Federal Court Upholds Bulk Of Gun Control Laws Passed In Wake Of Newtown

Federal Court Upholds Bulk Of Gun Control Laws Passed In Wake Of Newtown

I really don't like wading into the gun control debate, but here goes.

A federal appeals court on Monday upheld in large part gun control legislation passed in Connecticut and New York in the wake of the 2012 massacre at Sandy Hook Elementary School in Newtown, Connecticut.

The ruling dealt a blow to the various gun groups that mounted a constitutional challenge against the laws, which prohibit possession of a number of semiautomatic assault weapons and large-capacity magazines.

"The core prohibitions by New York and Connecticut of assault weapons and large-capacity magazines do not violate the Second Amendment," wrote Judge José Cabranes for a three-judge panel of the U.S. Court of Appeals for the Second Circuit, which sits in Manhattan.

After delving into a brief history of gun control legislation at the federal level and in the two states -- which have imposed restrictions on automatic and semiautomatic firearms since at least the 1990s -- the court framed the ruling in the tragic events in Newtown.

So it looks like the federal courts upheld the various gun control laws that were passed in the wake of the various shooting massacres. I've got mixed feelings about this. First, high capacity magazine bans are just dumb. 3-D printing pretty much makes those bans obsolete. Just print a magazine, buy a spring and you're good. I also don't like the ban on "assault rifles". It's too easy to just restructure the same gun and it be legal. Though I don't have a problem with stricter background checks. If you have to wait a few extra days to buy your gun? So what. Most people claim they aren't going to break laws with it, so there should be no problems clearing the background check.

The only hangup I have with the stricter background checks is with drug charges. Get a felony charge for drugs and suddenly you can't own or operate a firearm even if the felony had nothing to do with a firearm. That needs to be changed immediately.

a reply to: Krazysh0t

I'll tell you the sad part K, and that's with all the obsessive-compulsive government gun-restrictions that will continue to be "upheld", I can give any forked-tongued politician a 50,000 round/minute weapon from metal-storm, and they still could not hit the elephant in the room.

And this would not be because they are lazy or woeful markspersons - no, this is because the government does not want to acknowledge to the public that the very very very vast majority of mass-shootings all share a common denominator - white males aged between 16-26, with mental issues on psychotropics with GTA as their reality, no mates in school and, as one member eloquently pointed out in another thread, most likely virgins with female-repellent type personalities.

A rather small demographic when you break it down.

But, yes, by all means Mr government - continue to ignore that elephant and go for the walls keeping it in the room.

This is death by a thousand cuts because the government of the United States of America does not want an armed population that can reign in their "gone rogue" intentions and their desire to erode the Constitution and her amendments "of inconvenience".

a reply to: Krazysh0t

I am sure that criminals and those with mental illnesses in a death wish rampage will be following this rules and laws the next time they go on a killing spree.

Laws only affects those that are within the law and abide by it.

When the stupid judges, mediocre politicians and anti gun crowd are going to get that.

Never, is all about politics and controlling law abiding citizens as usual.

What they should do is make killing people illegal.

That'll stop everyone from shooting each other.

a reply to: Krazysh0t

They couldn't wait until after the wake?

a reply to: Sublimecraft

It is interesting that as a response to a suburban non-criminal white kid/adult shooting up a suburban area that the government cracks down on criminals getting guns. Though these incidents do serve as stark reminders that urban neighborhoods are still getting shot up all the time too. Another point to consider, why do guns only become a problem when it's a mass school shooting? Those things are rather infrequent. Black people get shot up all the time in the innercities across the country, yet not much is said about that (at least until another mass shooting takes place and gun control enters the political discussions again).

a reply to: DBCowboy

Bold emphasis is mine

What they should do is make killing people illegal.
That'll stop everyone from shooting each other.

It really is so simple. If they think that changing guns laws will solve the problem, then here is the simplest answer. And yet they KNOW it will NOT change anything.

a reply to: marg6043

This is true, but there are people on the fence who won't do something because it is illegal, but wouldn't hesitate to do it if it were legal. So things aren't as simple as you are describing. Another point to consider, making guns harder to buy for criminals, while yes they still WILL try to obtain a gun, it will still be harder for them to get one. They'll have to go through illicit means to obtain one instead of walking into a gun store and buying one. There are many things to consider there. Like I said, expanded background checks isn't really a bad thing.

a reply to: Sublimecraft

Sorry, but the vast majority of shootings comes from inner city gang bangers. Yes, the recent "mass shootings" have been done by Sally ass white kids, but they pale in comparison to the daily shootings by inner city thugs.

We don't get bombarded with stories of the hundreds of shootings every day because it doesn't fit a certain agenda.

As for these laws, they're pointless. Mag restrictions and bans on "assault rifles" is flat out silly and are only aimed at us law abiding people. I'm all for background checks though.

I don't understand how assault rifles were ever allowed to be in public circulation.

It's too late now. Restrictions won't help anyone.

I also am pro gun, but I wouldn't be happy with anyone driving around with a mini gun mounted on the back on their pickup for example.

originally posted by: Krazysh0t
a reply to: Sublimecraft

It is interesting that as a response to a suburban non-criminal white kid/adult shooting up a suburban area that the government cracks down on criminals getting guns. Though these incidents do serve as stark reminders that urban neighborhoods are still getting shot up all the time too. Another point to consider, why do guns only become a problem when it's a mass school shooting? Those things are rather infrequent. Black people get shot up all the time in the innercities across the country, yet not much is said about that (at least until another mass shooting takes place and gun control enters the political discussions again).

