Showing up drunk and acting with hostility and belligerence would get any judge slapped down if the Senate committee as a whole was voting on the basis of who is a good judge, not on the basis of what Mitch McConnell commanded his servants to vote. It was not the painfully tortured 2nd Amendment which could have been written as a direct statement of a right - if that was the desire of the writers. The sad thing is that I figure most folks would agree that having a fire arm in their home is okay when the intention is self-defense. Look at the attack of a synagogue today. In … There could be a valid argument in the rest of the post (e.g. Rule of law does not mean rule by majority or rule by consensus in the moment; it means rule by majority and consensus over time. The authors of the Constitution couldn't even fathom electricity let alone what "arms" might entail these days. Some states includes a direct expression of that idea. But they didn't. (you could argue a hunting or boning knife is designed to cut flesh but that's not what you wrote). So Healy banning a certain rifle for the way it "looks" is rediculous, when other rifles and pistols hold the same amount of rounds. Ghetto marksmanship means little kids losing their lives to stray bullets because, 1. what I did say was that Massachusetts regulations are too onerous to the point of infringement. Since then, a flood of lawsuits and pre-litigation letters has seen bans on the devices scrapped in Baltimore, New Jersey, New Orleans, Tacoma, Washington, D.C. and other cities. Gasoline etc can run camping stoves, cars, or rockets. It results in reporting people to the gun ban list that should not be on that list at all. People fighting he in court have every right to do so, and a good reason. Both are devices that ostensibly serve purposes. Trouble is you don't seem to agree with yourself... As I've stated before, I'm all for universal mandatory firearms training. BOSTON — The Massachusetts Supreme Court Tuesday overturned the state’s ban on private ownership of stun guns, ruling they are protected under the Second Amendment’s right to bear arms. You can add a lot of things before "The right of the people to keep and bear arms shall not be infringed.". The Cato Institute recently filed an amicus brief in support of a U.S. Supreme Court petition against an unconstitutional Massachusetts firearms ban. Lowell's own General Curtis LeMay said of Vietnam, "Nuke 'em back to the stone age." While Congress passed a law a few decades ago defining a militia to include everyone that was a cowardly attempt to pervert and distort the meaning of the word. “Unless and until the Legislature were to act to replace § 131J [the current stun gun law] with a revised version that would pass muster under the Second Amendment, facial invalidation of § 131J would mean that there would be no law in place preventing stun guns from being sold to or possessed by violent felons, persons convicted of domestic violence, convicted drug dealers, children, or the mentally ill,” Gants said for the court. Had he still been alive, he would probably have advocated the same for Afghanistan. Yet there are facts and not alternative facts. Here, we find that even if the Act implicates the core of the Second Amendment right, it (at most) minimally burdens that right. If the Amendment was to declare that owning guns is a right then it would have been written and ratified with those words. Healey decided that anything with any part interchangeable with any AR-15 is illegal, but the Mini-14 isn't illegal. And restrictions placed on government from infringing on your rights apply to all governments subordinate to the Constitution. That would include a variety of regulations to prevent the many accidental deaths due to fire arms. BOSTON -- The Massachusetts Supreme Court Tuesday overturned the state’s ban on private ownership of stun guns, ruling they are protected under the Second Amendment’s right to bear arms. In referencing the 10the you must agree that the Commonwealth has rights reserved to it. Or a synagogue last year. ANY firearm can be used to commit mass murder. If unregulated ownership of guns was a natural right then that would have been included in the 1st Amendment. Maybe you're drunk. You're a little worked up an belligerent sounding yourself. McConnell would have broken the legs of his confederates if enough were going to vote against Kavanaugh. The AR15 is not more powerful than other allowed rifles, More deaths in San Diego thanks to the plague of guns. I suppose we could have gone all Swallwell on Vietnam and Afghan. Get Guns.com offers and news, Need Help?service@guns.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 ©2019 Guns.com. You, me, and everyone else who cares to study the issue, knows that one can do plenty of horrible things without a scary black rifle. Guns exist to maim and kill. Holding a 9mm sideways is retarded foolish, The right of the people to keep and bear arms shall not be infringed. They are not science fiction. You can't hug your children with nuclear arms. Interestingly, in Virginia you need a special kind of license of possess a scary black rifle. So is "I 'accidentally' shot my mother while cleaning my loaded gun.". But it isn't. It comes just two days after a federal judge in Boston declined to overturn a man's gun conviction despite his arguments he had a Second Amendment right to own a gun without a state license - and the ruling upholds a federal judge's decision last year to uphold the Massachusetts list of weaponry that is banned for sale here. A gun-rights group in San Diego sued Thursday to block California from enforcing its assault weapons ban, citing an earlier court victory that overturned the state’s ban … Handguns vs. AR-15, Roman. I wish Healey would place as much thought and coverage on the countless cases of repeat gun offenders being allowed to walk and re-offend. Here, the Massachusetts legislature's conclusion that the Commonwealth's legitimate interests are best served by proscribing semiautomatic assault weapons and LCMs rests on substantial (although not incontrovertible) evidence regarding the inordinate dangers associated with the proscribed weapons. This case concerns an issue of paramount importance. 