U.S.A. –-(Ammoland.com)- In the second off-the-charts bad ruling within a single month, the U.S. Fourth Circuit Court of Appeals (which covers Virginia, West Virginia, Maryland, North Carolina, and South Carolina) has just ruled that military-style weapons (an AR-15 in this particular case) are NOT protected by the Second Amendment and can be banned or restricted!
It upholds Marylands “assault weapon” ban and 10-round magazine limitation.
Sheesh – an an AR-15 is NOT a military weapon anyhow.
That is the EXACT OPPOSITE of what has been ruled by the U.S. Supreme Court! (U.S. vs Miller in 1939 was one such case.)
The 4th “Circus” is actually making California’s 9th “Circus” look sane and reasonable by comparison.
Because VCDL has been successful in killing every attempt to ban semi-automatic rifles and limit magazine sizes, this ruling has no immediate affect on us. But it could be a serious problem down the road if such a bill ever becomes law in Virginia. The ruling is, however, bad news for our friends up in Maryland.
Hopefully, this ruling will be appealed to the U.S. Supreme Court.
Some new appointments to the 4th Circus by the President could turn it back into the respectable 4th Circuit down the road.
Member Mark Malooly sent me this excerpt from the DISSENTING opinion of the 4th Circuit, which excoriates the ruling:
Today the majority holds that the Government can take semiautomatic rifles away from law-abiding American citizens. In South Carolina, North Carolina, Virginia, West Virginia and Maryland, the Government can now tell you that you cannot hunt with these rifles. The Government can tell you that you cannot shoot at targets with them. And, most importantly, the Government can tell you that you cannot use them to defend yourself and your family in your home. In concluding that the Second Amendment does not even apply, the majority has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.
VCDL’s counter part in Maryland, Maryland Shall Issue, writes:
In a split decision the en banc Court of Appeals for the Fourth Circuit decided Kolbe today and affirmed the district court’s dismissal of the lawsuit…The Court held that so called assault weapons were not even protected by the Second Amendment. In an alternative ruling, the Court also held that Maryland could ban so called assault weapons under “intermediate scrutiny.” We are, of course, disappointed by the Court’s decision, but an adverse decision was expected after the full Court of 14 judges decided to review the 3 judge panel’s initial favorable decision. The next step would to ask the Supreme Court to review the Fourth Circuit’s decision by filing a petition for certiorari. Such a petition would be due 90 days from today and that time can be extended. Despite the loss, there are some possible aspects to the Court’s decision. For example, the Court stated that “Nothing in our decision today affects or calls into question the Second Amendment protection of weapons that are not most useful in military service — including, of course, Heller’s handguns.” The Court further stated that “we conclude that no more than intermediate scrutiny applies here, in part because the FSA leaves citizens free to protect themselves with handguns and plenty of other firearms and ammunition, and thus does not severely burden the core Second Amendment right to use arms for self-defense in the home.”
About Virginia Citizens Defense League, Inc. (VCDL):
Virginia Citizens Defense League, Inc. (VCDL). VCDL is an all-volunteer, non-partisan grassroots organization dedicated to defending the human rights of all Virginians. The Right to Keep and Bear Arms is a fundamental human right.
For more information, visit: www.vcdl.org.