Looks like we lost some ground

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walnut red
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Looks like we lost some ground

Post by walnut red »

http://www.huffingtonpost.com/entry/mil ... a6ef4634f8" onclick="window.open(this.href);return false;

First they say the 2nd only refers ti military arms and then they say it does no apply to military arms at all.
bignflnut
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Re: Looks like we lost some ground

Post by bignflnut »

Writing for a nine-judge majority, U.S. Circuit Judge Robert King said that weapons such as M-16s and the kind that “are most useful in military service” aren’t protected by the Second Amendment as interpreted by the Supreme Court in the landmark District of Columbia v. Heller decision. That ruling limited the right to ownership of handguns for self-defense within the home.

“Put simply,” King wrote, “we have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage.”
It sure looks like the Fourth Circuit used the (non-precedential) dicta in Heller to help hang their hat in this decision.

That said, there was a vigorous dissent here by Judge Traxler, and the majority was aghast at the notion of extending “Second Amendment protection to each and every weapon deemed sufficiently popular — no matter how violent or dangerous that weapon is.”
Funny how people have said that dicta is not part of the ruling...that it has no legal weight. (Anyone remember hearing that after Heller?) They even expressed disbelief and confusion when Wynn...who...if I'm not mistaken comes from the 4th Circuit also, started an uproar by declaring all armed citizens "dangerous" because they were armed.

When we compromise our Liberty and agree to a limited, half-hearted set of Rights, we reap these rulings.


Praise be to Heller and Scalia.
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

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"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
Mustang380gal
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Re: Looks like we lost some ground

Post by Mustang380gal »

Duplicate post.

Keep the conversation here: http://www.ohioccwforums.org/viewtopic.php?f=9&t=89382

Thanks!
RIFLEWOMAN, wife of a RIFLEMAN, mom of 9, NRA life member, OFCC Patron member!
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