April 10, 2018

Federal Judge Upholds Massachussetts Ban on Second Amendment

Timothy Birdnow

Americans no longer have the right to keep and bear arms, according to a federal judge who has ruled that a Massachussetts ban on AR-15 semiautomatic rifles will be allowed to stand.

According to Reuters U.S. District Judge William Young in Boston ruled that the Second Amendment right to keep and bear arms only applies to approved weaponry and not to firearms with high capacity magazines.

The Judge wrote in his opinion:
"In the absence of federal legislation, Massachusetts is free to ban these weapons and large capacity magazines,”

Strange; I thought the Constitution trumped state and federal law.

Here's how Judge Young twisted to avoid that particular trap:

"Yet the AR-15’s present-day popularity is not constitutionally material, This is because the words of our Constitution are not mutable. They mean the same today as they did 227 years ago when the Second Amendment was adopted.”

???????

It seems that because the AR 15 wasn't around in 1783 it is not protected - as far as this Judge is concerned.

This is classic liberalism; twist and squirm until you manage to squeeze the law into the shape you wish. The fact is the right to bear arms has it's own Constitutional amendment, does not share an amendment as does the right to free speech or the press or whatnot. And the intent is crystal clear; it is not about hunting or self defense so much as about defending against the governmeent, which is precisely why they put the caveat at the beginning "a well regulated militaa" part. If the government would have physical power than the People had to balance that out with power of their own. They had, after all, just fought a war with the most powerful nation on Earth and won, primarily because they had plenty of weapons. That lesson was not lost on the Founding Fathers.

But it's profoundly lost on liberal activist judges, who twist the meaning of the plain language of the Constitution to suit them.

State Attorney General Maura Healey tried to muddy the waters by dishonestly claiming gun bans save lives. The fact is, Healey had nothing to back that up. In reality, we don't know how many lives are lost to gun bans, whereby individuals cannot defend themselves because people like Healey and Young have disarmed them. An AR 15 is a terrific defensive weapon, one well suited to chase off a criminal armed with a saturday night special. But that is neither here nor there; if liberals want to ban firearms they need to take it up with the U.S. Constitution. There are mechanisms for amending that document. But liberals never follow the rules, because they want what they want and will cheat to get it. They know they can't possibly get an amendment overturning the Second amendment, so they backdoor this stuff.

How would they react if, say, President Trump banned the mainstream media from Washington D.C.? They would be enraged, citing the First Amendment. But they are happy to enfringe the Second.

If the news media has a right to promulgate fake news, why do they think Americans don't have the right to keep and bear the arms of their choice? The Left picks and chooses the "news" they want to cover all the time.

Judge Young is a Harvard-educated jurist (surprise, surprise) and was a lecturer at Boston College Law School, and Later Boston University. Sadly, he was appointed by Ronald Reagan to his current post in 1985. He joins John Paul Stevens in his sclerotic, senile view of how the Constitutiion works, apparently. (Some of Reagan's appointments were quite bad, such as Sandra Day O'Connor, but were done to get past a Democrat-controlled Senate, which by 1986 was the case.)

Posted by: Timothy Birdnow at 08:07 AM | No Comments | Add Comment
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