Bad News: Fourth Circuit Court of Appeals Makes Another Horrible Ruling

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.
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.
Virginia Citizens Defense League
Virginia Citizens Defense League

U.S.A.-(Ammoland.com)- In the second off-the-charts bad ruling within a single month, the U.S. Fourth Circuit Court of Appeals (which covers Virginia, West Virginia, Maryland, North Carolina, and South Carolina) has just ruled that military-style weapons (an AR-15 in this particular case) are NOT protected by the Second Amendment and can be banned or restricted!

It upholds Marylands “assault weapon” ban and 10-round magazine limitation.

Sheesh – an an AR-15 is NOT a military weapon anyhow.

That is the EXACT OPPOSITE of what has been ruled by the U.S. Supreme Court! (U.S. vs Miller in 1939 was one such case.)

The 4th “Circus” is actually making California’s 9th “Circus” look sane and reasonable by comparison.

Because VCDL has been successful in killing every attempt to ban semi-automatic rifles and limit magazine sizes, this ruling has no immediate affect on us. But it could be a serious problem down the road if such a bill ever becomes law in Virginia. The ruling is, however, bad news for our friends up in Maryland.

Hopefully, this ruling will be appealed to the U.S. Supreme Court.

Some new appointments to the 4th Circus by the President could turn it back into the respectable 4th Circuit down the road.

Member Mark Malooly sent me this excerpt from the DISSENTING opinion of the 4th Circuit, which excoriates the ruling:

Today the majority holds that the Government can take semiautomatic rifles away from law-abiding American citizens. In South Carolina, North Carolina, Virginia, West Virginia and Maryland, the Government can now tell you that you cannot hunt with these rifles. The Government can tell you that you cannot shoot at targets with them. And, most importantly, the Government can tell you that you cannot use them to defend yourself and your family in your home. In concluding that the Second Amendment does not even apply, the majority has gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.

VCDL’s counter part in Maryland, Maryland Shall Issue, writes:

In a split decision the en banc Court of Appeals for the Fourth Circuit decided Kolbe today and affirmed the district court’s dismissal of the lawsuit…The Court held that so called assault weapons were not even protected by the Second Amendment. In an alternative ruling, the Court also held that Maryland could ban so called assault weapons under “intermediate scrutiny.” We are, of course, disappointed by the Court’s decision, but an adverse decision was expected after the full Court of 14 judges decided to review the 3 judge panel’s initial favorable decision. The next step would to ask the Supreme Court to review the Fourth Circuit’s decision by filing a petition for certiorari. Such a petition would be due 90 days from today and that time can be extended. Despite the loss, there are some possible aspects to the Court’s decision. For example, the Court stated that “Nothing in our decision today affects or calls into question the Second Amendment protection of weapons that are not most useful in military service — including, of course, Heller’s handguns.” The Court further stated that “we conclude that no more than intermediate scrutiny applies here, in part because the FSA leaves citizens free to protect themselves with handguns and plenty of other firearms and ammunition, and thus does not severely burden the core Second Amendment right to use arms for self-defense in the home.”

About Virginia Citizens Defense League, Inc. (VCDL):

Virginia Citizens Defense League, Inc. (VCDL). VCDL is an all-volunteer, non-partisan grassroots organization dedicated to defending the human rights of all Virginians. The Right to Keep and Bear Arms is a fundamental human right.

For more information, visit: www.vcdl.org.

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Duude
Duude
4 years ago

“The 4th “Circus” is actually making California’s 9th “Circus” look sane and reasonable by comparison.”

Gimme a break!! The 9th circuit has been overruled by the Supreme Court 86% of the time. Ain’t no other circuit court gonna touch that.

chuck sherwin
chuck sherwin
4 years ago

No such thing as “intermediate scrutiny” for ALL individual, inalienable, fundamental Rights. There MUST be STRICT SCRUTINY to be in compliance with Our Rights by ALL Courts. The 4th Circuit is WRONG; States have no Right to “diminish” but can ONLY “add-to” Rights, not RESTRICT them. The Supreme Court MUST protect the Constitution…and these ah’s know it. They are “ruling from the bench” in violation of Our Rights. ANY Law that violated the Constitution is NULL and VOID right out of the gate.

Aardvark
Aardvark
4 years ago

This kind of government tyranny (yes, willfully ruling in violation of the Constitution is tyranny) is exactly why we have a 2nd Amendment. In the words of Thomas Jefferson: “What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.” These judges are political hacks that willfully violate their oath of office to advance their “progressive” ideology. Just as we need term limits for congress people, we also need to eliminate legal immunity for all judges. When they deliberately decide based on personal… Read more »

Frankie D
Frankie D
4 years ago

Of the 4th circuit judges that heard the case the breakdown was as follows:

Upheld the ban:
Gregory – Clinton appointee
Wilkinson – Regan appointee What the hell???????
Motz – Clinton appointee
Keenan – Obama appointee
Wynn – Obama appointee
Floyd – Obama appointee
Thacker Obama appointee
Harris – Obama appointee

Dissenting:
Traxler – Clinton appointee
Neimeyer – Bush appointee
Shedd – Bush appointee
Agee – Bush appointee

BIGMACK
BIGMACK
4 years ago
Reply to  Frankie D

I THOUGHT TH VOTE WAS 9 TO 4 ABOUT HOW LONG BEFORE THIS COULD COME BEFORE THE SUPREME COURT

Wild Bill
Wild Bill
4 years ago

@old, unfortunately, you can only get rid of a federal judge by the impeachment process. It must be proved that the judge committed a “high crime or misdemeanor”. I don’t think that the NRA has standing to do that. The other ways to get rid of a judge is by voluntary resignation or death. If the FBI followed them around long enough, they could be caught doing something illegal, all those liberals are up to something illegal. (That is why they hate our laws.) Then we could impeach them.

Oldmarine
Oldmarine
4 years ago

Judges can be held responsible for braking the intent of the law. Any judge that does not support the Constitution is breaking the law (2nd Amendment ) “SHALL NOT BE INFRINGED” is by definition a criminal and should be prosecuted to the extent of the law as a Traitorous act . They need to face the held responsible for their actions. All you have to do is charge them and get them in court to explain their actions against the Constitution and resolve their locality to the Constitution. All Americans should hold judges to the Constitution since all Laws are… Read more »

Sam
Sam
4 years ago

Anti gun democraps—You just can’t fix stupid.

Wild Bill
Wild Bill
4 years ago

I think that we need a national day of cleansing.

Thom Paine
Thom Paine
4 years ago
Reply to  Wild Bill

@Wild Bill , I second the motion !

Boz
Boz
4 years ago

No civilian owns “assault” weapons!!! Assault weapons by definition are select-fire capable, which includes full-auto fire. Civilian A-R rifles DO NOT have this capability. They may “look” similar, which scares the bejesus out of effeminate liberals, but they merely appear similar, that is all. And to educate libtard pü$$ies, A-R stands for Armalite Rifle (a BRAND name) , NOT “assault rifle”. Shove it libs! Keep pushing this BS, and the 2nd Amendment will end up doing EXACTLY what it was intended to do.

eric
eric
4 years ago
Reply to  Boz

amen to that

James
James
4 years ago

What is it??? The so called “Assault rifle” is too militia or military and short barreled shotguns are not militia or military enough (US vs. Miller 1939).

JOSEPH CHAMBERLAIN
JOSEPH CHAMBERLAIN
4 years ago
Reply to  James

to begin with that from the time rifles came to be someone has called them as an assualt weapon,2nd never expect an idiot in the courts to side with anyone that enjoys shooting weapons..