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Maryland Assault Weapons Ban: Federal Court Upholds It, Not the Second Amendment

Maryland Assault Weapons Ban

A court decides that criminals should outgun citizens.

by DAVID FRENCH February 22, 2017 3:10 PM

What happens when you mix contempt for individual rights with a healthy dose of willful ignorance and fear? You get the Fourth Circuit Court of Appeals, the court that’s teaching the legal Left the recipe for attacking the Second Amendment.

Twice in less than a month, the court has radically restricted the constitutional rights of gun owners. In January, it held that even lawful gun owners are inherently “dangerous” and can face limitations on their constitutional rights, including the right to be free of unreasonable search and seizure, simply because they possess a gun. In the words of a concurring judge:

In sum, individuals who carry firearms — lawfully or unlawfully — pose a risk of danger to themselves, law enforcement officers, and the public at large. Accordingly, law enforcement officers may frisk lawfully stopped individuals whom the officers reasonably suspect are carrying a firearm because a detainee’s possession of a firearm poses a categorical “danger” to the officers.

But this holding, as dangerous as it is, pales in comparison with the court’s decision yesterday, when it not only upheld Maryland’s assault-weapons ban but categorically stated that the Second Amendment does not protect the right to own so-called assault weapons or the right to own a magazine that holds more than ten rounds of ammunition.

How can it reach such a conclusion? Remember the formula: contempt, willful ignorance, and fear.

First, let’s look at the court’s breathtaking contempt for individual rights. Rather than read the Supreme Court’s controlling opinion in District of Columbia v. Heller according to its plain language, it deliberately distorts Justice Antonin Scalia’s majority opinion. In Heller, Scalia clearly stated that the sorts of weapons the Second Amendment protects are those that are “in common use at the time,” with exceptions that apply to those weapons that are “dangerous and unusual.”

Why the addition of “and” unusual? Because every single working gun ever made is dangerous. To illustrate his point, Scalia then provides examples of specific types of “dangerous and unusual” guns — “M-16 rifles and the like.” Here’s a news flash: The M-16 isn’t the same as a civilian “assault weapon” like the AR-15. The M-16 variants in use in the United States military are capable of being fired in both semi-automatic and fully automatic (three-round burst) modes. If you think that the M-16 and AR-15 are alike, then walk to your local gun store and try to buy an M-16.

Go ahead. I’ll wait.

Read the rest of the article at the source…..

Source: Maryland Assault Weapons Ban: Federal Court Upholds It, Not the Second Amendment | National Review

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