I will not accept responsibilities for other people's misbehavior. The Supreme Judicial Court on Tuesday found the state’s total ban on civilian possession of a stun gun violates the Second Amendment. Your rights are not circumscribed by the 1st Amendment or the 2nd or any of them. 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." The ban applied only to weapons manufactured after the date of the ban's enactment. 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)). Ghetto marksmanship is responsible for a lot of dead kids walking to school. McConnell prevented the lawful nomination and consideration to the Supreme Court. 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. 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. The Mini-14 is capable of inflicting the same damage by virtue of firing the same bullet through the same length barrel. Right now, zero private citizens who "apply for a permit for a new AR-15" in Massachusetts can get one. Nevertheless thank you for providing examples of how much supporters of the false interpretation of the 2nd Amendment will twist and turn to deny that the 2nd Amendment is not about a right for individuals to own guns JUST BECAUSE THEY WANT to own them. The Massachusetts assault weapons ban mirrors the federal ban Congress allowed to expire in 2004. Read it again. If you have a right to speech and press, but no right to own a typewriter then you have no right. By Ilya Shapiro and James Knight. The authors of the Constitution couldn't even fathom electricity let alone what "arms" might entail these days. 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. The AR15 is not more powerful than other allowed rifles, More deaths in San Diego thanks to the plague of guns. This is the kind of weaseling by courts that one saw in Jim Crow states to curb the Civil Rights of minorities up through the 1960s. If you expand the scope to beyond Massachusetts, you probably would find more instances of AR15s being used for self defense and home defense. 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 5-to-4 decision confirms that the Second … Ghetto as in neighborhoods that are not just poor, but are places where good white people avoid for fear of their death? Then there are accidents, suicides, domestic violence incidents, robberies gone wrong, and innocent bystanders. Among natural rights there is a right of self-defense. If you want to debate the first phrase then hop on a time machine and go back a couple of hundred years. Google "cavitation". Massachusetts's stun gun ban came into question after a woman was arrested for carrying one in her pursue for protection against her ex-boyfriend. The cap limit in MA is 10 for pistols / rifles - and has been. If the writers of the Constitution believed that each person has an outright right to own guns they would have written that. 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. We could write laws that say you have to pass numerous checks, store your weapon at a highly qualified gun range run by the state in a secured vault, only be able to purchase ammunition at that gun range and can't leave the grounds with it, and otherwise not own a gun. If I'm crazy enough to try to kill people for no reason at all, and if I don't expect anyone to be shooting back, is there a reason for me to have second thoughts because all I've got is a Glock with a 10 round magazine? In logical theory it doesn't make sense you are right. 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. 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. The right of the people to keep and bear arms. No other reason. I recently had the good fortune to receive a new ammunition line from CCI called Clean-22. 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. High-velocity weapons like the AR-15 does much, much more damage. Regardless of the accusation he had an obligation to act like a sober human being. Sledge hammers are designed to pulverize whatever they hit. Look at the attack of a synagogue today. Massachusetts court overturns state stun gun ban The Supreme Judicial Court on Tuesday found the state’s total ban on civilian possession of a stun gun violates the Second Amendment. It's originalism to its maximal outcome. 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. Well, here's a problem. Don't extrapolate that to a fallacious belief in the inevitable victory of the citizen-soldier; this is real life, not a Heinlein novel. 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. Zebras make great guard pets, The right of the people to keep and bear arms shall not be infringed. In other words when organized as a militia. You're a little worked up an belligerent sounding yourself. 3. The Constitution has been modified with an Amendment and then modified again to revoke that Amendment. It's up to all of us and what we're willing accept as to the point of our guidelines. What is more, it strains credulity to argue that the fit between the Act and the asserted governmental interest is unreasonable. In the 22-page ruling in Ramirez v. Commonwealth, Chief Justice Ralph Gants said the high court “reluctantly” came to the conclusion that Massachusetts’s blanket prohibition on electronic weapons couldn’t be saved as it It's not up to you, or me. Hand guns were invented with the intention of killing people. Rare events committed by rare people. 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. And it means including the original meaning of those rules, not the fad interpretation of the moment. The Massachusetts Assault Weapons Ban does prohibit the sale of certain semi-automatic pistols, including the INTRATEC TEC-9, TEC-DC9 and TEC-22; and the Action Arms Israeli Military Industries UZI and Galil. (Talking about the design of nail guns or circular saws or other tools that can maim you might be interesting but probably really off-topic). There could be a valid argument in the rest of the post (e.g. 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 writers of the Amendment wrote what we see. The Massachusetts assault weapons ban mirrors the federal ban Congress allowed to expire in 2004. Had he still been alive, he would probably have advocated the same for Afghanistan. If you can come up with instances of self defense or home defense involving AR15s and/or more-than-ten-round magazines (like the ruling making it's way through west coast federal courts right now), then you've turned this ruling on its head. Guns are icky, The right of the people to keep and bear arms shall not be infringed. Massachusetts Ban on Most Self‐ Defense Firearms Violates Second Amendment . What was he hiding? In Sutherland Springs, Texas, the shooter was confronted by a dude who had his own AR. That's the dumbest interpretation of the Constitution I've ever heard. Do you mean Jewish ghettos of black ghettos? Lastly, I'm pretty sure our AWB is not even close to the only reason we haven't had a mass shooting around here that I can recall. CCI Clean Offers a Mess Free Solution in .22 LR. Or do you have information indicating that he hosted a rape party? Ghetto marksmanship means little kids losing their lives to stray bullets because, 1. Guns are designed to propel a small projectile at a high speed. 