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Thread: 7th US Circuit Court rules AR 15 rifles not protected by 2nd Amendment

  1. #1

    7th US Circuit Court rules AR 15 rifles not protected by 2nd Amendment

    7th Circuit: AR-15s Not Protected by Second Amendment

    https://www.breitbart.com/2nd-amendm...ond-amendment/

    AWR HAWKINS 4 Nov 2023

    On Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit overturned an injunction against Illinois’ “assault weapons” ban, deciding that AR-15s are not protected by the Second Amendment.

    The preliminary injunction was issued in Barnett v. Raoul by U.S. District Judge Stephen P. McGlynn, a Donald Trump appointee.

    McGlynn’s decision was appealed to the Seventh Circuit, where a three-judge panel decided 2 to 1 against the injunction.

    The three judges were Ronald Reagan appointee Frank Easterbook, Bill Clinton appointee Diane P. Wood, and Donald Trump appointee Michael P. Brennan.

    Easterbrook and Wood constituted the panel majority in overturning the injunction. They noted that Heller (2008) held, “[l]ike most rights, the right secured by the Second Amendment is not unlimited.”

    They went on to note that in Heller, the Supreme Court of the United States found that machine guns were not protected under the Second Amendment because they were not “bearable” arms, and that is “because they can be dedicated exclusively to military use.”

    Easterbrook and Wood then focused on similarities they found between AR-15s and M16s, the latter of which can be fired in full-auto or three-round burst modes. They wrote:

    The similarity between the AR-15 and the M16 only increases when we take into account how easy it is to modify the AR-15 by adding a “bump stock” (as the shooter in the 2017 Las Vegas event had done) or auto-sear to it, thereby making it, in essence, a fully automatic weapon. In a decision addressing a ban on bump stocks enacted by the Maryland legislature, another federal court found that bump-stock devices enable “rates of fire between 400 to 800 rounds per minute.”

    They also noted that both guns use the same ammunition and “deliver the same kinetic energy.”

    Judge Brennan dissented from the majority decision, stressing that the Illinois “assault weapons” ban fails if tested by Bruen (2022) because the ban has no historical precedent in American tradition.

    Brennan wrote: “Because the banned firearms and magazines warrant constitutional protection, and the government parties have failed to meet their burden to show that their bans are part of the history and tradition of firearms regulation, preliminary injunctions are justified against enforcement of the challenged laws.”

    The case is Barnett v. Raoul, No. 23-1353 in the United States Court of Appeals for the Seventh Circuit.
    Last edited by Anti Federalist; 11-04-2023 at 04:20 PM.
    “It is not true that all creeds and cultures are equally assimilable in a First World nation born of England, Christianity, and Western civilization. Race, faith, ethnicity and history leave genetic fingerprints no ‘proposition nation’ can erase." -- Pat Buchanan



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  3. #2
    What the hell is a "bearable" arm?

    I'm not that knowledgeable on the Supreme Court but it seems likely that this will make it there and what happens there I honestly don't even know.
    The enemy of my enemy may be worse than my enemy.

    I do not suffer from Trump Rearrangement Syndrome. Sorry if that triggers you.

  4. #3
    Good chance this works the opposite of what Ilinois wants in the end. If/when it makes it scotus they will probably rule that "assault" weapon bans fail the Bruen test and that will end them all nationwide.

  5. #4
    Judges are some of the dumbest people sometimes.
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  6. #5
    they don't even know what a woman is...
    FLIP THOSE FLAGS, THE NATION IS IN DISTRESS!


    why I should worship the state (who apparently is the only party that can possess guns without question).
    The state's only purpose is to kill and control. Why do you worship it? - Sola_Fide

    Baptiste said.
    At which point will Americans realize that creating an unaccountable institution that is able to pass its liability on to tax-payers is immoral and attracts sociopaths?

  7. #6
    Quote Originally Posted by dannno View Post
    Judges are some of the dumbest people sometimes.
    This isn't a case of judges being dumb. It's a case of judges being complete as​sholes.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  8. #7
    Quote Originally Posted by Anti-Neocon View Post
    What the hell is a "bearable" arm?

    I'm not that knowledgeable on the Supreme Court but it seems likely that this will make it there and what happens there I honestly don't even know.
    According to Democrats the only bearable arms should be the guns that were used in the Revolutionary War. Modern day weapons in their view should not be permitted to be owned by the people. Or they'll say the 2A should be abolished and nobody should own guns.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  9. #8
    Quote Originally Posted by Anti Globalist View Post
    According to Democrats the only bearable arms should be the guns that were used in the Revolutionary War. Modern day weapons in their view should not be permitted to be owned by the people. Or they'll say the 2A should be abolished and nobody should own guns.
    By that logic I can own and use a cannon for home defense right?



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  11. #9
    Quote Originally Posted by Anti Globalist View Post
    According to Democrats the only bearable arms should be the guns that were used in the Revolutionary War. Modern day weapons in their view should not be permitted to be owned by the people. Or they'll say the 2A should be abolished and nobody should own guns.
    Except the State, of course.
    "And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works." - Bastiat

    "It is difficult to free fools from the chains they revere." - Voltaire

  12. #10
    7th US Jerkuit Court of Schlemiels.
    "Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
    "Beware the Military-Industrial-Financial-Pharma-Corporate-Internet-Media-Government Complex." - B4L update of General Dwight D. Eisenhower
    "Debt is the drug, Wall St. Banksters are the dealers, and politicians are the addicts." - B4L
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    Proponent of real science.
    The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.

