@oralloy,
oralloy wrote:
sceletera wrote:This rifle would not have been banned under most assault weapons laws since it didn't meet the legal definition under the law. If you want to make a case that it would be Constitutional to ban it, go ahead. That is the only LEGAL case you are making.
I suspect that he is making a different legal case whether you like it or not.
What you suspect and what the actual legal argument is are two completely different things.
It is Constitutional to ban assault weapons. The courts have repeatedly ruled that.
http://caselaw.findlaw.com/us-2nd-circuit/1716013.html
http://www.ca4.uscourts.gov/Opinions/Published/141945A.P.pdf
If someone wants to argue a gun is essentially the same as what has been described by law as an assault weapon then they are making an argument that such a weapon could also be banned. They are not making a legal argument that assault weapons can't be banned since that legal question has been answered.
@sceletera,
This has got to be one of the most stretched and twisted reasoning I can think of to ban something. They don't like them, plain and simple. They should be honest and just say that, no one who actually shoots guns and who understands them will buy this rhetoric, this is the give away to the anti-gun leftists in the US.
@Baldimo,
You may think that but the courts say otherwise.
http://www.ca4.uscourts.gov/Opinions/141945A.P.pdf
Quote:The judgment made by the General Assembly of Maryland in
enacting the FSA is precisely the type of judgment that
legislatures are allowed to make without second-guessing by a
court. That is, “it is the legislature’s job, not ours, to
weigh conflicting evidence and make policy judgments.” See
Woollard, 712 F.3d at 881 (quoting Kachalsky v. Cty. of
Westchester, 701 F.3d 81, 99 (2d Cir. 2012)). And, “we must
‘accord substantial deference to the predictive judgments of
[the legislature].’” See Satellite Broad. & Commc’ns Ass’n v.
FCC, 275 F.3d 337, 356 (4th Cir. 2001) (quoting Turner Broad.
Sys., Inc. v. FCC, 512 U.S. 622, 666 (1994) (“Turner I”)). Our
obligation is simply “to assure that, in formulating its
judgments, [the legislature] has drawn reasonable inferences
based on substantial evidence.” See Turner I, 512 U.S. at 666;
accord Turner Broad. Sys., Inc. v. FCC, 520 U.S. 180, 195 (1997)
(“Turner II”)
http://www.ca4.uscourts.gov/Opinions/141945A.P.pdf
Legislatures reach all kinds of conclusions that one group or another find ridiculous. If you want to see some twisted and stretched reasoning look at abortion legislation and voter ID laws. (In abortion legislation they often ignore actual science and voter ID laws will make claims not supported by any facts.) One can at least make the reasonable argument that an AR-15 shares many characteristics of an M16 which makes them "like" each other. The court lays those out in the Maryland case. You can disagree with their conclusion but one can hardly call it twisted reasoning unless you completely ignore all the similarities they cite.
@sceletera,
sceletera wrote:You can keep repeating that all you want.
Thank you. I will indeed continue to post facts that you have no answer to.
sceletera wrote:I will rely on the full text of the Constitution and the courts that are tasked with interpreting it and whether laws as written are constitutional.
Not really. You've openly stated that you are not citing these rulings as backing for your position.
sceletera wrote:The simple fact is that the 1994 assault weapons ban was never ruled unconstitutional.
Unfortunately for you, we aren't playing Trivial Pursuit here. Your idle trivia is kind of pointless in the context of the discussion.
@sceletera,
sceletera wrote:oralloy wrote:You've openly stated that these court rulings are not being offered as backing for your arguments.
Where an when did I do that?
"the argument is not that I am right because the courts agree with me."
https://able2know.org/topic/131081-79#post-6608860
sceletera wrote:Note: oralloy will be unable to provide any evidence of me making such a claim.
"the argument is not that I am right because the courts agree with me."
https://able2know.org/topic/131081-79#post-6608860
sceletera wrote:He has simply come up with what he thinks is a clever way to ignore court rulings that show his opinion to be wrong under the law.
The court rulings show no such thing. They are not even being offered in the context of the discussion here.
@sceletera,
sceletera wrote:oralloy wrote:sceletera wrote:This appears to be a variant of an AR-15. As such it can be banned without violating the US Constitution.
That is incorrect. The lack of any good reason to ban it makes such a ban unconstitutional.
Your statement is nonsense.
That is incorrect. It is a standard rule that laws are only allowed to restrict a Constitutional right if the restriction can be justified with a good reason.
sceletera wrote:This is from the 4th circuit ruling.
If you want to do idle trivia, a2k has a number of active word game threads.