2. You have the right to self defense and to property by virtue of sucking down oxygen, not because those rights are enumerated in a list somewhere. In referencing the 10the you must agree that the Commonwealth has rights reserved to it. 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. The appeals court noted, more than once, the state law does not ban all semiautomatic assault weapons and that the ones it does ban " do not share the features that make handguns well-suited to self-defense in the home," such as being easily accessible or even able to be used with one hand by a homeowner who is dialing the police with another. 2)This ain't "well-regulated" by any definition. 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. Again with the paranoia. The sort of order that comes from regular practice at arms, individually, and corporately, as citizens did at the time. I believe that is part of the reason these killers don't use handguns (except for VA Tech). 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. I think the AR-15 used in most random shootings is used because of pure terror and violence, and that is what lawmakers want to stop. 2) I struggle to see what is not well-regulated about the group in that article. But that would include mandatory training with a certification. Some states includes a direct expression of that idea. Knives are designed to rip open flesh. 2. In my opinion he violated the Constitution. And the 10th Amendment. Gould, 907 F.3d at 673. Adam, why don't you research how many gun murders in MA or nationally are committed with "assault weapons" vs handguns. That makes them qualitatively different from hammers, screwdrivers, cars and trucks. Expect this to be overturned by the SCOTUS. Cf. Ramirez, a passenger in the vehicle, was found to have a stun gun in his pants pocket, which lead in part to his arrest and a charge for violating the Commonwealth’s electrical weapon laws. People fighting he in court have every right to do so, and a good reason. There is a category of objects called burglarious tools. Your ad hominem attack of me is quantitatively different from my references to Trump, McConnell and Scalia. Interestingly, in Virginia you need a special kind of license of possess a scary black rifle. 1. 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. You may not like them, or disagree with them about politics, but it doesn't mean they aren't well-regulated. The answer to this question depends on whether the fit between those interests and the Act is reasonable. We spent six months and turned the corner of the recommend break-in round count on the striking Kimber Rapide Black Ice in 10mm Auto and have some things to report. Read the history of human rights. That time goes back to when the rules governing our society were laid down. Get Guns.com offers and news, Need Helpemail@example.comCall (866)582-4867, PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337 ©2019 Guns.com. Not the person who made the instrument in question. The attempt at analogy by tying Freedom of Speech to typewriters fails. Not sure about any other kind of semiautomatic rifle. 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. Read the Declaration. 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. The smallest nuclear warhead that you can build that will still go boom weighs hundreds of pounds. If you don't the Constitution then, oh well, it is what we are stuck with. 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. Today that might also include electronics that make use of a weapon dependent on entering a passcode. They seem to have officers, a code of conduct, and rules of engagement. The founders wanted the American people to have that power as a check on foreign aggression and domestic tyranny. Now to be fair, I did not read the decision, so I don't know all the nuances. Just like more people would have died had he had a Mini-14, or a few extra 10-round mags for his pistol. They have bad aim. Maybe you're drunk. How would I define an idiot? ...Couldn't agree with you more. Only these weapons and copies or duplicates of these specific pistols are prohibited under the ban, and none appear on the approved list. I know what they're thinking. 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. 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. In other words, "A well regulated Militia....". The first clause merely explains the reasoning for the second. He violated the spirit of the Constitution. All of these things cannot all be true at once. Society has defined it as not being infringement in the same way that owning a fully automatic weapon isn't infringement. In the 22-page ruling in Ramirez v. Commonwealth, Chief Justice Ralph Gants said the high court “reluctantly” came to the conclusion that Massachusetts’s blanket prohibition on electronic weapons couldn’t be saved as it was flawed in its wording by the legislature. If you like what we're up to and want to help out, please consider a (completely non-deductible) contribution. So while he could have just walked into a store and bought a pistol, he would have had more hoops to jump through to obtain an AR15. With lawmakers in Massachusetts now under a ticking clock to recast the Commonwealth’s electronic weapon laws, Senate President Harriette Chandler and House Speaker Robert DeLeo are both reportedly working on legislative fixes. Few daily household or home remodeling projects go better with gun in the Massachusetts in 2019 (thank goodness), unless you count nail guns. And "smart guns" are real. Or maybe you're not. If you have a right to self defense but not the right to implements useful for self defense, you have no rights. But it isn't. 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. 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. Now you could argue guns can be used for purposes other than to maim, e.g. 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? Sledge hammers are also used to break up drywall, stones, etc. 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. Holding this delicate balance steady and true is difficult but necessary work. An appeals court Friday upheld a decision to throw out a legal challenge to 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. 