case from a legal perspective but from how the public feels about it. They are no longer judges if they simply bow to the whim of the public.
This letter was posted on CNN’s website:
Senator Dianne Feinstein,
I will not register my weapons should this bill be passed, as I do not believe it is the government’s right to know what I own. Nor do I think it prudent to tell you what I own so that it may be taken from me by a group of people who enjoy armed protection yet decry me having the same a crime. You ma’am have overstepped a line that is not your domain. I am a Marine Corps Veteran of 8 years, and I will not have some woman who proclaims the evil of an inanimate object, yet carries one, tell me I may not have one.
I am not your subject. I am the man who keeps you free. I am not your servant. I am the person whom you serve. I am not your peasant. I am the flesh and blood of America.
I am the man who fought for my country. I am the man who learned. I am an American. You will not tell me that I must register my semi-automatic AR-15 because of the actions of some evil man.
I will not be disarmed to suit the fear that has been established by the media and your misinformation campaign against the American public.
We, the people, deserve better than you.
Cpl, United States Marine Corps