Federal Appeals Court Upholds Assault Weapons Ban.

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  • JBP55

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    Federal Appeals Court Upholds Ban on Assault Weapons, Large-Capacity Magazines



    Inspector general finds Comey memos violated policy, but he won't be…

    A federal appeals court on Thursday upheld a county-wide ban on assault weapons and limits on magazine capacity. The three-judge panel rendered a unanimous opinion for the court, including the assent of Trump appointee Judge Amy Joan St. Eve.

    © AFP Contributor/Getty Assault rifles hang on the wall for sale at a shooting range in Virginia on October 6, 2017.
    The U.S. Court of Appeals for the Seventh Circuit found that two Cook County, Illinois residents who sought to challenge these restrictions came "forward with no reason — much less a compelling one," to revisit the court's own precedent establishing such rules as constitutional.

    A U.S. District Court judge dismissed the lawsuit last year, and the three-judge panel upheld that ruling on Thursday.

    In 2006, Cook County enacted the Blair Holt Assault Weapons Ban, which fined residents up to $10,000 and allowed for six months imprisonment if they were found to possess an assault weapon or large-capacity magazine. Over a decade later, two county residents filed an action in federal court, after years of litigation at the state level, challenging the rules as unconstitutional.
    The defendants could ask the judges to rehear the case or call for a full complement of Seventh Circuit judges to reconsider Thursday's decision.

    Eric Tirschwell, the managing director of the gun violence prevention group Everytown Law, reaffirmed the decision in a statement to Newsweek.
    "As the court recognized, states have broad authority to pass public safety laws to protect their citizens, including laws prohibiting assault weapons and large-capacity ammunition magazines," he said.
    A similar dispute is playing out in California, where a gun-rights group is suing to block the state's assault weapons ban. The action was filed in the same court where a federal judge invalidated California's ban on large-capacity magazines, using some of the underlying reasoning in that case to support their challenge.

    Thursday's decision looms large over both gun-rights supporters and gun violence prevention advocates, who are both keeping watch on Capitol Hill as Congress reconvenes and considers new federal gun control legislation.

    While none of the bipartisan proposals under consideration involve banning assault weapons or large-capacity magazines, the National Rifle Association has vowed to fight the prospective restrictions, recently deciding to relocate its upcoming board meeting to D.C. at a cost of $100,000 in order to influence the legislative process.
    The two main vehicles that have earned support from both sides of the aisle are measures expanding background checks for gun purchasers and a bill that would encourage states to adopt so-called "red flag" laws. Red flag laws allow for courts to order the temporary confiscation of a gun owner's firearm if it is believed that the weapon will imminently be used to cause harm.
    Expanded background checks have shown moderate effectiveness in several studies analyzing their impact on gun violence, though they have the support of an overwhelming proportion of the public, including a majority of NRA members.
     
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    El Pozzinator

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    This kind of knee-jerk reaction crap is exactly why the founders set up our government at a triad of branches to slow and check each other against the constitution. The wheels of government grind slowly when opposition in other branches inhibits progress. Occasionally (and rarely) this is a bad thing - such as the woefully inadequate disaster response to things like Katrina, the 2016 flooding, Isaac flooding in the northeast way back, or the fallout from Sandy. But mostly it forces the branches to slow down so the people have a chance to digest and oppose the often convoluted shady-room machinations they’re trying to perpetrate upon the people.

    Sadly our government is acting like a business — as though its sole purpose is to grow, absorb market share, and increase influence over its customer base.

    Our best defense continues to be the voting booth, certified mail, and the telephone. They can only ignore the mail and the phone so long before they end up getting voted out of a job, hopefully in favor of someone who’ll actually do the job properly. Sadly, too many jurisdictions are ok with the “lie, cheat, and steal” mentality of legally invalid election results being upheld and recorded as legitimate. And this is the kind of crap we get when there are routinely over 100% voter turnout rates in a given district.

    But what the heck do I know? I just help clean up the messes in one of those types of areas.


    Sent from my iPhone using Tapatalk
     

    Bangswitch

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    Yep we’re in big trouble, but honestly though this doesn’t necessarily change much in my mind the Brady bill was allowed to stand. So have all the individual state regulations that in some states stop short of outlawing the 2A completely. I had little hope pretty much any Federal Appeals Court would stand up for the 2A.

    Edit because I had a stuck on stupid moment.
     
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    RaleighReloader

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    Yep we’re in big trouble, but honestly though this doesn’t necessarily change much in my mind the Brady bill was allowed to stand. So have all the individual state regulations that in some states stop short of outlawing the 2A completely. I had little hope SCOTUS would stand up for the 2A.

    This decision was at the federal appeals court level. SCOTUS is the next step (if they choose to appeal it).

    Let Chicago ban "assault weapons." One more reason not to live in that mediocre place.

    Mike
     

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