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. Do you really believe Kavanaugh was hosting rape parties as a kid or are you just unconsciously repeating a meme? Massachusetts has long had a ban on “assault weapons” that mirrors the now expired Clinton-era Assault Weapons Ban. He chose otherwise. And restrictions placed on government from infringing on your rights apply to all governments subordinate to the Constitution. The ruling we're discussing here ignores that argument (not sure which of the plaintiffs these are, and which arguments they made as there a couple of suits over this working their way through the courts), and says AR15 bad because lethality. Why it's Roman moving the goalposts again! Help keep Universal Hub going. 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. Today the Supreme Court ruled that Chicago's handgun ban violates the right to keep and bear arms. I think that you realize that the first phrase of the statement is, "A well regulated militia..." But because it is inconvenient to the ideology and emotional need of owing guns you pretend that it is irrelevant. But the national Constitution clearly and specifically makes ownership of guns subordinate to a "well regulated Militia.". Sorry for the semi-rant. You can add a lot of things before "The right of the people to keep and bear arms shall not be infringed.". Ghetto marksmanship? 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. It is accepted that self-defense is a right. So is "I 'accidentally' shot my mother while cleaning my loaded gun.". Copies or duplicates of banned assault rifles, including copies of the Colt AR-15 and the Kalishnikov AK-47, are prohibited by the Massachusetts assault weapons ban. 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. You can't hug your children with nuclear arms. Assault rifles will be banned. Gun Review: Going the Distance with the Kimber Rapide Black Ice 10mm. Knifes are designed to cut ... vegetables, wire, rope, etc. Ban idiots from getting guns. Viewed as a whole, the record suggests that wielding the proscribed weapons for self-defense within the home is tantamount to using a sledgehammer to crack open the shell of a peanut. what I did say was that Massachusetts regulations are too onerous to the point of infringement. It's all about where we choose to set the limits as a society. Gasoline, ethanol, kerosene are made to burn hot. Swiss cheese has fewer holes than this decision. Reread the 2nd Amendment. By the way, ending your statement with an ad hominem attack doesn't enhance your credibility. That's infringement. They might be easy to overcome but at least they can prevent accidental maiming and deaths when children get hold a gun. 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. If that is the case, is there a compelling reason for the state to apply regulations to certain weapons? It expired on September 13, 2004, in accordance with its sunset provision. People think nothing of trying to settle arguments with violence I will accept responsibility for my own misbehavior. The Supreme Judicial Court on Tuesday found the state’s total ban on civilian possession of a stun gun violates the Second Amendment. Here, we find that even if the Act implicates the core of the Second Amendment right, it (at most) minimally burdens that right. 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. MA) *required* the militia to own serviceable military weapons and ammunition, and to present themselves at regular intervals for training. The Supreme Judicial Court on Tuesday found the state’s total ban on civilian possession of a stun gun violates the Second Amendment. The 1st Amendment declares that there are fundamental natural rights. The record contains ample evidence of the unique dangers posed by the proscribed weapons. Children getting hold of a gun? At the time of the writing of the Constitution, that meant, with some fiddling around the upper and lower bounds, all males between 16 and 60, Quakers and clergy excepted. 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. SPRINGFIELD, Mass. 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. I’ve always heard great things about old Colt revolvers, and let’s just say this gun made me think twice about my stance on revolvers. The idea of rights itself is relatively new in the history of human beings. In other words just as cars can be regulated so can guns. If the Amendment was to declare that owning guns is a right then it would have been written and ratified with those words. It's the murdering that's illegal, not any tool that might facilitate the crime. Holding a 9mm sideways is retarded foolish, The right of the people to keep and bear arms shall not be infringed. Does it make it harder? While some people may have opinions on why the M1911 isn’t an ideal carry choice, I’m going to explain why this is the best option for me. LeMay ran for Vice-President as George Wallace's running mate. Arms has a broad definition that's amenable to change over time. As for the rape parties: one Ms Julie Sweatnick was all over the air waves with that one. 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. So there is the precedent for using the United States Constitution to amend the United State Constitution. 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. Try to keep up. We founding fathers hate guns so very much and think they should all be thrown into some nerd pit forever like the Sarlac Pit or the Mordor volcano or something and everyone should have a picture of Don Knotts as Barney Fife in their house to remember how foolish gun possesion is, The right of the people to keep and bear arms shall not be infringed. A Massachusetts court struck down that state’s stun gun ban last year, also ruling that banning civilian possession of the weapons violates the U.S. Constitution’s right to bear arms. I suppose we could have gone all Swallwell on Vietnam and Afghan. That could meet society's acceptable definition of keeping and bearing arms. One day you may notice that the amendment begins by referring to a Militia. But will you accept personal responsibility when people who are not idiots acquire guns and use them to kill others? Constitution believed that each person has an outright right to own guns they would have written that. Yet the tools are normally used in very legal activities. 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. Again...for the sake of the rule of law...this shouldn't age well. Judge Benitez in California specifically overturned California's magazine capacity limits citing specifically their use in home defense scenarios. are not objects or phenomena that exist with the intention of killing people. Litigation is pending in Hawaii and New York. The offering is another quality product from CCI, who already create some of the best .22 LR ammo around.
massachusetts gun ban overturned
Dec 22, 2020