frosh to appeal Kolbe decision

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    I'm not the most educated or intelligent man, but even I can see that if you are going to infringe on a right you better have a good reason. If Frosh says that the AR15 is commonly used in mass shootings then he is saying the AR15 is a common firearm. If he says that high capacity magazines means more victims, he's right. But that's like saying you can kill 10 but you have to reload if you want to kill more. Here is a fantastic idea, abolish gun free zones, allow public carry whether cancealed or open. Don't make deals with criminals who use a firearm in commission of a crime. Those few common sense changes are made, you won't need to ban assault weapons.

    WRONG.

    Magazine capacity has nothing to do with the amount of victims.
    VA Tech killer used standard capacity magazines, as did one of the Columbine pieces of shit.

    Magazines are commonly owned -- and mostly used for lawful purposes.
     

    ar154u

    Banned
    BANNED!!!
    Dec 23, 2015
    271
    WRONG.

    Magazine capacity has nothing to do with the amount of victims.
    VA Tech killer used standard capacity magazines, as did one of the Columbine pieces of shit.

    Magazines are commonly owned -- and mostly used for lawful purposes.

    What I mean by that is if you have a 30 round magazine and 1 bullet each strikes your target then that's 30 victims before you reload. But my real point is
    if you kill one person you might as well kill 100 because murder is murder no matter the number. Anything over 1 is fodder for the media to sensationalize the act. Speaking religiously, I don't think God cares if you killed 1 or a million. It only takes 1 murder for it to be a sin. I just don't want the government to tell me what firearms I can own or how much ammo I can have. I don't kill because killing is illegal, I don't kill because it is a sin.
     
    Feb 28, 2013
    28,953
    Call me old fashioned, but "they" should not follow some political appointee in a black robe, but should follow this:

    2ndAmendment.jpg

    If more of those on high did that simple thing, we wouldn't be havin' this discussion.;)
     

    ar154u

    Banned
    BANNED!!!
    Dec 23, 2015
    271
    NYSRPA v Cuomo is about "assault weapons" in the 2nd Cir and had IS applied.

    The 4th circuit also mentions magazines -- which are also necessary for handguns. Handguns were explicitly mentioned as protected items in Heller.

    Good catch. I look at this in tiers, if the lower level used intermediate scrutiny, then the next tier needs to use a more strict scrutiny in appeal. If it gets to SC then they should use the utmost strict scrutiny as they have the final word. Unfortunately, this doesn't eliminate judicial partisan activism.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    What I mean by that is if you have a 30 round magazine and 1 bullet each strikes your target then that's 30 victims before you reload.

    There is not a single shooting, even mass shootings, where magazine capacity has been a significant factor. As already pointed out, the VA Tech shooter used handguns. A Glock 19 which holds 12, and a Walther P22 with 10 round magazines. With just a little bit of practice, you can change mags really quickly.
     

    Stoveman

    TV Personality
    Patriot Picket
    Sep 2, 2013
    27,989
    Cuba on the Chesapeake
    There is not a single shooting, even mass shootings, where magazine capacity has been a significant factor. As already pointed out, the VA Tech shooter used handguns. A Glock 19 which holds 15 and one in the pipe, and a Walther P22 with 10 round magazines. With just a little bit of practice, you can change mags really quickly.



    FIFY
     

    platoonDaddy

    Ultimate Member
    Jun 30, 2011
    4,125
    SouthOfBalto
    There is not a single shooting, even mass shootings, where magazine capacity has been a significant factor. As already pointed out, the VA Tech shooter used handguns. A Glock 19 which holds 12, and a Walther P22 with 10 round magazines. With just a little bit of practice, you can change mags really quickly.

    FYI: Yes a Glock 19 does hold 12, but the magazine is 15 rounds
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    NYSRPA v Cuomo is about "assault weapons" in the 2nd Cir and had IS applied.

    The 4th circuit also mentions magazines -- which are also necessary for handguns. Handguns were explicitly mentioned as protected items in Heller.


    Kolbe is the 1st assult weapon decision I've read with SS to be applied
    vacated and remanded back to state.
     

    krucam

    Ultimate Member
    Someone please correct me, but isn't this the only post-Heller case to get hit with SS?

    I believe so. Interesting (to me) is the reference to Chester in CA4 which Traxler also authored. Probably why he relied on the CA4 guidance...he wrote it...

    Intermediate Scrutiny for a dirt bag, something more for law abiding, responsible citizenry.

    Chester Opinion said:
    In October 2007, officers from the Kanawha County, West
    Virginia, Sheriff’s Department responded to a 911 call reporting
    a domestic disturbance at Chester’s residence. Chester’s
    wife reported to the officers that Chester grabbed her throat
    and threatened to kill her after she caught him receiving the
    services of a prostitute on their property. In a subsequent
    search of the home, officers recovered a 12-gauge shotgun in
    the kitchen pantry and a 9mm handgun in the bedroom. Chester
    admitted both firearms belonged to him.

    Although Chester asserts his right to possess a firearm in
    his home for the purpose of self-defense, we believe his claim
    is not within the core right identified in Heller—the right of
    a law-abiding, responsible citizen to possess and carry a
    weapon for self-defense—by virtue of Chester’s criminal his-
    tory as a domestic violence misdemeanant. Heller, 128 S. Ct.
    at 2821. Accordingly, we conclude that intermediate scrutiny
    is more appropriate than strict scrutiny for Chester and similarly
    situated persons.

    Chester: www.ca4.uscourts.gov/Opinions/Published/094084.P.pdf
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    33,862
    Kolbe is the 1st assult weapon decision I've read with SS to be applied
    vacated and remanded back to state.

    Not aimed at you in particular, but we really ought to start a movement to stop using the term "assault weapon."

    I don't care whether it's used in the statutes, legal opinions, or by our own or the Left. It's a pejorative term when applied to modern sporting rifles, is used intentionally to rile up fear and a visceral emotional response, and we are playing right along with them.

    How about calling them something like "Black dragons" instead?
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,540
    Not aimed at you in particular, but we really ought to start a movement to stop using the term "assault weapon."

    I don't care whether it's used in the statutes, legal opinions, or by our own or the Left. It's a pejorative term when applied to modern sporting rifles, is used intentionally to rile up fear and a visceral emotional response, and we are playing right along with them.

    How about calling them something like "Black dragons" instead?

    The right always accepts or falls in to the left's language. You are absolutely correct. Ruling used "LCM" :rolleyes:
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    33,862
    I've always loved the term "Modern Sporting Rifles."

    It's a fabulous term. Somebody went to a lot of trouble coming up with it, and it doesn't get its due.

    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    It's a fabulous term. Somebody went to a lot of trouble coming up with it, and it doesn't get its due.

    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle
    Modern Sporting Rifle Modern Sporting Rifle Modern Sporting Rifle

    Rolls off of the tongue, doesn't it ... :tongue13:
     

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    Maybe MDS should have something like a swear jar and anytime someone uses the term "assault weapon" for semi-automatics, they have to chip in ten bucks :)
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,925
    Messages
    7,259,308
    Members
    33,349
    Latest member
    christian04

    Latest threads

    Top Bottom