Maryland Before The Supreme Court On “Assault Weapons”

BY Herschel Smith
7 months ago

He does a rundown of Maryland’s argument on why the Supreme Court should not take up this case, but rather, allow the ban to stay in place.

Frankly, I’m tired of hearing the so-called “common use” argument.  That has nothing to do with anything and certainly wasn’t in the minds of the founder when they told the FedGov to stay out of the business of regulating weapons.  Common use is entirely a fabricated phrase to assist the controllers.

Second, I’m tired to death of hearing the phrase “assault weapons” (which is also a fabricated phrase) and the routine response by gun rights advocates that “assault weapons” don’t meet the three rules for considering them an “assault rifle” (which based on DoD definition, includes (1) intermediate cartridge, (2) select fire capable, and (3) mild recoil).

It doesn’t matter since in order to make that argument, gun rights advocates stipulate up front that civilians have no right to own such a firearm (e.g., select fire).  In other words, it makes no sense to contrast “assault weapon” and the formal definition of “assault rifle” unless you admit at the outset that the very difference itself is justification for being able to own a semi-automatic version of the same weapon, which in fact, I don’t admit at all and thus do not use that argument.

Eh, whatever.  I really don’t care whether the SCOTUS takes this case up or not.  If they do and come to a good decision, states like Maryland and New York will have to allow the firearms to be owned, but it won’t change the fundamental nature of the state.  If they SCOTUS makes a bad decision, it won’t change the fact that these weapons will still be legal in S.C., N.C., Ga., Miss., La, Tenn, W.V., and on and on the list could go.

In other words, this is all a continuation of the Balkanization of America, with some states racing left, while others pass constitutional carry.

It isn’t policy on firearms that is ripping America apart at the seams.  Firearms is just a symptom, not the cause.


Comments

  1. On April 28, 2022 at 10:47 pm, Frank Clarke said:

    Rule #1 of ‘jurisprudence’ world-wide is that later law trumps earlier law. A law passed today can be repealed by a law passed tomorrow. That’s so straight-forward it almost doesn’t rate putting it down on paper. Then…

    The power to regulate interstate commerce was granted in Article I of the Constitution in 1789. If those powers ever included authority over firearms and other weapons, that authority was revoked in 1791 with the passage of the Second Amendment.

  2. On April 29, 2022 at 12:11 am, Dan said:

    Gun control has nothing to do with guns. It’s about the only thing power hungry politicians want…..power and control. The SCOTUS with the exception of Justice Thomas exists to serve my Fed Gov….the power hungry politicians. Therefore they ignore the Constitution and all relevant history in order to rubber stamp the criminality of those in power. Expect nothing less this time.

  3. On April 29, 2022 at 2:45 am, Bill Buppert said:

    I’d like to point out the obvious: the Constitution doesn’t prevent any Federal over-reach, it was designed to enable it. Hamilton crafted a document that by design created the architecture for unlimited government.

    Not that the 2A is worth the paper it’s printed on. The 2A is a sham to protect weapons ownership. It has no teeth whatsoever. If it did, how could the 1934 NFA, 1938 FFA, the decision in US v. Miller in 1939, 1968 GCA, Nixon’s abortive pogrom against handguns, the 1986 FOPA, Bushevik I’s ban on foreign cosmetically offensive weapons in 1989, the NICs, the AWB and all the way to the conservative zombie Scalia’s Leninist bromide about “dangerous and unusual weapons” stand scrutiny?

  4. On April 29, 2022 at 2:54 am, Hudson H Luce said:

    In reply to Mr Buppert – the Second Amendment enumerates a pre-existing right and is a limitation on the power of government, and is to be enforced by the people, not the government against whom that limitation is asserted.

  5. On April 29, 2022 at 7:46 am, Fred said:

    @Herschel, I disagree that the states will “have to allow the firearms to be owned.” They don’t do it now, especially California. Nobody follows what the SCOTUS says. Nobody in or out of government respects any laws whatsoever and I surly don’t. When the majority disagree by their actions with the general laws of the law, this setup always ends in war. The US governments at all levels are in anarchy, following whatever whims of the moment they may choose, as long as they get that money and power, they don’t care.

    The dollar is already at zero, once it hits absolute zero (the moment everybody notices), the vacuum in power will be stunning. Without the money, our governments collapse. You need friends, hard and reliable friends.

  6. On April 30, 2022 at 12:29 am, Georgiaboy61 said:

    @ Fred

    Re: “The dollar is already at zero, once it hits absolute zero (the moment everybody notices), the vacuum in power will be stunning. Without the money, our governments collapse. You need friends, hard and reliable friends.”

    The globalist elites at the World Economic Forum are in a race with the clock to get their new vision implemented, and your comment about the dollar “going to zero” is a big part of the reason why.

    They and their henchmen may be evil but they can read a balance sheet and the tea leaves as well as anyone. They know that once the gravy train known as the U.S. dollar finally derails after its highly-profitable century or so ride, much of their leverage and control over ordinary people will disappear.

    These self-same “elites” have blown up the biggest asset bubble in human history, and when that thing finally pops, it is going to cause an economic earthquake of epic proportions. Great fortunes will be wiped out in an instant.

    The richest-and-most-powerful oligarchs can’t handle the idea of losing wealth, so they are seeking to rope the great mass of humanity into their digital gulag, where the people will be treated no better than slaves or serfs while their lords-and-masters plunder what little wealth remains. And when artificial intelligence and digitization come far-enough, they will then begin to cull the herd of the “useless eaters.”

    Or at least that’s their plan. They’ve made that quite clear. The good news for humankind is that no plan survives contact with reality, and the “elites” are naive-enough to believe that all five or six billion humans on earth are simply going to walk into the cage and allow them to slam the door. I may or may not be alive to see it, but something tells me it isn’t going to go down that way.

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You are currently reading "Maryland Before The Supreme Court On “Assault Weapons”", entry #30158 on The Captain's Journal.

This article is filed under the category(s) Gun Control,Second Amendment and was published April 28th, 2022 by Herschel Smith.

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