2. Massachusetts chooses to regulate those death devices that can not be justified. He pretended that the first phrase of the 2nd Amendment was a throw away preface which had no meaning. A plague of gun abuse cancels out life. Each word was weighed in the conflict between a north that was becoming industrial and south that was fundamentally agrarian. BOSTON -- The Massachusetts Supreme Court Tuesday overturned the state’s ban on private ownership of stun guns, ruling they are protected under the Second Amendment’s right to bear arms. Sledge hammers are designed to pulverize whatever they hit. SPRINGFIELD, Mass. The 1st Amendment declares that there are fundamental natural rights. And if we define arms in the context of militia, nukes aren't arms. You can still buy, own, and use a gun. It expired on September 13, 2004, in accordance with its sunset provision. What amazes me is that on a day when easy access to guns results in another attempt at mass murder in a religious location there is still support of easy gun ownership. If they wanted the 2nd Amendment to mean that each person has a right to own firearms that is what they would have written. Despite the law, an estimated 10,000 copycat assault weapons had been sold in Massachusetts in 2015. As for the rape parties: one Ms Julie Sweatnick was all over the air waves with that one. Swiss cheese has fewer holes than this decision. The ban applied only to weapons manufactured after the date of the ban's enactment. There is a category of objects called burglarious tools. For the purpose of firearms licensing, the Massachusetts standard is a pretty good one: have two law-abiding citizens vouch for your good character, have no history of violent or threatening behavior, and demonstrate proficiency at safe handling and marksmanship. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. But then if you're too dangerous to be trusted with an AR...why would we trust you with a Mini 14, or a Glock, or a Beretta Storm, or for that matter...why the hell would we not lock you up for our own safety? Guns are a means of self-defense; simply owning them was never considered a right. Massachusetts court overturns state stun gun ban :: 04/18/2018. And that's my objection. Don't extrapolate that to a fallacious belief in the inevitable victory of the citizen-soldier; this is real life, not a Heinlein novel. If you have a right to self defense but not the right to implements useful for self defense, you have no rights. 2) I struggle to see what is not well-regulated about the group in that article. They didn't. But the national Constitution clearly and specifically makes ownership of guns subordinate to a "well regulated Militia.". Supporting gun ownership as though it is a natural right that existed from the first day that a human being woke up leans toward evil. Yet Healey specifically said it's legal in her enforcement notice. The right of the people to keep and bear arms. If you have a right to peaceable assembly but any assembly is ruled unpeaceacle since it has a small probability of breaking out into a riot, you have no right. He is an emotional sadist; he is evil. If the VA Tech guy had an AR-15 more people would have died, you can admit that. I will accept responsibility for my own misbehavior. I believe that is part of the reason these killers don't use handguns (except for VA Tech). In the wake of increasingly frequent acts of mass violence committed with semiautomatic assault weapons and LCMs, the interests of state and local governments in regulating the possession and use of such weapons are entitled to great weight. Just as Trump is belligerent in order hide his crimes I believe Kavanaugh chose belligerence (helped by some liquid courage) to shut down the Kabuki play of a hearing. But I bet you'd be something other than a paragon of cool if youd just been accused of hosting rape parties when you were in high school. But will you accept personal responsibility when people who are not idiots acquire guns and use them to kill others? Knives are designed to rip open flesh. If you like what we're up to and want to help out, please consider a (completely non-deductible) contribution. Holding this delicate balance steady and true is difficult but necessary work. Most states (e.g. Given that the conservative makeup of the Supreme Court treats the Constitution and laws as an a la carte menu, which they pick and choose according to their sentiments and prejudices - without care for law, or the primary rights found in the 1st Amendment - their decisions are suspect. If nothing else, those wouldn't be issued to a militiaman for reason of weight alone. Arms has a broad definition that's amenable to change over time. The 2nd Amendment was put into the Constitution for the purpose of assuring that citizens could arm themselves for the purpose of protection from invaders. Children getting hold of a gun? I have been carrying a Kimber M1911 concealed for about 25 years. 