Wednesday, October 21, 2015

Second Amendment takes a hit


According to the NYT:
"A federal appeals court on Monday upheld strict statewide bans on assault weapons and large-capacity magazines that were passed in New York and Connecticut after the 2012 mass murders at Sandy Hook Elementary School.
In finding that the “core provisions” of the laws did not violate the Second Amendment, Judge José A. Cabranes, writing for a unanimous three-judge panel of the United States Court of Appeals for the Second Circuit in Manhattan, said the states had acted “based on substantial evidence” and had “tailored the legislation at issue to address these particularly hazardous weapons.”
He noted that state legislatures were “far better equipped than the judiciary to make sensitive public policy judgments (within constitutional limits) concerning the dangers in carrying firearms and the manner to combat those risks.”

There's a few things wrong with the opinion. I'll mention just one.
 Courts routinely overturn state laws and second guess state and federal governments.  All of a sudden there seems to be reluctance.  The court's making an exception for gun control laws disrespects the Second Amendment.  The Second Circuit has a reputation for being pro-control

3 comments:

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  2. Judge Cabranes adheres to the same illogical conclusion promoted by the anti-gun crowd. As stated here "He noted that state legislatures were 'far better equipped than the judiciary to make sensitive public policy judgments ... concerning the dangers in carrying firearms and the manner to combat those risks.'”. What risks? Guns and other inanimate weapons of choice don't have minds of their own. So what are the state legislators doing for public safety? Absolutely nothing! In fact, their efforts have an opposite consequence to what they're hoping to achieve. The general public is now more vulnerable to aggravated assaults. Look at Israel today. This judge fails to consider the human factor by misdirecting his attention to singled out firearms and magazine capacities. As though these specific guns had anything to do with the malevolent actions of an individual. Give me a break! Attention Your Honor, the 2A recognizes a natural right to keep and bear arms by rationale adults who never posed a public danger. This constitutional amendment never granted that right nor specified weapon types or ammo capacities. Please focus on the real problem, which has always been violent criminals and threatening mental disorders.

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  3. 44 Thanks! Agreed. The Left's obsession with gun control distracts attention from factors which are really in need of being addressed.

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