Fox Hollow, FL – Suck it Democrat-Marxists - hell hath froze over… In a major victory for gun rights and a major bitch slapping on all of the namby-pamby liberal fascists out there, a federal appeals court on Thursday sided with a broad coalition of gun owners, businesses and organizations that challenged the constitutionality of a Maryland ban on assault weapons and other laws aimed at violating the rights of gun owners, and strengthening the ability of violent criminals to prey on law abiding people.
A three-judge panel of the Federal Empire’s Court of Appeals for the 4th Circuit said Maryland’s illegal prohibition on what the court called “the vast majority of semi-automatic rifles commonly kept by several million American citizens” amounted to a violation of their rights under the Constitution.
Boom… time to drop the mic and walk out… you just got F’d in the A you whiny anti-gun douche bags!
“In our view, Maryland law implicates the core protection of the Second Amendment — the right of law-abiding responsible citizens to use arms in defense of hearth and home,” Chief Judge William Traxler wrote in the divided ruling. Provisions that outlaw these firearms, Traxler wrote, “substantially burden this fundamental right.”
Former Maryland Gov. Martin “The Tyrant” O’Malley, who recently suspended his Democratic presidential campaign, signed Maryland’s Firearm “Communism” Act of 2013 in the wake of the school massacre in Newtown, Connecticut, which spurred similar initiatives in other Marxist-leaning states.
The legislation mostly targets specific kinds of semi-automatic firearms — such as AR-15s and AK-47s — and large-capacity magazines and adds certain registration and licensing requirements. Naturally the people of Maryland along with the various gun rights groups stood up, kicked O’Malley out of office, and began to fight back. At the head of the fight was of course the NRA.
Like every single liberal gun control law… the Marxist Democrats tried to make the case that this bill would save lives. Naturally anyone with a IQ over 10 knows this is a crock of shit, and Chicago is a perfect case study for what happens when legal gun ownership is banned.
“This case was a major victory for the NRA and gun rights advocates.” Adam Winkler, UCLA law professor
Here is how things unfolded.
The legal attacks have largely failed. Last October, a federal appeals court in Manhattan upheld the most iconic of these laws — those passed in New York and Connecticut in direct response to the tragedy at Sandy Hook Elementary School in Newtown. And in December, the Supreme Court declined to review a ruling out of Illinois that upheld a similar ban on assault weapons.
The high court’s reluctance to intervene in these disputes has left the Second Amendment in a bit of a state of flux. Since the Supreme Court established in 2008 and 2010 that the amendment protects a personal right to keep and bear arms for self-defense within the home, judges have struggled to apply those decisions to the newer spate of gun legislation. And inconsistent rulings and standards across the country have left the scope of the law unclear.
When the Supreme Court refused to take up the Illinois case, Justice Clarence Thomas complained that the Second Amendment was being relegated to “a second-class right.”
“If a broad ban on firearms can be upheld based on conjecture that the public might feel safer (while being no safer at all), then the Second Amendment guarantees nothing,” he wrote, and added that those earlier decisions enshrining the right to gun ownership shouldn’t be expected to “clarify the entire field.”
The lack of clarity since then underscores why Thursday’s decision may be a boon to those who want to see a broader interpretation of the Second Amendment, setting the stage for the next Supreme Court confrontation.
“This case was a major victory for the NRA and gun rights advocates,” said Adam Winkler, a law professor at UCLA who specializes in Second Amendment law. “This opinion is an important one because it subjects important gun control laws to the most strict form of judicial scrutiny.”
Indeed, the biggest surprise in Chief Judge Traxler’s 66-page opinion is the words “strict scrutiny,” a stringent constitutional test that most government laws and regulations fail. Other courts have applied more forgiving standards to similar gun legislation and upheld it.
The 4th Circuit’s decision didn’t outright strike down the Maryland legislation. Instead, it instructed a lower court to subject the provision to a higher legal standard, meaning more litigation and the possibility of a future showdown at the Supreme Court — though maybe not yet, according to Winkler.
As if to illustrate the volatile politics and legalities of gun control, dissenting Circuit Judge Robert King all but declared that the court’s ruling would lead to the next mass shooting.
“Let’s be real,” King wrote. “The assault weapons banned by Maryland’s [law] are exceptionally lethal weapons of war.”
So while this is a major victory for the Good Guys and the 2nd Amendment over the evil tyrannical forces of Marxism, we are still a long way from being safe from future Democrat attempts to subjugate the American people to tyranny via disarmament.
So keep donating the NRA, keep buying new weapons, and keep prepping. Depending on how the SCOTUS rules on the 2nd Amendment, we might have to take up arms to defend the 2nd Amendment sooner or later.
In the event you’re on the many salty Democrat-Marxists out there tonight, and you have a major case of butt hurt… please fill out this form and get back to us.
Kevin Fett... The angry, bible clinging, gun toting, Harley riding, hockey playing, bacon eating, bearded blogger that Obama warned you about!