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Old 06-05-2017, 08:36   #953
pcfixer
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Join Date: Jan 2013
Location: Maryland
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4th Circuit En Banc- 2A doesn't protect assault rifles and magazines

https://www.supremecourt.gov/search....es/16a1074.htm

May 10 2017
Application (16A1074) granted by The Chief Justice extending the time to file until July 21, 2017.

https://www.ammoland.com/2017/03/4th...#axzz4j8fJm6ez

Read more: https://www.ammoland.com/2017/03/4th...#ixzz4j8grWw2M
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The 4th Circuit en banc declared that “contrary to the now-vacated decision of our prior panel — the banned assault weapons and large-capacity magazines are not protected by the Second Amendment.
That is, we are convinced that the banned assault weapons and large-capacity magazines are among those arms that are ‘like’ ‘M-16 rifles’ — ‘weapons that are most useful in military service’ — which the Heller Court singled out as being beyond the Second Amendment’s reach…Put simply, we have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage.” It further stated that the appropriate level of scrutiny to apply to such a challenge was intermediate scrutiny. In other words, the Court believes that the Second Amendment does not warrant the highest level of protection when analyzing a challenge to the constitutionality of a law it may infringe upon.
Many people have been asking “how will this affect me”? Remember at the beginning where I listed the states the 4th Circuit covers? This decision is only binding on lower federal courts in those states. Unfortunately, that means if a law restricting certain types of firearms is passed in any of those states and someone brings a challenge to the constitutionality of it under the Second Amendment, it has now opened the door for restrictions on what firearms the Second Amendment protects. If you reside in a different state, no courts are bound by the decision. However, they can cite to it as persuasive authority, which is problematic, especially if other courts begin to adopt the perverted logic employed by the 4th Circuit.
When we were reviewing the script for this episode, Jon asked me how we could fight such a terrible decision. The fact of the matter is, there isn’t really any way to do so, short of contacting your congressional representatives. As you probably know, we have a system of government that is designed to have checks and balances on one another. If you didn’t know that, don’t worry, I’ve included another School House Rock episode for you to enjoy.
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