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Wednesday, March 14, 2018

Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules - NBC News

Assault Weapons Not Protected by Second Amendment, Federal Appeals Court Rules - NBC News: In a 10-4 ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said that 45 kinds of assault weapons banned under Maryland law aren't protected by the Second Amendment.

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This decision based on this ruling in District of Columbia v. Heller, 2008, written by conservative Justice Scalia:
"Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any mannerwhatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those 'in common use at the time' finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons."
https://www.law.cornell.edu/supct/html/07-290.ZS.html
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