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re: No Federal Appeals Court Has Held Assault-type Weapons are 2A Protected.

Posted on 2/22/18 at 2:14 pm to
Posted by Rougarou13
Brookhaven MS
Member since Feb 2015
6842 posts
Posted on 2/22/18 at 2:14 pm to
quote:

I don't think we've ever had an accurate definition of "assault weapons".


Well that’s cause it’s a made up term.
Posted by Centinel
Idaho
Member since Sep 2016
45945 posts
Posted on 2/22/18 at 2:14 pm to
quote:

declined to review


Do you understand what this term means?
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14944 posts
Posted on 2/22/18 at 2:16 pm to
quote:

You want to put this into context, or are you going to pretend that this is really what the court said?


I was quoting from the 4th Circuit.
Posted by Tiger4Liberty
Baton Rouge
Member since Aug 2015
2437 posts
Posted on 2/22/18 at 2:17 pm to
quote:


Which is kind of the opposite of the 1939 decision upholding restrictions on sawed-off shotguns because they were NOT typical military weapons.


ETA United States v Miller



The Miller decision was wrong and had no real opposition. Short barreled shotguns were in fact used by the military at the time.

I know that wasn't your point and your point was correct.
Posted by LSULaw2009
Baton Rouge
Member since Feb 2008
1736 posts
Posted on 2/22/18 at 2:28 pm to
quote:

The Supreme Court in November 2017 declined to review the 4th Circuit decision cited in the OP.


You keep posting this as though it means anything legally outside of the US 4th Circuit. Supreme Court denials of certiorari do not convey any opinion of the Supreme Court on the merits of the case and have no legal effect on other US Circuits.
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14944 posts
Posted on 2/22/18 at 2:29 pm to
quote:

declined to review

Do you understand what this term means?


Yea. It means they declined to review it.

One reason could be is that there doesn't seem to be a clear dispute between the circuits.
Posted by Centinel
Idaho
Member since Sep 2016
45945 posts
Posted on 2/22/18 at 2:29 pm to
quote:

You keep posting this as though it means anything legally outside of the US 4th Circuit. Supreme Court denials of certiorari do not convey any opinion of the Supreme Court on the merits of the case and have no legal effect on other US Circuits.



What you some kind of lawyer or something buddy?
Posted by LSULaw2009
Baton Rouge
Member since Feb 2008
1736 posts
Posted on 2/22/18 at 2:30 pm to
Only in my day job, lol
Posted by BBONDS25
Member since Mar 2008
59463 posts
Posted on 2/22/18 at 2:36 pm to
quote:

was quoting from the 4th Circuit


Busted. You quoted the Heller Court and failed to include the entire quote. It ends up stating the exact opposite of what you claim it says. You are just another dishonest liberal. Surprise surprise.
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14944 posts
Posted on 2/22/18 at 2:36 pm to
quote:

You keep posting this as though it means anything legally outside of the US 4th Circuit. Supreme Court denials of certiorari do not convey any opinion of the Supreme Court on the merits of the case and have no legal effect on other US Circuits.

I post it in response to specific posts.

It's a fact.

It is also a fact that 3 other circuits that have made similar rulings, giving legal to a total of 4 circuits..
Posted by wickowick
Head of Island
Member since Dec 2006
46366 posts
Posted on 2/22/18 at 2:38 pm to
The Truth about Assault Weapons

The link is a slideshow and does a good job of explaining the differences between them and other guns.
Posted by BBONDS25
Member since Mar 2008
59463 posts
Posted on 2/22/18 at 2:38 pm to
You post it as if it is some sort of indication of the courts stance.

You are either intentionally deceptive or extraordinarily ignorant. Which is It?
Posted by Carson123987
Middle Court at the Rec
Member since Jul 2011
68038 posts
Posted on 2/22/18 at 2:40 pm to
ive got 3 words for you

Caetano. V. Massachusetts
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14944 posts
Posted on 2/22/18 at 2:42 pm to
quote:

I don't think we've ever had an accurate definition of "assault weapons".

Well that’s cause it’s a made up term.


The 4th Circuit opinion does not show that Maryland defined assault weapon, per se, but instead provides a list of the banned weapons, which I have posted.
This post was edited on 2/22/18 at 2:45 pm
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 2/22/18 at 2:49 pm to
quote:

texridder


Behold, an enemy to the nation.
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
51696 posts
Posted on 2/22/18 at 2:51 pm to
And absolutely zero Federal Circuit Court decisions carry binding precedent over the country as a whole.
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14944 posts
Posted on 2/22/18 at 2:54 pm to
quote:

ive got 3 words for you

Caetano. V. Massachusetts

Not sure that case is applicable.

From Wiki with footnotes
quote:

The Court then identified three reasons why the Massachusetts court's opinion contradicted prior rulings by the United States Supreme Court.

First, the Massachusetts court said that stun guns could be banned because they "were not in common use at the time of the Second Amendment’s enactment", but the Supreme Court noted that this contradicted Heller's conclusion that Second Amendment protects "arms ... that were not in existence at the time of the founding”.[10]

Second, the Massachusetts court said that stun guns were "dangerous per se at common law and unusual" because they were "a thoroughly modern invention", but the Supreme Court held that this was also inconsistent with Heller.[11]

Third, the Massachusetts court said that stun guns could be banned because they were not "readily adaptable to use in the military", but the Supreme Court held that Heller rejected the argument that "only those weapons useful in warfare" were protected by the Second Amendment.[12]
Posted by BBONDS25
Member since Mar 2008
59463 posts
Posted on 2/22/18 at 2:57 pm to
I get it now. You just don't understand what you are reading. The case is saying the Massachusetts courts were wrong and that heller allows for ownership of the stun gun. It was decided unanimously. That is a huge blow to the "point" you are trying to make and is on point.
Posted by texridder
The Woodlands, TX
Member since Oct 2017
14944 posts
Posted on 2/22/18 at 2:59 pm to
quote:

You post it as if it is some sort of indication of the courts stance.

You are either intentionally deceptive or extraordinarily ignorant. Which is It?

I just posted it as a fact.

I wouldn't want to horn in on your extraordinarily ignorant posts.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115360 posts
Posted on 2/22/18 at 3:00 pm to
Denial of cert is not dispositive.

Of course, you wouldn't know that.
This post was edited on 2/22/18 at 3:01 pm
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