Despite the law, an estimated 10,000 copycat assault weapons had been sold in Massachusetts in 2015. A Massachusetts court struck down that state’s stun gun ban last year, also ruling that banning civilian possession of the weapons violates the U.S. Constitution’s right to bear arms. 2)This ain't "well-regulated" by any definition. I suppose we could have gone all Swallwell on Vietnam and Afghan. At the time of the writing of the Constitution, that meant, with some fiddling around the upper and lower bounds, all males between 16 and 60, Quakers and clergy excepted. The decision, by the Court of Appeals for the First Circut in Boston, once again drives home the point that the Second Amendment does not grant an absolute right to own any sort of gun whatsoever. Gasoline, ethanol, kerosene are made to burn hot. Cars and trucks exist primarily for the purpose of transportation. are not objects or phenomena that exist with the intention of killing people. The right of the people to keep and bear arms shall not be infringed. But I bet you'd be something other than a paragon of cool if youd just been accused of hosting rape parties when you were in high school. In comparison, New Hampshire’s gun death rate was 9.9 per 100,000 people, and the top three worst states for gun deaths in the country — Alaska, Alabama, and Louisiana, all of … If that is the case, is there a compelling reason for the state to apply regulations to certain weapons? Both are devices that ostensibly serve purposes. If you don't like the words of the 2nd Amendment then petition for a new Constitution Amendment that specifically states that the words, "A well regulated militia...." are meaningless. Yet the tools are normally used in very legal activities. ANY firearm can be used to commit mass murder. Yet Healey specifically said it's legal in her enforcement notice. Guns exist to maim and kill. Gasoline, ethanol, kerosene are made to burn hot. It's up to all of us and what we're willing accept as to the point of our guidelines. Now people will just go buy the same rifle with a fixed max, in the exact same capacity (10) until Healy decides she doesn't like that, and changes the rules yet again. Gun Review: Going the Distance with the Kimber Rapide Black Ice 10mm. If you don't the Constitution then, oh well, it is what we are stuck with. I will not accept responsibilities for other people's misbehavior. Does it make it harder? High-velocity weapons like the AR-15 does much, much more damage. Because what is to stop her from taking away the 10 round cap next, and so on. So while he could have just walked into a store and bought a pistol, he would have had more hoops to jump through to obtain an AR15. Typewriters did not exist when the Constitution was written. Now you could argue guns can be used for purposes other than to maim, e.g. In my opinion he violated the Constitution. We can argue that the Commonwealth government has the right to protect its citizens when the federal government abandons protection of the citizenry. The ban applied only to weapons manufactured after the date of the ban's enactment. istan and declared victory but I don't think anybody would have wanted to. Or a gay bar a few years ago. Lastly, I'm pretty sure our AWB is not even close to the only reason we haven't had a mass shooting around here that I can recall. You can kill people in a lot of ways. Once you pass that smell test...it should all be wide open. While some people may have opinions on why the M1911 isn’t an ideal carry choice, I’m going to explain why this is the best option for me. "Well-regulated" here means nothing more than orderly. At issue was Healey's determination that the law let her extend the ban to weapons that were not explicitly mentioned in a state list of forbidden weapons but which her office had determined were basically copies of weapons on the list. Ghetto marksmanship? In logical theory it doesn't make sense you are right. Sledge hammers are also used to break up drywall, stones, etc. The Supreme Judicial Court on Tuesday found the state’s total ban on civilian possession of a stun gun violates the Second Amendment. It comes just two days after a federal judge in Boston declined to overturn a man's gun conviction despite his arguments he had a Second Amendment right to own a gun without a state license - and the ruling upholds a federal judge's decision last year to uphold the Massachusetts list of weaponry that is banned for sale here. BOSTON -- The Massachusetts Supreme Court Tuesday overturned the state’s ban on private ownership of stun guns, ruling they are protected under the Second Amendment’s right to bear arms. .By the way, ending your statement with an ad hominem attack doesn't enhance your credibility. I'm guessing here, but most victims of handgun violence in this state are criminals themselves who wouldn't have been shot if they simply weren't criminals (empirical evidence only there). It is hard to study the history of the Constitution. In the 22-page ruling in Ramirez v. Commonwealth, Chief Justice Ralph Gants said the high court “reluctantly” came to the conclusion that Massachusetts’s blanket prohibition on electronic weapons couldn’t be saved as it was flawed in its wording by the legislature. A gun can be easily equipped with electronics that prevent shooting it. Safety and protection will truly be put ahead of the pleasure and lust for owning devices that exist only to kill. The writers of the Constitution weighed each word. That could meet society's acceptable definition of keeping and bearing arms. Few daily household or home remodeling projects go better with gun in the Massachusetts in 2019 (thank goodness), unless you count nail guns. In Massachusetts in particular, Collins' bill would lift the state ban on many types of assault weapons and large-capacity gun magazines. Or do you have information indicating that he hosted a rape party? It's the murdering that's illegal, not any tool that might facilitate the crime. Scalia was not just a bigot (he hated Gays) but supported the ability to kill. When she announced that, she promptly got sued by a group of gun manufacturers and owners. In referencing the 10the you must agree that the Commonwealth has rights reserved to it. BOSTON -- The Massachusetts Supreme Court Tuesday overturned the state’s ban on private ownership of stun guns, ruling they are protected under the Second Amendment’s right to bear arms. Guns are designed to propel a small projectile at a high speed. Trump is obviously a man who believes that chaos, lies, disruption and pain for others is how he wants the world to spin. (Talking about the design of nail guns or circular saws or other tools that can maim you might be interesting but probably really off-topic). Massachusetts Ban on Most Self‐ Defense Firearms Violates Second Amendment . By the way, how do you define idiot? The answer to this question depends on whether the fit between those interests and the Act is reasonable. Using the term ghetto - as it has come to mean today - indicates a belief that inhabitants of a ghetto are subhuman (that is what NAZIs and Italians believed concerning Jews). If they wanted the 2nd Amendment to mean that each person has a right to own firearms that is what they would have written. How a 80's Colt King Cobra Changed My Mind on Revolvers. Thus, we conclude that the Act does not heavily burden the core Second Amendment right of self-defense within the home. Consequently, we are obliged to cede some degree of deference to the decision of the Massachusetts legislature about how best to regulate the possession and use of the proscribed weapons. Guns are a means of self-defense; simply owning them was never considered a right. Notwithstanding...how is Healey exactly getting away with interpreting a law where the standard for a banned weapon is its configuration and not the interchangeability of its parts with weapons in banned configurations? The Supreme Judicial Court on Tuesday found the state’s total ban on civilian possession of a stun gun violates the Second Amendment. In fact, when asked directly, not one of the plaintiffs or their six experts could identify even a single example of the use of an assault weapon for home self-defense, nor could they identify even a single example of a self-defense episode in which ten or more shots were fired. The fact that Supreme Court judges use poor reasoning and bigotry to base the decisions, and that some of them are men who practice sexual harassment of women, and who exempt themselves from basic laws, anything they declare has to be taken with a ton of salt. The AR15 is not more powerful than other allowed rifles, More deaths in San Diego thanks to the plague of guns. (WWLP) – Assault weapons have been banned in Massachusetts for nearly 20-years, but Attorney General Maura Healey said, that hasn’t stopped the sale of copy-cat assault … The authors of the Constitution couldn't even fathom electricity let alone what "arms" might entail these days. Or maybe you're not. Massachusetts court overturns state stun gun ban :: 04/18/2018. 1) And yet, here are three real-life examples not drawn from a Heinlein novel, two in living memory. But will you accept personal responsibility when people who are not idiots acquire guns and use them to kill others? Technically that wasn't in the home, so the needle is very narrow indeed. If you want to debate the first phrase then hop on a time machine and go back a couple of hundred years. Ramirez, a passenger in the vehicle, was found to have a stun gun in his pants pocket, which lead in part to his arrest and a charge for violating the Commonwealth’s electrical weapon laws. The words are there. Yet there are facts and not alternative facts. I just get annoyed by the somewhat poor rephrasing of an argument that news "commentators" (and heck the fox in Zootopia, I suppose - "always respond with a question and then answer THAT question") often use. You can't hug your children with nuclear arms. We spent six months and turned the corner of the recommend break-in round count on the striking Kimber Rapide Black Ice in 10mm Auto and have some things to report. While one or two examples where a weapon of mass destruction may have stopped a robbery, those few examples pale in comparison to the mass murders caused by high powered death devices. In its opinion, the appeals court said the ban, which Attorney General Maura Healey moved to widen in 2016, is acceptable under the Supreme Court's Heller decision, which explicitly stated for the first time that Americans have the right to own guns, but which also said states could place reasonable restrictions on them: The Court added that the Second Amendment does not confer "a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.". It is, therefore, not surprising that AR-15s equipped with LCMs have been the weapons of choice in many of the deadliest mass shootings in recent history, including horrific events in Pittsburgh (2018), Parkland (2018), Las Vegas (2017), Sutherland Springs (2017), Orlando (2016), Newtown (2012), and Aurora (2012). They drill regularly, and can apparently hit what they're aiming at. If you have a right to speech and press, but no right to own a typewriter then you have no right. The founders wanted the American people to have that power as a check on foreign aggression and domestic tyranny. It was not the painfully tortured 2nd Amendment which could have been written as a direct statement of a right - if that was the desire of the writers. Guns are designed to propel a small projectile at a high speed. Assault rifles will be banned. Although there is NO justification for owing guns that can easily be used to commit mass murder. What is more, it strains credulity to argue that the fit between the Act and the asserted governmental interest is unreasonable. And the supremacy clause. All Rights Reserved, Massachusetts court overturns state stun gun ban. It expired on September 13, 2004, in accordance with its sunset provision. And the 14th Amendment. Handguns vs. AR-15, Roman. The first clause merely explains the reasoning for the second. LCMs [large-capacity magazines] exacerbate this danger, allowing the shooter to fire more bullets without stopping to reload. Each human being shifts between good and bad. Reread the 2nd Amendment. Google "cavitation". Your rights are not circumscribed by the 1st Amendment or the 2nd or any of them. Here, we find that even if the Act implicates the core of the Second Amendment right, it (at most) minimally burdens that right. Read it again. Society has defined it as not being infringement in the same way that owning a fully automatic weapon isn't infringement. Or a synagogue last year. The Mini-14 is capable of inflicting the same damage by virtue of firing the same bullet through the same length barrel. They fail because knives, fire, etc. How would I define an idiot? That would include a variety of regulations to prevent the many accidental deaths due to fire arms. They are written down. Otherwise playing games with words just creates lies. With lawmakers in Massachusetts now under a ticking clock to recast the Commonwealth’s electronic weapon laws, Senate President Harriette Chandler and House Speaker Robert DeLeo are both reportedly working on legislative fixes. The Massachusetts assault weapons ban mirrors the federal ban Congress allowed to expire in 2004. Gould, 907 F.3d at 673. Or the state legislature can clarify what it means by 'copies or duplicates' and thread an even narrower needle since any semiautomatic rifle (of which there are many) can be modified to have enough banned features to be illegal under the two-feature test in the 1994 federal AWB and the 1998 Massachusetts AWB. If you choose to direct any of these tools to the task of harming your fellow man, then you are thr one who has committed an offense. You can add a lot of things before "The right of the people to keep and bear arms shall not be infringed.". Again with the paranoia. 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