2. In other words when organized as a militia. Assault rifles will be banned. Just as Trump, McConnell and Scalia are or were temporary intrusions of moral disease into the body politic so is the addiction to guns. All of these things cannot all be true at once. Handguns are still subject to MA 940 CMR 16.00 The founders wanted the American people to have that power as a check on foreign aggression and domestic tyranny. isn't always the wrong way to hold a firearm. Stay in the know. In Massachusetts in particular, Collins' bill would lift the state ban on many types of assault weapons and large-capacity gun magazines. Read the history of human rights. BOSTON - The Massachusetts Supreme Court Tuesday overturned the state’s ban on private ownership of stun guns, ruling they are protected under the Second Amendment’s right to bear arms. If you have a right to speech and press, but no right to own a typewriter then you have no right. I'm more worried about federal courts deciding that flimsy "intermediate scrutiny" is appropriate for a core natural right identified in the Bill of Rights rather than "strict scrutiny" which has traditionally been applied. The appeals court concluded that in the Heller decision, the Supreme Court made personal self defense, especially in the home, one of its lodestones for determining whether a weapon was valid under the Second Amendment. I know what they're thinking. As for electronic locks...that's science fiction. The sort of order that comes from regular practice at arms, individually, and corporately, as citizens did at the time. McDonald v. Chicago, 561 U.S. 742, is a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms," as protected under the Second Amendment, is incorporated by either the Due Process Clause or Privileges or Immunities Clause of the Fourteenth Amendment and is thereby enforceable against the states. Smart guns exist. I assure you that the founders had not forgotten Lexington and Concord -- where their revolution started when the British army came for their guns. I recently had the good fortune to receive a new ammunition line from CCI called Clean-22. Where law is concerned it matters to be precise. While one or two examples where a weapon of mass destruction may have stopped a robbery, those few examples pale in comparison to the mass murders caused by high powered death devices. Now you could argue guns can be used for purposes other than to maim, e.g. They might be easy to overcome but at least they can prevent accidental maiming and deaths when children get hold a gun. Society has defined it as not being infringement in the same way that owning a fully automatic weapon isn't infringement. If I have no valid reason to suspect other people of having criminal intent, I will not accept responsibility for my interactions with those people. The case, that of Jorge Ramirez, came from a predawn traffic stop by the Revere Police Department in November 2015 over a broken tail light. But because these features-based bans are ridiculously easy to circumvent, the state’s Democratic Attorney General has now decreed, apparently by fiat, that there will now effectively be a ban on most semi-automatic long guns in the state. The Supreme Judicial Court on Tuesday found the state’s total ban on civilian possession of a stun gun violates the Second Amendment. We can argue that the Commonwealth government has the right to protect its citizens when the federal government abandons protection of the citizenry. It's up to all of us and what we're willing accept as to the point of our guidelines. If the Amendment was to declare that owning guns is a right then it would have been written and ratified with those words. Or maybe you're not. Possessing those tools support conviction of a burglary. The reference to Freedom of Speech as also a direct statement. They seem to have officers, a code of conduct, and rules of engagement. Few daily household or home remodeling projects go better with gun in the Massachusetts in 2019 (thank goodness), unless you count nail guns. (WWLP) – Assault weapons have been banned in Massachusetts for nearly 20-years, but Attorney General Maura Healey said, that hasn’t stopped the sale of copy-cat assault … The U.S Supreme Court Monday wiped out a Massachusetts court ruling that had upheld the conviction of a Massachusetts woman who carried a stun … The decision cleared up the uncertainty left in the wake of District of Columbia … 1)"a bunch of nobodies with AK-47s" only tied down the world's only superpower because said superpower didn't want to win the war on the terms that it was winnable. And "smart guns" are real. If the writers of the Constitution believed that each person has an outright right to own guns they would have written that. Why it's Roman moving the goalposts again! So can any car or truck. The Amendment clearly states that the right exists in the keeping and bearing Arms, within the context of a well regulated Militia, for the purpose of a secure free State. High-velocity weapons like the AR-15 does much, much more damage. Guns may "propel a small projectile at a high speed" but I'd probably get arrested trying to play marbles with one. The solution advanced by the court: delay the lifting of the ban by 60 days to allow legislators to craft a law that would balance the right to keep and bear arms with public safety. Don't know. They must have those arms to drill regularly and achieve a high level of proficiency so that the militia will be "well-regulated" when called upon. It is hard to study the history of the Constitution. I just get annoyed by the somewhat poor rephrasing of an argument that news "commentators" (and heck the fox in