Fourth Circuit Second Amendment Subversion Highlights Critical Need to Vet Judges

Here’s an outcome the robed betrayers haven’t factored into their subversive rulings. [Via Matthew Bracken]

On Tuesday, the United States Court Of Appeals for the Fourth Circuit, in the matter of Kolbe v. Hogan, upheld Maryland’s so-called “assault weapon” ban. The divided decision dashes hopes raised last year when a three judge panel ruled the doctrine of “strict scrutiny” should apply in determining if edicts like the Orwellian-named Maryland Firearm Safety Act violated presumed Bill of Rights protections.

As noted in an Oath Keepers analysis at the time, that still left open the question of how courts would interpret the “legal” benchmark for weapons designated “in common use at the time.” What’s clear from the en banc ruling is the dominant thought on the Fourth Circuit repudiates reality by denying the function of the militia, to field citizen soldiers bearing “ordinary military equipment” intended to be taken into “common defense” battles.

The court contorted that, denying such weaponry is protected, and further, “even if the banned assault weapons and large-capacity magazines are somehow entitled to Second Amendment protection — the district court properly subjected the FSA to intermediate scrutiny [levels of scrutiny explained -DC] and correctly upheld it as constitutional under that standard of review.”

You can read about the decision all over the place. Pro-gunners are decrying it. Gun-grabbers are in-your-face rejoicing. No amount of punditry or quoting the Founders is going to change things. What’s needed is a Supreme Court ruling, and they could side with Maryland or just let everything stand by doing nothing, that is, by not hearing the case and letting the Fourth’s decision stand.

So what can we do to increase the odds of a favorable outcome?

For now, we need to be holding our Senator’s feet to the fire on who they vote to confirm.

Let’s look at the Kolbe judges, specifically at the ones who evidently believe the Second Amendment has nothing to do with “the security of a free State.” From the decision:

Judge King wrote the opinion for the en banc majority, in which Chief Judge Gregory and Judges Wilkinson, Motz, Keenan, Wynn, Floyd, Thacker, and Harris joined in full; Judge Diaz joined in part as to the Second Amendment claims and joined as to the Fourteenth Amendment equal protection and due process claims; and Judges Niemeyer, Shedd, and Agee joined as to the Fourteenth Amendment claims only. Judge Wilkinson wrote a concurring opinion, in which Judge Wynn joined. Judge Diaz wrote an opinion concurring in part and concurring in the judgment as to the Second Amendment claims. Judge Traxler wrote a dissenting opinion as to the Second Amendment claims, in which Judges Niemeyer, Shedd, and Agee joined. Judge Traxler also wrote an opinion dissenting as to the Fourteenth Amendment equal protection claim and concurring in the judgment as to the Fourteenth Amendment due process claim.

Now, focusing on the anti-2A contingent, let’s look at who appointed the robed oath-breakers, and who supported their confirmation.  Of significance: Republicans participated in it all, and one of the most vocal opponents of an individual rights “interpretation” of the Second Amendment is Ronald Reagan appointee J. Harvie Wilkinson, who took SCOTUS to task for confirming that truth.

That brings us to another nominee currently under consideration for the Supreme Court, Neil Gorsuch. Evidently saying “the Second Amendment … may not be infringed lightly” is enough for all the national gun groups to declare this guy the Second Coming of Scalia. What they won’t answer – because they can’t – is “Why?” There are plenty of competing interests in his personal background that raise flags and due diligence scrutiny, but instead concerns are not just being dismissed – they’re being ignored. We’re expected to just trust the Republicans to do the right thing — like they did for (to) us with William Brennan, Earl Warren, Warren Burger, David Souter…

If and when the Supreme Court hears Kolbe, will it be a crapshoot?

No one expects the Senate Judiciary Committee to try and pin Gorsuch down on specifics of cases he’s likely to hear.  That said, there’s no rule against asking about understanding and principle, and it’s not expecting too much for those taking their “advice and consent” role seriously to pose some pointed questions on just what he thinks the Founders meant in the Second Amendment. And requiring unequivocal responses under oath.

What other job lets candidates play coy with how they intend to follow the rules, and then hires them?

With Trump, we’ve been given a rare opportunity to shape the future direction of the high court and subordinate federal courts for years to come.  He would not have been elected without strong conservative and gun owner support, and that was given because he promised things were not going to be business as usual.

Now is no time to be applying rubber stamps only to find we’ve been sold (yet another) bill of goods. If the Supreme Court ends up saying we have no right to keep and bear arms of the type needed to defend Liberty, good people are going to end up experiencing things a lot more painful than buyer’s remorse.

—–

If you believe in the mission of Oath Keepers, to defend the Constitution against all enemies, foreign and domestic, please consider making a donation to support our work.  You can donate HERE.

AR-15s ‘Not Protected’ By 2nd Amendment & Can Be Banned, Court Rules

Image source: Wikimedia

RICHMOND, Va. — The U.S. Fourth Circuit Court of Appeals ignored precedent and the Constitution in ruling this week that semi-automatic weapons don’t have Second Amendment protections, critics say.

In a 10-4 decision upholding Maryland’s ban on certain semi-automatic firearms, the judges went further than previous courts have in ruling that “assault weapons and large-capacity magazines are not protected by the Second Amendment.”

The Maryland law, passed after a mass shooting, was called the Firearms Safety Act (FSA) of 2013, and it banned AR-15s and most magazine-fed semi-automatic rifles.

Second Amendment advocates and firearms dealers challenged the law in a case called Kolbe vs. Maryland.

Judge William B. Traxler Jr. wrote in a dissent that the Fourth Circuit has “gone to greater lengths than any other court to eviscerate the constitutionally guaranteed right to keep and bear arms.”

Be Prepared. Learn The Best Ways To Hide Your Guns.

The majority ruled that the U.S. Supreme Court’s Heller decision, which dealt with handgun ownership and the right to self-defense, has no impact on semi-automatic rifles.

“We have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage,” Judge Robert B. King wrote in the majority opinion.

King’s opinion mentioned the mass shootings in San Bernardino, Newtown and Orlando. Maryland state legislators, he wrote, were justified in banning weapons with magazines that hold more than 10 rounds.

Such weapons “enable shooters to inflict mass casualties while depriving victims and law enforcement officers of opportunities to escape or overwhelm the shooters while they reload their weapons,” King wrote.

Traxler disagreed, noting that such weapons are not “dangerous or unusual” and are used by millions of law-abiding citizens.

“As long as the weapon chosen is one commonly possessed by the American people for lawful purposes — and the rifles at issue here most certainly are,” Traxler wrote, “the state has very little say about whether its citizens should keep it in their homes for protection.”

Both King and Traxler were nominated by President Bill Clinton.

Three other judges — Paul V. Niemeyer, Dennis W. Shedd and G. Steven Agee — joined Traxler in the dissent.

The National Rifle Association’s Institute for Legislative Action (NRA-ILA) called it an “outrageous decision.”

“If, as the Fourth Circuit suggests, a firearm loses Second Amendment protection because it is specifically designed for ‘killing or disabling the enemy,’ then the whole idea of the Second Amendment protecting a defensive purpose (or applying to any well-designed firearm, for that matter) collapses. Handguns, rifles, and shotguns of any type can be equally ‘dangerous,’” the NRA-ILA wrote.

Maryland’s law is similar to bans in California, New York, New Jersey, Connecticut and other states, The Washington Post noted.

The decision could be appealed to the Supreme Court.

What is your reaction to the decision? Share your thoughts in the section below:

Learn How To Make Your Own Ammo! Read More Here.