@sceletera,
sceletera wrote:What you suspect and what the actual legal argument is are two completely different things.
Very true. I strongly suspect that I know what point McGentrix is making. But I'm not going to presume to speak for him and proclaim to the board what argument he is making. He speaks for himself quite ably.
Still, I strongly suspect that he is making a legal argument that is quite different from the one that you wrongly stated is the only one possible.
sceletera wrote:It is Constitutional to ban assault weapons.
That is incorrect. The lack of any good reason for such a ban makes it unconstitutional.
sceletera wrote:The courts have repeatedly ruled that.
The Trivial Pursuit board is a few doors down.
sceletera wrote:If someone wants to argue a gun is essentially the same as what has been described by law as an assault weapon then they are making an argument that such a weapon could also be banned.
No. The lack of any good reason to ban such a gun makes such a ban unconstitutional.
sceletera wrote:They are not making a legal argument that assault weapons can't be banned since that legal question has been answered.
That is incorrect. People who point out that there is no justification for banning assault weapons are indeed making a legal argument that they cannot be banned.
@oralloy,
oralloy wrote:I'll be away all day tomorrow doing something interesting. Barring my being crushed under a collapsing bridge or similar misfortune, I'll be back on-line sometime on Sunday.
Well....
A local college (relatively local -- when you live in the middle of nowhere it can be a long drive to anywhere) set up a charter bus trip for their students to visit the museums in downtown Chicago for the afternoon. They filled in unused seats on the bus by offering them to the general public, and I bought a ticket.
I spent this afternoon looking at paintings at the Art Institute.
I didn't bother to notice that it was St. Patrick's Day today.
If you saw the lone guy in the surging crowd of a million people dressed in leprechaun outfits in downtown Chicago today who
wasn't wearing any green at all, that was me.
@oralloy,
Your "facts" are not facts at all. They are nothing but your uniformed opinion. I will rely on court rulings for reaching my conclusions since it is the courts that decide Constitutionality.
Quote:Unfortunately for you, we aren't playing Trivial Pursuit here. Your idle trivia is kind of pointless in the context of the discussion.
Court rulings are hardly idle trivia. Your insistence that court rulings that state a ban on assault weapons is constitutional is trivia shows your lack of understanding of how the law and the Constitution actually work.
From the Second Appeals court.
Quote:To summarize, we hold as follows:
(1) The core prohibitions by New York and Connecticut of assault weapons and large-capacity magazines do not violate the Second Amendment.
The Supreme Court refused to take up the case in 2016, making the Appeals court ruling the final word on the matter in the 2nd district.
@oralloy,
Perhaps you should use the entire sentence which gives the phrase a much different meaning.
I did not say that the court rulings don't support my arguments. I said my argument is not a logical fallacy because I am not simply claiming I am right because the courts have the same opinion I do.
Quote:The court rulings show no such thing. They are not even being offered in the context of the discussion here.
You seem to be in denial of reality as well as facts.
@oralloy,
Quote:That is incorrect. It is a standard rule that laws are only allowed to restrict a Constitutional right if the restriction can be justified with a good reason.
And where pray tell did you get this standard rule? Please provide a source. Otherwise you are simply resorting to an ipse dixit.
@oralloy,
oralloy wrote:
sceletera wrote:It is Constitutional to ban assault weapons.
That is incorrect. The lack of any good reason for such a ban makes it unconstitutional.
The courts have consistently disagreed with you. Their arguments are not only persuasive but also carry the rule of law.
HELLER v. DISTRICT OF COLUMBIA (This is not the handgun case. You may want to read it before you make any claims.)
https://www.leagle.com/decision/infco20111004176
Quote:We hold the District had the authority under D.C. law to promulgate the challenged gun laws, and we uphold as constitutional the prohibitions of assault weapons and of large-capacity magazines and some of the registration requirements.
NEW YORK STATE RIFLE AND PISTOL ASSOCIATION INC LLC v. Gerald J. Gill
Quote:We hold that the core provisions of the New York and Connecticut laws prohibiting possession of semiautomatic assault weapons and large-capacity magazines do not violate the Second Amendment,
http://caselaw.findlaw.com/us-2nd-circuit/1716013.html
Kobe v Hogan
Quote:We conclude — contrary to the now vacated
decision of our prior panel — that the banned assault
weapons and large-capacity magazines are not protected by the
Second Amendment. That is, we are convinced that the banned
assault weapons and large-capacity magazines are among those
arms that are “like” “M-16 rifles” — “weapons that are most
useful in military service” — which the Heller Court singled out
as being beyond the Second Amendment’s reach.
http://www.ca4.uscourts.gov/Opinions/Published/141945A.P.pdf
The interesting thing is that when you read the cases you will find that the courts did apply intermediate scrutiny which is what you are claiming they need to do. Not only that but the courts quote Justice Scalia in the reasoning of why they make the decision that assault weapons are not protected by the second amendment.