  13. #11
    The Bastiat Collection · FREE PDF · FREE EPUB · PAPER
    Frédéric Bastiat (1801-1850)

    • "When law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law."
      -- The Law (p. 54)
    • "Government is that great fiction, through which everybody endeavors to live at the expense of everybody else."
      -- Government (p. 99)
    • "[W]ar is always begun in the interest of the few, and at the expense of the many."
      -- Economic Sophisms - Second Series (p. 312)
    • "There are two principles that can never be reconciled - Liberty and Constraint."
      -- Harmonies of Political Economy - Book One (p. 447)

    · tu ne cede malis sed contra audentior ito ·

  14. #12
    BREAKING 2A NEWS: AR-15 BAN UPHELD BY TERRIBLE FEDERAL APPEALS JUDGES IN LEGALLY FLAWED OPINION
    https://www.youtube.com/watch?v=UrYwf3q_QfA
    {The Four Boxes Diner | 04 October 2023}

    The US Court of Appeals for the Seventh Circuit in a 2-1 decision found Illinois's semi-automatic rifle and magazine bans to be constitutional under the 2nd Amendment in a terribly sloppy and legally flawed opinion by Judge Wood and Judge Easterbrook. Mark Smith Four Boxes Diner breaks it down.


  15. #13
    These are not judges. They are political activists.
    "Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
    "Beware the Military-Industrial-Financial-Pharma-Corporate-Internet-Media-Government Complex." - B4L update of General Dwight D. Eisenhower
    "Debt is the drug, Wall St. Banksters are the dealers, and politicians are the addicts." - B4L
    "Totally free immigration? I've never taken that position. I believe in national sovereignty." - Ron Paul

    Proponent of real science.
    The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.

  16. #14
    ...

    Quote Originally Posted by Brian4Liberty View Post
    Schumer has been busy...
    Quote Originally Posted by Brian4Liberty View Post
    Like every other institution the left has infiltrated and co-opted. Their only principle is BAMN, so by definition, they are anti-justice and opposed to rule of law. Quite ironic for a judicial system.

    Schumer recently bragged that his near term goal is to force through as many judicial nominations as possible.
    "Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
    "Beware the Military-Industrial-Financial-Pharma-Corporate-Internet-Media-Government Complex." - B4L update of General Dwight D. Eisenhower
    "Debt is the drug, Wall St. Banksters are the dealers, and politicians are the addicts." - B4L
    "Totally free immigration? I've never taken that position. I believe in national sovereignty." - Ron Paul

    Proponent of real science.
    The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.

  17. #15
    AR-15
    "When Sombart says: "Capitalism is born from the money-loan", I should like to add to this: Capitalism actually exists only in the money-loan;" - Theodor Fritsch

  18. #16
    My guess is they would fall back on the many knife regulations throughout history and going on today to justify curbing people’s freedom to own firearms. I’m not going to recap everything here (I’m on mobile and therefore only have limited features), but these two sites stood out to me regarding this rabbit hole:

    https://dailyknifeslice.com/ballisti...s-legislation/

    https://www.akti.org/state-knife-laws/



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  20. #17
    Ive nearly decided that a .223 isnt longer viable for me . Going to need much bigger.
    Do something Danke

  21. #18
    Quote Originally Posted by A. Havnes View Post
    My guess is they would fall back on the many knife regulations throughout history and going on today to justify curbing people’s freedom to own firearms. I’m not going to recap everything here (I’m on mobile and therefore only have limited features), but these two sites stood out to me regarding this rabbit hole:

    https://dailyknifeslice.com/ballisti...s-legislation/

    https://www.akti.org/state-knife-laws/
    They're trying that in the 9th circuit. It isn't working out for them (so far).

    Newsom even pissed and moaned about comparing "assault" weapons to knives.

    But it was his own state's AG who invoked the comparison (to try to get around Bruen).




  22. #19

  23. #20
    Quote Originally Posted by Occam's Banana View Post
    [...]

    RE: Harrel v. Raoul (Illinois "assault weapon" & standard magazine bans)
    //

  24. #21
    Quote Originally Posted by Anti-Neocon View Post
    What the hell is a "bearable" arm?

    I'm not that knowledgeable on the Supreme Court but it seems likely that this will make it there and what happens there I honestly don't even know.
    This looks pretty bearable to me.

    9/11 Thermate experiments

    Winston Churchhill on why the U.S. should have stayed OUT of World War I

    "I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"

    "We as a country have lost faith and confidence in freedom." -- Ron Paul

    "It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
    Quote Originally Posted by Brian4Liberty View Post
    The road to hell is paved with good intentions. No need to make it a superhighway.
    Quote Originally Posted by osan View Post
    The only way I see Trump as likely to affect any real change would be through martial law, and that has zero chances of success without strong buy-in by the JCS at the very minimum.



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