Always my point. Anti gun crowd doesn't really care about gun violence as long as it stays in the inner cities and other undesirable areas. You see it move into schools and theatres where anti gunners could be, it's hands across America spouting evil guns, more laws, etc. Now if I wanted to play a race card here it would be very easy to do so on anti gun people. But I leave that for the "enlightened" among us.

originally posted by: Nexttimemaybe
I don't understand how assault rifles were ever allowed to be in public circulation.

It's too late now. Restrictions won't help anyone.

I also am pro gun, but I wouldn't be happy with anyone driving around with a mini gun mounted on the back on their pickup for example.

What?

A semi auto rifle is a rifle. Rifles are used least. Why do you goofs go after them?

Rifles are used less than hammers to murder someone. You are 6 times as likely to be murdered by a knife and You are 20 times more likely to be murdered with a handgun than with a rifle (all types of rifles combined). It "looks" scary?



www.fbi.gov... de_data_table_8_murder_victims_by_weapon_2009-2013.xls

a reply to: KawRider9

I don't mind pointing out hypocrisy from the left just like I like pointing it out from the right too. Neither side are saints, and I refuse to treat either of them as such.

a reply to: Krazysh0t

And I for one think it's refreshing to see you call out both sides. I do the same but it typically falls on deaf ears.

Do we have a problem with cowards willing to end ones life over BS? Absolutely. How we combat that I have no clue. We could send a message by enforcing our current laws to their MAXIMUM extent, but our jails are full of non violent drug offenders already.

I don't know the answer to what ails us, but I do know I'm sick of feel good legislation that does nothing to combat crime.

Now, we need to implement mental health and background checks before people are allowed to exercise other rights.

A background check should be required before you can exercise your right to free speech or to choose your own religion. Also, we need to close the "protest loophole" that allows people to protest government action without a permit.

A mental health check should be required before you're allowed to vote. Look what happened the last few times we let crazy people vote.

We need to limit the number of abortions one person can have. No one needs high capacity abortions.

Convicted felons should not have the right to refuse a search, or have access to a lawyer during questioning, or have legal representation at all.

The government will tell you what rights you have. It's just simpler that way, and it's for your own safety. After all, the Constitution is just a piece of paper. It has no meaning in today's world.

a reply to: KawRider9

Sorry, but the vast majority of shootings comes from inner city gang bangers.

Indeed, and I would posit that in this scenario the root cause is cultural based stemming from socio-economic disparity due to the simmering racial tensions that exist in the US which has resulted on these inner city gang bangers living in totally black suburbs and manifesting a life style in keeping with what one would expect to exist in a prison.

Those black families that escape this gang-banger lifestyle and assimilate into the greater society and can get an education and hold down jobs would be a testament to this.

Still, you don't see these black gang-bangers involved in the pre-meditated mass shootings that actually lead to the OPs subject matter.

From a New Yorker, buy your AR's and magazines while you can.

After this decision it WILL be coming to your state.

I had to settle for a Ruger mini30 with 5 round clips last time I bought a rifle. The M1A I wanted had too many 'evil' parts on it. The threaded barrel is what did me in. ffs
I could have had one built that passed in NY but 'custom' rifles are not cheap.

I had wanted to move in a couple years, both parents have passed and that was my only reason for being here.
Now with my luck this idiocy will spread to the states I was looking at before I can get there.

originally posted by: stosh64
From a New Yorker, buy your AR's and magazines while you can.

After this decision it WILL be coming to your state.

I had to settle for a Ruger mini30 with 5 round clips last time I bought a rifle. The M1A I wanted had too many 'evil' parts on it. The threaded barrel is what did me in. ffs
I could have had one built that passed in NY but 'custom' rifles are not cheap.

I had wanted to move in a couple years, both parents have passed and that was my only reason for being here.
Now with my luck this idiocy will spread to the states I was looking at before I can get there.

Yes but the great thing about the push for more laws and regulations. It only applies to 1 of three possible purchase options. The private seller market along with the black market ( which I don't recommend) is left completely open. Why all the laws and regulations are fails from the get go. Doesn't do much but change the point of sale to another area if one is inclined to purchase. The anti gun nuts just don't seem to grasp this simple concept of locking your front door while leaving the back door and Windows wide open. Can't do much but laugh and offer a hug to people like that who just have no ability to think.

a reply to: Krazysh0t

They are still trying to go after the scary looking guns, thinking that somehow, this will eliminate the will for someone to take another's life. As with a few posts up, you can get a nice .22LR that holds 18 shots and is semi-automatic and could kill quite a few at close range rather quickly, and it's the same rifle I use to squirrel hunt.

If real progress was made in trying to understand WHY this is happening instead of what TOOL was used to do it, we might start to move towards eliminating these mass shootings. ( I think the inner city gang related violence will continue no matter what)

A kid who wants to kill himself usually has motivation. Not just to end his life, but to be noticed or missed. And with all the publicity gained by being a mass shooter, they think this is a way to be famous. If the killers name was not given and their identity was obscured, the entire reason for doing this would be gone. maybe it's just that simple.

a reply to: stosh64

It won't happen in Texas in your lifetime and if the Feds pass some law after changing up the evil and obviously corrupt Supreme Court, Texas will ignore the change, meaning, Texas LEO's won't enforce it. Same probably the case in Louisiana and a handful of other states.