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Old April 6th, 2018, 08:43 AM   #1
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Federal Judge Upholds Mass. Assault Weapon Ban

To all you right wingers that think that you are constitutional scholars, consider yourself schooled by the Cam man.........


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Federal judge upholds Massachusetts assault weapons ban

Source: The Hill

BY MORGAN GSTALTER - 04/06/18 11:46 AM EDT

A federal judge dismissed a lawsuit on Friday challenging Massachusett’s ban on assault weapons.

U.S. District Judge William Young said in his ruling that the firearms and large magazines banned by the state in 1998 are “not within the scope of the personal right to ‘bear Arms’ under the Second Amendment.”

The features of a military style rifle are "designed and intended to by particularly suitable for combat rather than sporting applications," Young wrote. Massachusetts was within its rights since the ban passed directly through elected representatives, Young decided.

Other states are equally free to leave them unregulated and available to their law-abiding citizens,” Young wrote. “These policy matters are simply not of constitutional moment. Americans are not afraid of bumptious, raucous, and robust debate about these matters. We call it democracy.”


Read more: http://thehill.com/regulation/court-...lt-weapons-ban

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Old April 6th, 2018, 08:46 AM   #2
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And it has been said by other law scholars and judges that any Amendment can be modified to limit their application and many if not most have.
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Old April 6th, 2018, 08:50 AM   #3
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And it has been said by other law scholars and judges that any Amendment can be modified to limit their application and many if not most have.
I have been arguing this federal judge’s interpretation on this site for years. Even Scalia in the Heller decision admitted that the Second amendment had it’s limits. 20 years after Massachusetts enacted this ban it has be affirmed. Chief Justice Burger and recently Justice Stephens have said the same. The right wing has bastardized the intent of the Second amendment and the winds are starting to change course.
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Old April 6th, 2018, 08:59 AM   #4
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Originally Posted by Camelot View Post
To all you right wingers that think that you are constitutional scholars, consider yourself schooled by the Cam man.........
Massachusetts is the most difficult State in the Union to spell and I shorten it to Mass. Ohio is easy to spell, O on the ends with hi in the middle.
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Old April 6th, 2018, 08:59 AM   #5
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I would add that there have been people on this very board (JimmyB for one) that have argued that the constitution ONLY applies at the federal level. So the federal government may not be able to infringe on your right to bear arms, but your state CAN !!!
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Old April 6th, 2018, 09:00 AM   #6
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Originally Posted by Twisted Sister View Post
Massachusetts is the most difficult State in the Union to spell and I shorten it to Mass. Ohio is easy to spell, O on the ends with hi in the middle.
Oh yes, we hayseeds here in Ohio can even use sign language to spell our state’s name.......LOL
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Old April 6th, 2018, 11:56 AM   #7
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Originally Posted by BubbaJones View Post
I would add that there have been people on this very board (JimmyB for one) that have argued that the constitution ONLY applies at the federal level. So the federal government may not be able to infringe on your right to bear arms, but your state CAN !!!
Isn't the 2nd Amendment contained in the Bill of Rights of the Constitution? If so, didn't the states give that obligation to the Federal government? What does the 10th Amendment tell us?
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Old April 6th, 2018, 12:03 PM   #8
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Originally Posted by caconservative View Post
Isn't the 2nd Amendment contained in the Bill of Rights of the Constitution? If so, didn't the states give that obligation to the Federal government? What does the 10th Amendment tell us?
Don’t worry about the 10th when you are still so clueless about the 2nd.
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Old April 6th, 2018, 12:46 PM   #9
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Originally Posted by BubbaJones View Post
I would add that there have been people on this very board (JimmyB for one) that have argued that the constitution ONLY applies at the federal level. So the federal government may not be able to infringe on your right to bear arms, but your state CAN !!!
That is how it has been interpreted hence why my carry permit does not apply across state lines. Now, IMO this is incorrect and is a Slippery slope as the document is to stop the government from infringing on those rights of the people and should be a common thread throughout all states. That being said, this exact premise could be used to say outlaw abortion in a state. But hey, we have basically abandoned the 4th and todays leftists wish to abolish the 1st and 2nd so....


Go on guys keep marching to loose rights. Amazing
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Old April 6th, 2018, 01:20 PM   #10
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That is how it has been interpreted hence why my carry permit does not apply across state lines. Now, IMO this is incorrect and is a Slippery slope as the document is to stop the government from infringing on those rights of the people and should be a common thread throughout all states. That being said, this exact premise could be used to say outlaw abortion in a state. But hey, we have basically abandoned the 4th and todays leftists wish to abolish the 1st and 2nd so....


Go on guys keep marching to loose rights. Amazing

My counter to the states rights versus federal constitution is that I am a RESIDENT of the state of Tennessee, but I am a CITIZEN of the United States. As such my most fundamental rights, guaranteed by the constitution DO NOT and should not change because I have crossed a river or simply stepped over some imaginary line on the ground.

I think the Patriot Act pretty much killed off the 4th and most of the 5th amendments. Trump with his constant barrage of "fake news complaints" and support of the Sinclair group are certainly taking their toll on the 1st.
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