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 Supremes Reject Chance to Strengthen 2A Rights

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T O P I C    R E V I E W
LittleBill Posted - December 02 2017 : 08:33:54 AM
This week the Supreme Court let stand the Fourth Circuit’s holding in Kolbe v. Hogan that semi-automatic rifles are not constitutionally protected “arms.”

In Kolbe v. Hogan, the Fourth Circuit held that all banned semi-automatic rifles, including the AR-15 and the AK-47 are “not constitutionally protected arms” because they are “weapons that are most useful in military service.”

But this differs from the Second, Seventh, and DC circuits, which all held that semi-automatic rifles are protected by the Second Amendment; yet still allowed for them to be banned by local Gov’ts, when such bans advanced a legitimate governmental interest.

When there are different and conflicting rulings in the lower Courts, it’s the duty of the Supreme Court to give a uniform ruling. Instead, they refused to hear the case, and thus deliberately failed to clarify which appellate rulings were to be applied nationally.

Kolbe’s analysis directly conflicts with the Supreme Court’s holding in Heller that the Second Amendment protects “firearms commonly used for a lawful purpose.” The prevalence of lawfully used AR-15s and semiautomatic AK-47s clearly meets the Heller standard for garnering Second Amendment protection.

The Fourth Circuit’s reasoning is also at odds with that of three other circuit courts, making Kolbe the ideal vehicle for the Supreme Court to clarify Second Amendment jurisprudence.

But by refusing to hear the case, the Supremes refused an opportunity to strengthen and clarify our 2A rights, and left the door open for a ban on semi-auto “assault rifles”.

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LittleBill Posted - December 02 2017 : 11:37:57 AM
quote:
Originally posted by jle3030

Pundits have ventured the guess that the conservative Supremes may be holding off major 2A decisions until another conservative justice can be seated.

It's a sad state of affairs when the outcome of a case can be predetermined simply by examining the political leanings of the judge(s).

The founding fathers, if they were still living, would be reaching for their muskets. Or AR's as the case may be.

Jeff


I hope that turns out to be the case!

jle3030 Posted - December 02 2017 : 11:26:23 AM
Pundits have ventured the guess that the conservative Supremes may be holding off major 2A decisions until another conservative justice can be seated.

It's a sad state of affairs when the outcome of a case can be predetermined simply by examining the political leanings of the judge(s).

The founding fathers, if they were still living, would be reaching for their muskets. Or AR's as the case may be.

Jeff
Malcolm Posted - December 02 2017 : 09:22:11 AM
As this forum was suggesting, just last week I believe, it’s time to “bolt and lever up”!

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