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2/27/18 Federal Court Quietly Rules Assault Rifles are Not Protected By 2A

Unfortunately, the federal couorts have been almost universal in upholding AW bans, mag bans, and limits on carry permits to "important and connected" people.

This is why I am concerned the NSSF case against Healy relies in part on the largely denied claim that the 2A preserves AWs. By making that a hingepin of the case, the NSSF has virtually assured a loss.
 
Unfortunately, Cataeno never reached cert, so I assume it is not precedent that can be called upon. One can only hope SCOTUS retains the same logic if this is eventually granted cert.
 
Friday said:
Unfortunately, Cataeno never reached cert, so I assume it is not precedent that can be called upon. One can only hope SCOTUS retains the same logic if this is eventually granted cert.
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? Wasn't Caetano w/regard to stun guns? If so, SCOTUS rejected MA SJC's opinion and Caetano's conviction was overturned.

This decision by the 4th Circuit violates SCOTUS precedent from a number of cases (Heller and US v Miller [1934], at a minimum).
 
Friday said:
Unfortunately, Cataeno never reached cert, so I assume it is not precedent that can be called upon. One can only hope SCOTUS retains the same logic if this is eventually granted cert.
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Cataeno did get cert, but SCOTUS ordered the lower court to issue a decision consistent with it's interpretation of the constitution. I think the lower court may have ducked the case by having the charges dropped.
 
After Kolbe v. Hogan was denied cert, I lost all hope in "assault weapon" bans being ruled unconstitutional. That ruling was the most blatant disregard from prior supreme court rulings regarding the 2nd. The court twisted words so badly to come to the conclusion that "assault weapons" aren't covered it wasnt even funny. My feeling is if your state has a ban than rise up or move because the supreme won't touch them, and only maybe if there is another federal "assault weapon" ban that is challenged will the supreme court take it up.
 
whatluck said:
What comes after jury box again?
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Sand box?


Well, boys. How do you want it? Do you want SCOTUS to rule in our/your favor and say that the FEDERAL 2A trumps all STATE law? Or are we going to stand and fight against the tyrannical FEDERAL government and their over-reaching rules that affect the sovereign states to govern themselves.

While I think the 2A is exactly what it says it is, this isn't a simple issue. Getting a full "win" on this is near impossible. We're going to get some sort of SCOTUS pushback on this. Short of a few old L judges passing away, that is. And even then, how much federal intrusion do we want in the states????

Tough questions.
 
Dennis in MA said:
Sand box?


Well, boys. How do you want it? Do you want SCOTUS to rule in our/your favor and say that the FEDERAL 2A trumps all STATE law? Or are we going to stand and fight against the tyrannical FEDERAL government and their over-reaching rules that affect the sovereign states to govern themselves.

While I think the 2A is exactly what it says it is, this isn't a simple issue. Getting a full "win" on this is near impossible. We're going to get some sort of SCOTUS pushback on this. Short of a few old L judges passing away, that is. And even then, how much federal intrusion do we want in the states????

Tough questions.
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This one isn’t that tough. The Bill of rights should be defended/protected by the federal govt. The BOR trumps state law. We should continue to fight the federal government in the areas they are overreaching.
 
jpk said:
As a whole you cannot make a statement that all 10 amendments in the BoR trump state laws

Especially when language in some explicitly state "Congress shall not".....its clear that as a whole that the BoR is a limitation on what the FED gov may not do.......doesnt involve states at all in most every instance....
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Ok, I was wrong. I didn’t think it all the way through before I spoke.
 
Last edited:
Wait. Someone admitting they lurnd something on NES???

1. Will wonders never cease!?

2. Goodonya JRLB. I lurn stuff all the time here. Let us all never be afraid to be wrong from time to time. . . . I mean in addition to those times our wives tell us we are wrong.

3. As mentioned, I'm in complete agreement that 2A is meant for every person in every state, as 1A is. It's an affirmation of a right that existed pre-Constitution and a limitation on government. Just because MA decided NOT to be as strong with their 2A language in the Constitution doesn't mean they are right. Hell, they had a "state church" for decades. We clearly see THAT was in the wrong despite what the MA State Constitution says. It's about the rights listed, not the government limitation recommended. And 2A never SAYS Congress.
 
From Wikipedia...The U.S. Army defines assault rifles as "short, compact, selective-fire weapons that fire a cartridge intermediate in power between submachine gun and rifle cartridges."[16] In a strict definition, a firearm must have at least the following characteristics to be considered an assault rifle:[2][3][4]

Rifles that meet most of these criteria, but not all, are technically not assault rifles, despite frequently being called such.

For example:

  • Select-fire M2 Carbines are not assault rifles; their effective range is only 200 yards.[17]
  • Select-fire rifles such as the FN FAL battle rifle are not assault rifles; they fire full-powered rifle cartridges.
  • *******Semi-automatic-only rifles like the Colt AR-15 are not assault rifles; they do not have select-fire capabilities.*******
  • Semi-automatic-only rifles with fixed magazines like the SKS are not assault rifles; they do not have detachable box magazines and are not capable of automatic fire.
 
Al458 said:
After Kolbe v. Hogan was denied cert, I lost all hope in "assault weapon" bans being ruled unconstitutional. That ruling was the most blatant disregard from prior supreme court rulings regarding the 2nd. The court twisted words so badly to come to the conclusion that "assault weapons" aren't covered it wasnt even funny. My feeling is if your state has a ban than rise up or move because the supreme won't touch them, and only maybe if there is another federal "assault weapon" ban that is challenged will the supreme court take it up.
Click to expand...

They’re waiting til one side has a sure win. It’ll take another Trump nominee before they’ll take a 2A case.
 
Best quote in the comments section.
"The second amendment doesn’t “protect” any firearm. It prohibits the government from making laws regarding them."
 
Varmint said:
They’re waiting til one side has a sure win. It’ll take another Trump nominee before they’ll take a 2A case.
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It takes 4 justices to grant cert and to win. It is quite common for cert to be denied by justices voting against cert because they know their side will lose.
 
Dennis in MA said:
Well, boys. How do you want it? Do you want SCOTUS to rule in our/your favor and say that the FEDERAL 2A trumps all STATE law? Or are we going to stand and fight against the tyrannical FEDERAL government and their over-reaching rules that affect the sovereign states to govern themselves.
Click to expand...
On constitutional issues, the 14th guarantees that the BoR and other constitutional rights apply to all states.

On other issues, the 10th guarantees that the feds have no say.
 

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