Federal Judge Upholds Massachusetts Assault Weapons Ban

BY Herschel Smith
1 year, 1 month ago

From Mack and other readers, this.

A federal judge dismissed a lawsuit on Friday challenging Massachusetts’s ban on assault weapons.

U.S. District Judge William Young said in his ruling that the firearms and large magazines banned by the state in 1998 are “not within the scope of the personal right to ‘bear Arms’ under the Second Amendment.”

The features of a military-style rifle are “designed and intended to be particularly suitable for combat rather than sporting applications,” Young wrote.

Massachusetts was within its rights since the ban passed directly through elected representatives, Young decided.

“Other states are equally free to leave them unregulated and available to their law-abiding citizens,” Young wrote. “These policy matters are simply not of constitutional moment. Americans are not afraid of bumptious, raucous, and robust debate about these matters. We call it democracy.”

Well, I have a friend who hunts hogs in Georgia with a 6.5 Creedmoor AR-10, and the only reason I don’t hunt hogs in Georgia with an AR is because I haven’t been invited to go.  Hogs, he tells me, are tough critters and aren’t persuaded with single shots.  They often have to be shot multiple times.

But of course, that’s not the point, is it?  The point is that the second amendment is there for the amelioration of tyranny.  Because the politicians in Massachusetts are tyrants, they don’t want their subjects to have proper means of combat.  The judge is a tyrant too.  He told us so in his ruling.


Comments

  1. On April 7, 2018 at 5:25 am, Dan said:

    Further proof that we are WAY past that “awkward stage” Claire Wolfe spoke about a couple of decades ago.

  2. On April 7, 2018 at 8:08 am, ragman said:

    This “judge “ is a domestic enemy and should be removed at the very least. Military style weapons are exactly what our Founders had in mind when they wrote the Second Amendment.

  3. On April 7, 2018 at 8:43 am, Fred said:

    “Superior firepower being necessary to the central communist state, the right of judges to make shit up shall not be infringed.”

    Who knew?

  4. On April 7, 2018 at 9:18 am, Gryphon said:

    No Surprise Here. the ‘federal judiciary’ is another Subsidiary of the UNITED STATES GOVERNMENT Corporation, and so will Uphold any ‘non-constitutional’ Laws it makes.

  5. On April 7, 2018 at 10:42 am, dad29 said:

    So all that “militia” stuff in the 2A is……what? Potted plant?

  6. On April 7, 2018 at 10:49 am, jim said:

    people forget that the US Code as well as the various state codes classify us all as part of the “Unorganized Militia”

  7. On April 7, 2018 at 10:50 am, jim said:

    “well regulated” means you go to the range and practice a lot.

  8. On April 7, 2018 at 11:25 am, George said:

    The Czechoslovakian solution is probably out of our reach now. The best we can hope for is a Yugoslavian solution. Many people scoff at average folks who think they need an AR 15 for protection. If they looked at a recent Rasmussen poll that shows a 21% favorable rating for Luis Farrakhan some of them might start to understand.

  9. On April 7, 2018 at 3:28 pm, Ron W said:

    The leftists try to have it both ways. Some contend that a person can only exercise their right by bring in a government militia. Join the police or military they say, if you want to use guns. Thus they admit that militia or military weapons is what the 2nd Amendment protects. But the absurdity of that argument is that the government has NO rights, only delegated powers. Then, like this Federal judge, others say the 2nd Amendment doesn’t include militia or military weapons, even though its opening subordinate clause clearly states otherwise with the purpose being “the security of a free State”, NOT hunting or sporting.

    Furthermore, militia is an obvious reference to Article I, Section 8.15-16 of the enumerated powers delegated to the United States. The greater always delegates to the lesser. There in clause 16, referring to the militia, the Federal Government is restricted to only “governing such Part of them as may be EMPLOYED in the service of the United States”. Therefore, the Federal Government has NO power for gun laws pertaining to the People, but only those that “are called into its service and EMPLOYED. ALL Federal gun laws that in anyway infringe on “the right of the People” to keep and bear (carry) arms” are UNLAWFUL!!

  10. On April 7, 2018 at 3:35 pm, Ron W said:

    Additionally, the 10th Amendment restricts Federal gun laws pertaining to the People precisely because it has NO delegated powers to do so as is obvious in Article I, Section 8.15-16. And without enumerated delegated power it may do NOTHING!

