Activist Judges. We see this concerning any number of issues, from election recounts, gay marriage, sanctuary cities, and the 2nd Amendment. They should all be ashamed of themselves. They tend to be in Federal Court Districts inhabited by a large number of leftist agenda pushing crybabies, and tend to act based on political expediency, as opposed to the constitutionality of a particular issue. This time a MASSHOLE Federal Judge upheld a silly law banning AR15s and standard capacity magazines (they call them “Hi-Cap” – which is bullshit)
This is not to say that the Supreme court is without its leftist activist Justices. The recent antics of Ginsberg and Stevens should give you plenty of pause when it comes to trusting the SCOTUS to act right. Nonetheless, the SCOTUS has only ever deigned to hear two cases on the 2nd Amendment. The most recent is the often quoted, much maligned and controversial DC vs. Heller – which found that the 2nd DOES guarantee an INDIVIDUAL right to keep and bear arms for the purpose of self-defense and slapped down DC’s anti-gun CCW laws.
Of course, those locals without a CCW law available had to then comply – even if they make it nigh on impossible for the average joe – with “May Issue Permits” being the rule of the individual state. Nonetheless, that is a state issue now, not a Federal one.
The other finding by the SCOTUS is one that is as equally maligned and controversial. It was made in the wake of the National Firearms Act, which was knee-jerk, anti-gun legislation that was borne of the violence created by another piece of legislation that was finally repealed – the 18th Amendment (Prohibition of Alcoholic Beverages). The case that should be a landmark AND the cornerstone for any argument against banning the AR15 (or other so-called “Assault Rifles” was US vs. Miller.)
While the Miller decision upheld the silly NFA, one of the reasons that the case is so important is that the weapon that was in question was the ubiquitous “sawed-off shotgun” – that being a shotgun with a barrel of fewer than 18 inches. Miller was a shitbag gangster, and carried the scattergun in violation of the NFA. His lawyers argued that a shotgun was indeed protected under the “Militia” clause of the 2A, because Soldiers carried shotguns to war.
Here where it gets silly and awesome all at once. In the finding by the SCOTUS, they stated that the “Militia” clause does indeed guarantee that citizens have the right (some may argue that it is a responsibility) under said clause to keep and bear MILITARY GRADE WEAPONS, in securing a Free State. Unfortunately for Miller, the shorty scattergun does not meet this definition, because the “common usage” of shotguns of the era did not include short barreled versions (historically arguable, but that is a different point).
Go back and read that VERY carefully. The SCOTUS, stated that: Sure, you can own MILITARY GRADE WEAPONS (small arms specifically, not including Full-Auto as they upheld the NFA). BUT, it has to meet the standard of being the same or similar to those in COMMON USAGE.
It seems to me that this activist Masshole Judge just contradicted US vs. Miller (just as others have in other BLUE districts) and as long as we keep the majority of Justices on the bench in DC that actually understand the Constitution and former SCOTUS decisions, this passel of bullshit bans will one day be in front of the SCOTUS and be soundly slapped down.
Now, You guys know that I am not a huge fan of the POTUS. However, you NEVER TRUMP types need to calm the fuck down and understand that perhaps his most important job while he is in office is to continue to populate that bench with pro-2A Justices. Whoever gets to occupy the Oval Office from here on out needs to be pro-2A as well. I am not talking about pussies like Mast or Rubio who want to negotiate away your rights. I am talking about someone who feels and speaks like Dana Loesch. Seriously.
For those of you that believe the hype about the NRA. Check yourself, please, do some actual independent research. I can go off on that as well, but that is for another time.
Stop the infighting, our Republic and our LIBERTY are on the line.
Join the NRA, write your Congress-critter. WRITE THEM. CALL THEM. SHAME THEM IF NEEDS BE. Facebook posts are no good for this, you actually have to do some work.