Zootopia, I suppose - "always respond with a question and then answer THAT question") often use. That time goes back to when the rules governing our society were laid down. Gun Review: Going the Distance with the Kimber Rapide Black Ice 10mm. Trump is obviously a man who believes that chaos, lies, disruption and pain for others is how he wants the world to spin. Most crimes and homicides are committed with pistols. Yup. Or a Mini-14 that shoots the same bullet out of the same barrel as an AR, but is a little slower to reload? Read the Declaration. In the span of human writings the idea of rights for the average person is new. Regardless of the accusation he had an obligation to act like a sober human being. Using the term ghetto - as it has come to mean today - indicates a belief that inhabitants of a ghetto are subhuman (that is what NAZIs and Italians believed concerning Jews). If you choose to direct any of these tools to the task of harming your fellow man, then you are thr one who has committed an offense. Gun manufacturer Smith & Wesson has donated $500,000 to the US’s largest gun industry trade body to help its fightback against the Massachusetts attorney general’s ban on … The court said there is: We have said before, and today reaffirm, that "few interests are more central to a state government than protecting the safety and well-being of its citizens." LCMs [large-capacity magazines] exacerbate this danger, allowing the shooter to fire more bullets without stopping to reload. Even Scalia, whose interpretation was biased by his own emotionally violent nature, could not completely stop from stating the truth and agreed that this so-called right was still subject to regulation. Reread the 2nd Amendment. How would I define an idiot? Or do you have information indicating that he hosted a rape party? The cap limit in MA is 10 for pistols / rifles - and has been. Your defense of Kavanaugh's drunken and belligerent behavior fails. The first clause merely explains the reasoning for the second. And for all of the non-gun owners on here. That's the point. Hand guns were invented with the intention of killing people. Further, if the writers of the national Constitution wanted to express the idea that individuals have a right to owning guns, without qualification, they would have done so. You may not like them, or disagree with them about politics, but it doesn't mean they aren't well-regulated. Only these weapons and copies or duplicates of these specific pistols are prohibited under the ban, and none appear on the approved list. Sledge hammers are also used to break up drywall, stones, etc. That's infringement. Again...for the sake of the rule of law...this shouldn't age well. I'm guessing here, but most victims of handgun violence in this state are criminals themselves who wouldn't have been shot if they simply weren't criminals (empirical evidence only there). Gasoline, ethanol, kerosene are made to burn hot. Sledge hammers are designed to pulverize whatever they hit. I'm from Philadelphia. Since Massachusetts indubitably "has compelling governmental interests in both public safety and crime prevention," id., the only question that remains is whether the Act is substantially related to those interests. While the Justices held that, in Caetano’s case, “‘the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” Massachusetts has not acted to repeal their prohibition on stun guns and tasers. To secure enough votes in 1994, the ban's sponsors in Congress accepted a "sunset provision" — meaning it would last 10 years but need to be reauthorized. The Constitution has been modified with an Amendment and then modified again to revoke that Amendment. But the ownership of guns was not equated to self-defense. Safety and protection will truly be put ahead of the pleasure and lust for owning devices that exist only to kill. In logical theory it doesn't make sense you are right. My point: don't ban the guns. As we have said, the Act does not outlaw all semiautomatic firearms and magazines. The court contrasted such heavy weaponry with lightweight stun guns, which Massachusetts also tried to ban but which the Supreme Court said were allowed by the Second Amendment. Gasoline, ethanol, kerosene are made to burn hot. ...Couldn't agree with you more. Hard to say how many would be dissuaded, if any. Whether your right is actually being infringed upon is amenable to change over time. Well, here's a problem. I do not see where I claimed victory was inevitable for citizen soldiers. Although there is NO justification for owing guns that can easily be used to commit mass murder. Conflating anything that can kill a person with an object designed to kill is disengenuous. Rare events committed by rare people. Cars and trucks exist primarily for the purpose of transportation. Gould, 907 F.3d at 673. Not sure about any other kind of semiautomatic rifle. Google "cavitation". Now to be fair, I did not read the decision, so I don't know all the nuances. The fact that Supreme Court judges use poor reasoning and bigotry to base the decisions, and that some of them are men who practice sexual harassment of women, and who exempt themselves from basic laws, anything they declare has to be taken with a ton of salt. Massachusetts Ban on Most Self‐ Defense Firearms Violates Second Amendment . To play the game of word substitution is disingenuous to the point of lying. The Supreme Judicial Court on Tuesday found the state’s total ban on civilian possession of a stun gun violates the Second Amendment. The Supreme Judicial Court on Tuesday found the state’s total ban on civilian possession of a stun gun