  11. On April 7, 2018 at 5:05 pm, Torcer said:

    Leftists Demanding Gun Confiscation – The short List updated to March 2018
    https://noqreport.com/2018/04/05/leftists-demanding-gun-confiscation-short-list-updated-march-2018/
    An abbreviated list* of the times the national Socialist left talked about taking everyone’s firearms.
    In order to execute the necessary steps to confiscate guns, the Left must first take control of private property with Intergalactic Background Checks [Universal, Enhanced, etc.] But they need to Lie about their ultimate goal so that the people will accept this drastic intrusion into their personal lives.
    The Left needs this control over private property to get the data for their final solution to the gun problem. This is the critical step for them and the reason they obsess over ‘Background Checks’. The difficulty for the Left is that they need this stepping stone to gun confiscation while denying it’s a stepping stone to gun confiscation.
    This is an abbreviated list shows they are openly lying when they deny their intentions, it also shows they have developed some clever euphemisms for the taking everyone’s firearms.

    March 2018
    Paste Magazine: Repeal the Second Amendment, Idiots
    New York Times – John Paul Stevens: Repeal the Second Amendment
    Vox: What no politician wants to admit about gun control “taking a huge number of guns away from a huge number of gun owners”
    NAACP President OPINION: Gun Safety Is about Freedom [Australian style gun confiscation – making gun owners an offer they can’t refuse ]
    Feb 2018
    Democrat and Chronicle: Let’s repeal the Second Amendment
    New York Times -To Repeat: Repeal the Second Amendment
    La Times: No one becomes a mass shooter without a mass-shooting gun
    Toronto Star: Want to end gun violence Mr. President? Get rid of guns
    November 2017
    Splinter news: BAN GUNS
    Boston Globe: Hand over your weapons
    Redhawks Online: Guns must go
    October 2017
    New York Times: The Cancer in the Constitution [2nd amendment]
    Prospect magazine: Dear America: it’s time to grow up and ban guns
    Plan A Magazine: Ban Guns. Amend the Constitution.
    The New York Times: Repeal the Second Amendment
    The Week: Ban guns
    Eugene Robinson: Gun control should include buyback program like Australia’s
    Dan Pfeiffer: What to Bring to the Gun Fight [national gun registry, Tracking and limiting purchases of ammunition and a national gun buyback program]
    Washington Post Editorial Board : “President Trump, end this ‘American carnage.’”[Australian-Style Gun Ban]
    June 2016
    Rolling Stone: Why It’s Time to Repeal the Second Amendment
    December 2015
    The New York Times: End the Gun Epidemic in America [First Front Page Editorial In 95 Years]
    Huffington Post: We don’t need gun control. We need domestic disarmament
    New Republic: It’s Time to Ban Guns. Yes, All of Them.
    Salon: The Second Amendment must go: We ban lawn darts. It’s time to ban guns
    November 2015
    The Daily Beast: Yes, They Want to Take Your Guns Away
    October 2015
    Vox: Becoming a gun-free society would be hard. But we should still try.
    The Daily Kos: Effective Gun Control – A National Semi-Auto Ban
    Hillary Clinton: “In the Australian example, as I recall, that was a buyback program.”…..“I think it would be worth considering doing it on the national level”
    Barack Obama: “We know that other countries, in response to one mass shooting, have been able to craft laws that almost eliminate mass shootings. Friends of ours, allies of ours — Great Britain, Australia, countries like ours. So we know there are ways to prevent it.”
    The Washington Post: A gun-free society
    [Also Syndicated in the Chicago Tribune, Macomb Daily, The Oregonian, Trib live, etc.]
    U.S. News & World Report: It’s True, Democrats Want to Take Your Guns
    June 2015
    Sun-Sentinel: Don’t just get rid of flag, get rid of the gun, too
    January 2015
    Tallahassee Democrat: Stop the insanity: Ban guns
    June 2014
    Barack Obama: “A couple of decades ago, Australia had a mass shooting similar to Columbine or Newtown. And Australia just said, well, that’s it — we’re not seeing that again. And basically imposed very severe, tough gun laws.”
    May 2014
    LA Times: Opinion You say gun control doesn’t work? Fine. Let’s ban guns altogether.
    December 2012
    House Dem: ‘Turn in your guns’
    The Daily Kos: How to Ban Guns: A step by step, long term process
    Economist-The gun control that works: no guns
    Washington Post, Eugene Robinson: First, Get Rid of the Guns
    April 2007
    Salon: Repeal the Second Amendment

    *Abbreviated because a full listing would be far too long and it’s extremely difficult to track down all of these demands by the many varied euphemisms for Gun Confiscation.

  12. On April 8, 2018 at 10:05 am, TMR said:

    So the second amendment according to leftists is as follows?:

    “An overregulated populace, being necessary to the security of a socialist state, the right to bear firearms can exercised for sporting purposes only.”

    The leftists continue to prove they have no use for truth or freedom.

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You are currently reading "Federal Judge Upholds Massachusetts Assault Weapons Ban", entry #18960 on The Captain's Journal.

This article is filed under the category(s) AR-15s,Firearms,Guns,Second Amendment and was published April 7th, 2018 by Herschel Smith.

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