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Author Topic: Gun ban panic du jour---Run in circles, scream and shout.  (Read 3021 times)

aikorob

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Gun ban panic du jour---Run in circles, scream and shout.
« on: October 13, 2015, 12:32:34 pm »


Assault Weapons Ban Before U.S. Supreme Court

by Pete Williams   NBC News

The U.S. Supreme Court could announce as early as Tuesday whether it will hear a challenge to a suburban Chicago law banning firearms commonly known as assault weapons.

If the court agrees to hear the case, it would cast a shadow over similar bans in seven states. But declining to take it up would boost efforts to impose such bans elsewhere, at a time of renewed interest in gun regulation after recent mass shootings.

Gun rights advocates are challenging a 2013 law passed in Highland Park, Illinois, that bans the sale, purchase, or possession of semi-automatic weapons that can hold more than 10 rounds in a single ammunition clip or magazine. In passing the law, city officials cited the 2012 shootings at Sandy Hook Elementary School in Connecticut and a movie theater in Aurora, Colorado.

The ban also lists certain specific rifles, including those resembling the AR-15 and AK-47 assault-style firearms.

Semi-automatic weapons are capable of shooting a single round with each pull of the trigger and, consequently, can fire rapidly. Large capacity magazines reduce the need to reload as often.

A federal district judge upheld the law, and so did a federal appeals court panel by a 2-1 vote.

Central to the dispute is the Supreme Court's 2008 ruling that, for the first time, said the Constitution's Second Amendment provides an individual right to own a handgun for self-defense.

While it was a watershed ruling for gun rights, it also said "dangerous and unusual weapons" can be restricted.

The firearms banned by the Highland Park ordinance may be common, the appeals court said. But it added that "assault weapons with large-capacity magazines can fire more shots, faster, and thus can be more dangerous in the aggregate. Why else are they the weapons of choice in mass shootings?"

The opinion, written by Judge Frank Easterbrook, a Ronald Reagan appointee, said that "a ban on assault weapons and large-capacity magazines might not prevent shootings in Highland Park (where they are already rare), but it may reduce the carnage if a mass shooting occurs."

The Illinois State Rifle Association, which is challenging the law's constitutionality, says the weapons are in no way unusual. The AR-15, the group says, is the best-selling rifle type in the nation.

Between 1990 and 2012, the group says, more than 5 million AR-type rifles were manufactured for sale in the U.S., and 3.4 million more were imported. As for the magazines, the gun rights group says they are "ubiquitous," with nearly 75 million of them in possession of gun owners.

In a friend of court brief urging the Supreme Court to take the case, lawyers for 24 states say the weapons banned by the Highland Park ordinance are not only commonly used, but are also protected by state laws that forbid local communities to restrict them.

A ruling striking down the city ordinance would undercut similar bans in California, Connecticut, Hawaii, New York, Maryland, Massachusetts, and New Jersey, and in Chicago and surrounding cities.


My real concern is that people will see "SCOTUS" & "assault weapons ban" and the panic buying will start again.
Ammo supplies (with the exception of .22) are almost at pre Newtown levels around here.
   
GeorgiaFrom The Codex Kalachnikova: "He who would have you surrender your arms does so because he wishes to do something you could prevent by their usage."

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    Kaso

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #1 on: October 13, 2015, 01:09:32 pm »
    I certainly hope the NRA pulls it off for us.  That would be awesome.



    Kaso

    Langenator

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #2 on: October 13, 2015, 01:19:24 pm »
    I would really love to know if any of the plaintiffs brought up Miller, specifically the part where SCOTUS sent the case back to the lower court for a finding of fact as to whether SBSs have any "militia utility."

    Because it is a rather obvious fact that semi-auto rifles and handguns and magazines holding more than 10 rounds have "militia utility," since the standard military magazines hold 30 rounds for rifles/carbines and 15 for pistols, and standard military rifles, carbines, and pistols all have semi-auto capability.
    TexasFortuna Fortis Paratus

    Kaso

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #3 on: October 13, 2015, 01:23:42 pm »
    I would really love to know if any of the plaintiffs brought up Miller, specifically the part where SCOTUS sent the case back to the lower court for a finding of fact as to whether SBSs have any "militia utility."
    Unfortunately, the way Heller was argued did not stress the militia aspect.  So I doubt that this will be used, even if successful, to overturn the Hughes amendment.