violates the Second Amendment. They drill regularly, and can apparently hit what they're aiming at. Then there are accidents, suicides, domestic violence incidents, robberies gone wrong, and innocent bystanders. BOSTON — The Massachusetts Supreme Court on Tuesday overturned the state’s ban on private ownership of stun guns, ruling they are protected under the Second Amendment’s right to bear arms. Heller II, 670 F.3d at 1264 (noting that "the 2 or 3 second pause during which a criminal reloads his firearm can be of critical benefit to law enforcement" (internal quotation marks omitted)). Today that might also include electronics that make use of a weapon dependent on entering a passcode. Each word was weighed against states that legalized the greatest sin and horror of human kind - slavery - against states where the people were realizing that slavery was and is a horror. Look. In other words just as cars can be regulated so can guns. Or a gay bar a few years ago. You probably know as well as I do how hard it can be to shoot a moving target (or even someone at close range) with a handgun. Thus, we conclude that the Act does not heavily burden the core Second Amendment right of self-defense within the home. 1. Eventually most people will treat guns sanely and safely. Again with the paranoia. Read it again. He violated the spirit of the Constitution. The record contains ample evidence of the unique dangers posed by the proscribed weapons. In my opinion he violated the Constitution. Just like the rest of the constitution, the second amendment is also for citizens that you dislike. Sorry for the semi-rant. And if the scary black rifle disappears, the crazies will move on to other things...like pressure cookers, ball bearings, and perfectly-legal-just-about-anywhere explosives purchased over time in small quantities. On the other hand, I think it's safe to say that the record for disarmed subjects is pretty grim. The man later challenged the legality of the charge itself, with his attorney citing a 2016 ruling from the U.S. Supreme Court in the case of Jaime Caetano, a Massachusetts woman appealing her conviction for carrying a stun gun. Try to keep up. Do you mean Jewish ghettos of black ghettos? What is more, it strains credulity to argue that the fit between the Act and the asserted governmental interest is unreasonable. Safety is and always has between the ears. Massachusetts has long had a ban on “assault weapons” that mirrors the now expired Clinton-era Assault Weapons Ban. No other reason. The right of the people to keep and bear arms shall not be infringed. If you want to be that strict of an originalist, then the only thing we have to give you to meet the Second Amendment is a musket. But it is pretty clear that most of the recent random shootings were done by a specific type of firearm. Otherwise playing games with words just creates lies. After watching a bunch of nobodies with AK-47s tie down the world's only superpower for decades in Vietnam and Afghanistan you would think that this would be totally beyond debate -- power flows from the barrel of a gun. SAN FRANCISCO (Reuters) - A California state appeals court on Wednesday struck down a ban on the private ownership of handguns in San Francisco, one of … Your ad hominem attack of me is quantitatively different from my references to Trump, McConnell and Scalia. The Mini-14 is capable of inflicting the same damage by virtue of firing the same bullet through the same length barrel. If you don't like the words of the 2nd Amendment then petition for a new Constitution Amendment that specifically states that the words, "A well regulated militia...." are meaningless. There are many more in history. This is where I like Mass gun laws. So the ruling claims that because the state has an overriding interest in preventing violence (agreed), AND proscribed assault weapons can be used to commit crimes (true, but with a big caveat), AND the plaintiffs could not name a single instance of AR-15 being used for home defense (read on), then it's OK to ban that subset of weapons. Notwithstanding...how is Healey exactly getting away with interpreting a law where the standard for a banned weapon is its configuration and not the interchangeability of its parts with weapons in banned configurations? It is, therefore, not surprising that AR-15s equipped with LCMs have been the weapons of choice in many of the deadliest mass shootings in recent history, including horrific events in Pittsburgh (2018), Parkland (2018), Las Vegas (2017), Sutherland Springs (2017), Orlando (2016), Newtown (2012), and Aurora (2012). They fail because knives, fire, etc. In fact, when asked directly, not one of the plaintiffs or their six experts could identify even a single example of the use of an assault weapon for home self-defense, nor could they identify even a single example of a self-defense episode in which ten or more shots were fired. Zebras make great guard pets, The right of the people to keep and bear arms shall not be infringed. People are using large-capcity, semi-automatic weapons to commit mass murders, not protect themselves at home, a federal appeals court said yesterday, upholding the way Massachusetts bans the sale of certain assault weapons. The 10-year ban was passed by the US Congress on September 13, 1994, following a close 52–48 vote in the US Senate, and was signed into law by US President Bill Clinton on the same day. Ghetto marksmanship is responsible for a lot of dead kids walking to school. All of the Constitution should not be on that right every day those interests the! 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