Danny Clemens
Saturday, March 17, 2018 05:34PM
In Washington and in cities around the world, students will hit the streets on March 24 and demand legislative action to curb gun violence.
It's all part of the student-organized March for Our Lives, an initiative launched by survivors from the Feb. 14 school shooting at Marjory Stoneman Douglas High School in Parkland, Florida. They're demanding "a comprehensive and effective bill be immediately brought before Congress to address...gun issues" after the shooting rampage that killed 17 of their peers and teachers.
The march in Washington will kick off at noon and will run down Pennsylvania Avenue between 3rd street and 12th street NW. More than 100,000 people have indicated on the event's official Facebook page that they are planning to attend or interested in attending.
In addition to that demonstration, there are more than 800 independently organized sibling events taking place in all 50 states and cities in South America, Europe, Africa, Asia and Oceania. Many of the events feature speakers, voter registration drives and mental health services.
"Every kid in this country now goes to school wondering if this day might be their last. We live in fear," organizers wrote on the march's website. "It doesn't have to be this way. Change is coming. And it starts now, inspired by and led by the kids who are our hope for the future. Their young voices will be heard."
Numerous celebrities and public figures have voiced their support for the march, with Ariana Grande, Jennifer Hudson, Miley Cyrus and Demi Lovato signed on to attend, according to organizers. Oprah Winfrey, Dwyane Wade, Gabrielle Union, Steven Spielberg and George and Amal Clooney have also made sizable cash donations to fund the marches in addition to the millions of dollars raised from the general public.
March for Our Lives is the latest in a series of large-scale demonstrations following the Parkland shooting. On March 14, students walked out of class around the country as part of an event organized by the Women's March, and similar walkouts occurred the week following the shooting. Yet another walkout is planned for April 20, the 19th anniversary of the Columbine shooting.
@sceletera,
sceletera wrote:Your "facts" are not facts at all.
Yes they are. You are just confounded because you have no answer to them.
sceletera wrote:They are nothing but your uniformed opinion.
Nope. My views are very-highly informed.
sceletera wrote:I will rely on court rulings for reaching my conclusions since it is the courts that decide Constitutionality.
You've already stated that you are not relying on these court rulings to back up your arguments.
sceletera wrote:Court rulings are hardly idle trivia.
They are when they are not being used to address the issue that is being discussed.
sceletera wrote:Your insistence that court rulings that state a ban on assault weapons is constitutional is trivia shows your lack of understanding of how the law and the Constitution actually work.
No it doesn't.
No such lack of understanding either.
sceletera wrote:From the Second Appeals court.
The trivia board is a few doors down from this one.
@sceletera,
sceletera wrote:Perhaps you should use the entire sentence which gives the phrase a much different meaning.
No change in meaning. I merely focused on the exact words where you made the claim.
"Citing the courts is not an appeal to authority because the argument is not that I am right because the courts agree with me. Citing the courts is a statement of fact."
http://able2know.org/topic/131081-79#post-6608860
sceletera wrote:I did not say that the court rulings don't support my arguments. I said my argument is not a logical fallacy because I am not simply claiming I am right because the courts have the same opinion I do.
Contradictory. You are either attempting to use these court opinions to support your arguments or you are not.
sceletera wrote:You seem to be in denial of reality as well as facts.
Says the person who can't point out anything that I'm wrong about here.
@sceletera,
sceletera wrote:The courts have consistently disagreed with you.
The trivia board is a few doors down from here.
sceletera wrote:Their arguments are not only persuasive
I doubt that. If you'd stumbled across any persuasive arguments, you'd presumably have started using those persuasive arguments for yourself instead of continuing to post idle trivia about court rulings.
sceletera wrote:but also carry the rule of law.
Not really relevant to the discussion at hand.
sceletera wrote:The interesting thing is that when you read the cases you will find that the courts did apply intermediate scrutiny which is what you are claiming they need to do. Not only that but the courts quote Justice Scalia in the reasoning of why they make the decision that assault weapons are not protected by the second amendment.
Doesn't change the fact that the rulings are idle trivia given that they are not being offered as support for your arguments.
@edgarblythe,
Quote:In Washington and in cities around the world, students will hit the streets on March 24 and demand legislative action to curb gun violence.
Do they think that if they whine at us louder we will relent and allow them to violate our civil rights for no reason?