    Kaso

    ksuguy

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #4 on: October 13, 2015, 01:35:45 pm »
    It is not like that will matter anyway.   You know at least 4 of the justices are going to rule based on their feelings,  law and precedent be damned. 
    Kansas

    MTK20

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #5 on: October 13, 2015, 01:43:22 pm »
    Fingers crossed and let's see how this one plays out  :cool.
    Texas
    Do we forget that cops were primarily still using 6 Shot Revolvers well through the mid 80's? It wasn't until after 1986 that most departments then relented and went to autos.
    Capacity wasn't really an issue then... and honestly really it's not even an issue now.
    Ray Chapman, used to say that the 125-grain Magnum load’s almost magical stopping power was the only reason to load .357 instead of .38 Special +P ammunition into a fighting revolver chambered for the Magnum round. I agree. - Massad Ayoob

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    sqlbullet

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #6 on: October 13, 2015, 01:48:51 pm »
    Heller and Miller rulings taken together means the high court has already ruled that individuals (Heller) have a right to weapons unrelated to militia service (Heller) and that the most highly protected guns would be those associated with militia service (Miller).  Given those two rulings and the standard load out for an infantryman in this age, it seems this ban has no legs to stand on.
    Utah

    Kaso

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #7 on: October 13, 2015, 02:07:21 pm »
    It is not like that will matter anyway.   You know at least 4 of the justices are going to rule based on their feelings,  law and precedent be damned. 
    Yeah, no kidding.  But it is still the best court that we may have for a long time, depending upon how 2016 goes.  I would love for them to hear it.  If they don't...  Then they effectually rule in favor of AWBs.



    Kaso

    Thernlund

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #8 on: October 13, 2015, 03:02:56 pm »
    It is not like that will matter anyway.   You know at least 4 of the justices are going to rule based on their feelings,  law and precedent be damned. 

    It's really easy to sit on one side of an argument you agree with and call foul on the other side when you don't take the time to dive into the details with unbiased eyes.  But the devil is in the details.  Looking closely at those rulings that split the court right down supposed "ideological" lines, I think that...

    a)  Both sides of said ideology are guilty of being colored by their ideals; and...
    b)  All of the justices do in fact come to their decisions in earnest.

    I think the USSC is a fair court, even when they rule in a way that doesn't agree with my personal sensibilities.  I don't see any evil there.  I don't see any agendas.  I think they, all of them, understand exactly what they're role is supposed to be and do in fact work towards that end in the best way they are capable of.

    Mistakes are of course made sometimes.  But that's just the nature of being human beings tumbling through space on a rock.


    (For the record, I'm not a Constitutional "Originalist", but I'm not exactly a "Living Document" guy either.  I'm somewhere in the middle where I favor individual freedom tempered with civilized order.)


    -T.
    Arizona  Arm yourself because no one else here will save you.  The odds will betray you, and I will replace you...

    Kaso

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #9 on: October 19, 2015, 07:56:22 pm »
    So, any word whether they are going to take this up, or not?



    Kaso

    aikorob

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #10 on: October 19, 2015, 08:12:37 pm »
    haven't heard one way or the other   :shrug
    GeorgiaFrom The Codex Kalachnikova: "He who would have you surrender your arms does so because he wishes to do something you could prevent by their usage."

    Kaso

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #11 on: October 19, 2015, 08:34:31 pm »
    haven't heard one way or the other   :shrug
    I would not even know where to be looking for the information.



    Kaso

    armoredman

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    Re: Gun ban panic du jour---Run in circles, scream and shout.
    « Reply #12 on: October 20, 2015, 01:01:33 am »
    And the fate of the detachable magazine semi-auto sporting rifle could rest on one man, Justice Kennedy, the "swing" vote. :shocked  :confused

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