Judge: 2nd Amendment Does Not Protect Semiautomatic ‘Killing Machines’

[txradioguy]

U.S. District Judge Josephine Staton, Central District of California, ruled this week the existence of the Second Amendment does not mean semiautomatic “killing machines” must be legal in California.

Staton ruling against “semiautomatic rifles with non-fixed magazines” came in response to a California Rifle and Pistol Association (CRPA) challenge against the state’s “assault weapons” ban.

CRPA sought a summary judgement against the “assault weapons” ban on behalf of Plaintiff Steven Rupp. But Stanton rejected the summary judgement request, characterizing “semiautomatic rifles with non-fixed magazines” as “killing machines” which “are essentially indistinguishable from M-16s.”

Stanton’s point overlooks the fact that M-16s are fully automatic firearms, which can fire a magazine-full of bullets per one trigger depression, while AR-15s are semiautomatic rifles, which fire one round per trigger pull, period.  Her position aligned with that California Attorney General Xavier Becerra, who argued that “[a]ssault rifles may be banned because they are, like the M-16, ‘weapons that are most useful in military service’; and ‘they are also not “in common use” for lawful purposes like self-defense.’”

Stanton opined that a ban on M-16s can stand under scrutiny of District of Columbia v. Heller (2008), because such guns are “outside the scope of the Second Amendment.” She then turned to a ban on AR-15s, saying, “Thus, if a weapon is essentially the same as the M-16, it is not protected by the Second Amendment merely because gun manufacturers have given it a different model number and dubbed it a ‘civilian rifle.’”


https://www.breitbart.com/politics/2019/07/26/judge-2nd-amendment-does-not-protect-semiautomatic-killing-machines/

[Cyber Liberty]

Obastard appointee.

[Bill Cipher]

Totally wrong.  Hopefully the 9th Circuit does the right thing and overturns the decision. 

[andy58-in-nh]

Obastard appointee.

Ignorant Obastard appointee.

[skeeter]

This judge isn't letting her personal opinion color her ruling, no sir.

Justice Roberts pick up the white courtesy telephone. On second thought, don't bother.

[txradioguy]

Totally wrong.  Hopefully the 9th Circuit does the right thing and overturns the decision.

C'mon now...it's the 9th Circus...they'll uphold the decision.

[DCPatriot]

Not a lawyer by any stretch, but as a citizen of the United States and protected by the 2nd Amendment...the very fact "Killing Machines" are a reality, we are entitled to WhateverTF we can get hands-on.

The 2nd Amendment protects me from a tyrannical government, as well as his home being his castle.   

Private home ownership.  Once they set their sights on that...it's lock n load.

[Bill Cipher]

C'mon now...it's the 9th Circus...they'll uphold the decision.

They may, in which case I hope the Supreme Court reverses. 

[Maj. Bill Martin]

Her position aligned with that California Attorney General Xavier Becerra, who argued that “[a]ssault rifles may be banned because they are, like the M-16, ‘weapons that are most useful in military service’; and ‘they are also not “in common use” for lawful purposes like self-defense.’”

The 'ol semantic switcheroo.

[txradioguy]

They may, in which case I hope the Supreme Court reverses.

I know that Justice Thomas is willing to take on another 2A case...the rest of the Justices have seemed reluctant to and Thomas has been vocal about the lower courts ignoring the Heller decision.

[txradioguy]

The 'ol semantic switcheroo.

Yup a switcheroo by two people who are clueless about guns it would appear.  This is jsut as dumb as the NY AG's comment the other day about helping California protect people from "rapid fire bullet delivery systems"

[Bill Cipher]

I know that Justice Thomas is willing to take on another 2A case...the rest of the Justices have seemed reluctant to and Thomas has been vocal about the lower courts ignoring the Heller decision.

I’m keeping my fingers crossed. 

[Smokin Joe]

Judge can't understand Normal thinking. The bias of her personal preferences should not be used to refute the Constitution. She should be barred from the bench.