US 2nd Court of Appeals Doubles Down on NY/CT Stupid

[chipbennett]

US Appeals Court Upholds Gun Laws After Newtown Massacre - ABC News

The 2nd U.S. Circuit Court of Appeals in Manhattan found core parts of the laws did not violate the Second Amendment because there was a substantial relationship between bans on assault weapons and large-capacity magazines and the "important — indeed, compelling — state interest in controlling crime."

As if the second amendment allows for a social utility test - intermediate scrutiny or otherwise - within the bounds of "shall not be infringed"?

At this point, they're just making stuff up. To wit:

"When used, these weapons tend to result in more numerous wounds, more serious wounds, and more victims. These weapons are disproportionately used in crime, and particularly in criminal mass shootings," according to the ruling written by Circuit Judge Jose A. Cabranes. "They are also disproportionately used to kill law enforcement officers."
...
"Like assault weapons, large-capacity magazines result in 'more shots fired, persons wounded, and wounds per victim than do other gun attacks,'" the court said.

(No word on hammers and baseball bats, which are used in more homicides annually than long guns.)

The appeals court addressed several gun rights groups' arguments, including that mass shootings are rare events that would be minimally affected by gun control laws.


"That may be so," the 2nd Circuit said. "But gun-control legislation 'need not strike at all evils at the same time' to be constitutional."

No, but if you're going to insist on an unconstitutional test of social utility, you should at least have to support otherwise specious claims of a substantial relationship.

 

[Mgderf]

I'm betting (hoping) this will be overturned.

 

[Birds Away]

They must have a different Constitution there. I really don't get how they can just make it up as they go along.

 

[BogWalker]

"These weapons are disproportionately used in crime" No, they aren't, and I'm wondering when it became okay for a court to literally make things up.

 

[SteveM4A1]

"These weapons are disproportionately used in crime" No, they aren't, and I'm wondering when it became okay for a court to literally make things up.

Exactly. Where are they getting this from?

 

[GodFearinGunTotin]

The dangers of depending on the courts for righting wrongs. When it comes to clearly deliniated and protected rights such as the 2A, it's almost a sure thing it will go against the 2A.

 

[cobber]

"These weapons are disproportionately used in crime" No, they aren't, and I'm wondering when it became okay for a court to literally make things up.

You have not heard, they are gods when they don the black robe.

 

[Fargo]

The dangers of depending on the courts for righting wrongs. When it comes to clearly deliniated and protected rights such as the 2A, it's almost a sure thing it will go against the 2A.

But when it comes to an unenumerated right to have the state recognize homosexual unions...