Tag Archives: scalia

Judge Upholds MA AR-15 Ban: “Not Within Scope of Personal Right to Bear Arms”

Boston, MA— A lawsuit challenging Massachusetts’ ban on assault weapons was dismissed by a federal judge on April 5, who asserted in his ruling that military-style rifles and high-capacity magazines, banned by the state in 1998, are “not within the scope of the personal right to ‘bear Arms’ under the Second Amendment.”

“The AR-15 and its analogs, along with large capacity magazines, are simply not weapons within the original meaning of the individual constitutional right to ‘bear arms,’” U.S. District Judge William Young wrote in the decision.

Young said in his ruling that the features of a military-style rifle are “designed and intended to be particularly suitable for combat rather than sporting applications,” and that Massachusetts was within its rights to enact a ban through elected representatives.

“In the absence of federal legislation, Massachusetts is free to ban these weapons and large capacity magazines. Other states are equally free to leave them unregulated and available to their law-abiding citizens,” Young wrote. “These policy matters are simply not of constitutional moment. Americans are not afraid of bumptious, raucous, and robust debate about these matters. We call it democracy.”

The Hill reported that the lawsuit dismissed by Young was filed by the Gun Owners Action League of Massachusetts, which claimed the ban infringed on Second Amendment rights. The group asserted in its complaint that the term “assault weapons” is non-technical and “entirely fabricated” to politicize the most popular types of guns in the United States.

“Healey unilaterally decreed that thousands of Massachusetts residents are suddenly criminals simply for having exercised their Second Amendment rights,” the complaint said, in reference to Massachusetts Attorney General Maura Healey, who expanded in 2016 the definition of “copies or duplicates” of AR-15s and other semiautomatic rifles that are prohibited under the state’s 1998 assault-weapon ban.

In a statement, the National Rifle Association (NRA) criticized the decision.

“Like all law-abiding Massachusetts gun owners, the NRA was extremely disappointed that the court upheld Massachusetts’s ban on many of the most popular firearms in America,” the group said.

In his decision, Young, who Bloomberg reports was nominated by former President Ronald Reagan, quoted the late conservative Supreme Court Justice Antonin Scalia, who wrote the majority opinion for the Supreme Court in a critical 2008 decision that overturned Washington’s ban on hand guns, but also warned of potential limitations.

“Weapons that are most useful in military service — M-16 rifles and the like” aren’t protected by the Second Amendment and “may be banned,” Young quoted Scalia as saying, referring to the automatic rifle popular with the military. The AR-15 is similar to an M-16, Young said, equating the military fully automatic firearm with a civilian semi-automatic.

In addition, Young also rejected attempts by the gun-rights group to challenge the ban on the grounds that AR-15s are extremely popular and widely owned within the United States.

“The AR-15’s present day popularity is not constitutionally material,” Young said.

Cruz: ‘The Second Amendment Will Be Written Out of the Constitution’ if Trump is President

As previously reported by Truth In Media, Senior Associate Supreme Court Justice Antonin Scalia was found dead of apparent natural causes at a ranch in West Texas Saturday morning.

The passing of Scalia sparked different reactions from presidential candidates and political organizations. Both the National Rifle Association and Republican presidential candidate Senator Ted Cruz (R-TX) are emphasizing the importance of replacing Scalia’s seat with a pro-2nd Amendment Justice.

According to Washington Examiner, the NRA will spend $20 million during the election to push for gun rights and will lobby for pro 2nd Amendment justices.

The NRA tweeted Senator Ted Cruz’s statement at the news of Scalia’s passing.

Senator Cruz told This Week‘s George Stephanopoulos the importance of the next election and how it will affect the SCOTUS’ decision on important issues like the 2nd Amendment. Cruz also told Stephanopoulos that he intends to filibuster any Supreme Court nominee brought forward by President Obama.

“I don’t think the American people want a court that will write the 2nd Amendment out of the Constitution,” said Cruz.

But Cruz went a step further by attacking his opponent Donald Trump.

Cruz said, “And if Donald Trump becomes president, the Second Amendment will be written out of the Constitution because it is abundantly clear that Donald Trump is not a conservative. He will not invest the capital to confirm a conservative.”

[RELATED: Reality Check: What Trump’s Love of Eminent Domain Tells You About His Values]

Cruz added, “whether it’s Hillary, Bernie or Donald Trump. The Second Amendment will go away.”

“He says you’re wrong. He says he will and he says your judgment should be questioned because you supported John Roberts,” said Stephanopoulos.

https://twitter.com/realDonaldTrump/status/698990680719360000

Cruz said, “Listen, number one, I did not appoint John Roberts. George W. Bush did. Now once the president made the appointment, I supported that nomination. That was a mistake.”

“Self-Interested” Obama Mocked By Supreme Court Justice Scalia

121211080806-scalia-story-top

Supreme Court Justice Antonin Scalia prompted laughter in his court room after mocking President Barack Obama, calling him “self-interested.”

Scalia, who was nominated by Ronald Reagan in 1986, is considered by many to be the intellectual anchor of the Court’s conservative wing.

During oral arguments on Monday, Scalia argued that Obama violated the Constitution when he made appointments to the National Labor Relations Board two years ago. The case being discussed by the Supreme Court was National Labor Relations Board vs. Noel Canning.

Obama’s appointments were made while the Senate was away from Washington, DC. At this time, the Senate was not in recess but was holding a minute-long “session” each day.

Part of the Constitution that deals with presidential powers says, “The president shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.”

Solicitor General Donald Verrilli argued that this part of the Constitution is ambiguous.

But Scalia did not agree. He said, “It’s been assumed to be ambiguous by self-interested presidents.” After the snarky remark, the court room became filled with laughter according to Talking Points Memo.

During a long back-and-forth, Scalia told Verrilli, “Let’s assume I think the text is clearly against you.” The conservative justice continued to insist that the Constitution does not give the President power to appoint individuals to government agencies unless the Senate is in official recess.

Scalia eventually concluded, “If you ignore the Constitution often enough, its meaning changes.”

Follow Kristin on Facebook and Twitter.