FEDERAL COURT: SEMI-AUTOS ‘INDISTINGUISHABLE’ FROM M-16S

[jdege]

https://www.guns.com/news/2019/07/26/federal-court-semi-autos-indistinguishable-from-m-16s

FEDERAL COURT: SEMI-AUTOS ‘INDISTINGUISHABLE’ FROM M-16S

The order, in a case brought by several gun owners in 2017 seeking to declare California’s “assault weapon” ban unconstitutional, saw U.S. District Judge Josephine Staton side with the state’s point of view. Staton, extensively citing briefs in the case from anti-gun groups such as the Brady Center, Everytown and Giffords, found that semi-autos banned either by name or cosmetic features such as collapsible stocks or muzzle brakes were basically military-grade hardware.

“Because the Court concludes that semiautomatic assault rifles are essentially indistinguishable from M-16s, which Heller noted could be banned pursuant to longstanding prohibitions on dangerous and usual weapons, the Court need not reach the question of whether semiautomatic rifles are excluded from the Second Amendment because they are not in common use for lawful purposes like self-defense,” said Staton, an appointment by President Obama. Prior to stepping up to the federal bench, Staton was a lawyer in private practice in San Francisco and a California Superior Court judge appointed by Gov. Gray Davis just before he was recalled.

Staton also quoted that the rate of fire of such guns, listed in the order as “300 to 500 round per minute rate” makes semiautomatic rifles “virtually indistinguishable in practical effect from machineguns.”

[Rip Van Winkle]

Staton, an appointment by President Obama.

What did you expect?

[Grayskies]

Staton, an appointment by President Obama.

What did you expect?

+1

[Ghost]

I do not like this

[BigBlue]

There are some people for whom the term 'moron' just isn't adequate to summarize their lack of capability. These are such folks. I'm pretty sure even Micheluk's magic finger couldn't fire off 500 rounds with the 16+ mag changes in 60 seconds. Making claims like that is beyond stupid.

[yukonjasper]

Just exactly how much misinformation is out there and isn't it incumbent for people, like judges, to do at least the minimum amount of research?. I mean, if for no other reason than not looking like a complete imbicil ( my apologies to imbicils everywhere).

This is a judge who apparently was smart enough to get to this position.......

[Rip Van Winkle]

This is a judge who apparently was smart enough to get to this position.......

This Obama appointee did exactly what she was appointed to do.

Progressive logic.
Big Government good, guns bad. No matter how they have to twist the wording of the Constitution.

[Holland&Holland]

Sweet! I am buying an m16 tomorrow and citing this.

[crbutler]

From reading this, she basically decided that the Brady folk’s brief was factual. She used their Brief as the definition of fact. She should get this bounced on appeal as the ATF is the legal source of these definitions for the USG. Typical liberal, emotions are every bit as valid as facts....

I would grant to gross visual examination at 30 feet, it’s pretty difficult to tell the difference between an AR 15 and an M16.

Of course, calling a dolphin a fish doesn’t make it so, either.

[Ghost]

Sweet! I am buying an m16 tomorrow and citing this.

Great idea

[BigDog58]

From reading this, she basically decided that the Brady folk’s brief was factual. She used their Brief as the definition of fact. She should get this bounced on appeal as the ATF is the legal source of these definitions for the USG. Typical liberal, emotions are every bit as valid as facts....

I would grant to gross visual examination at 30 feet, it’s pretty difficult to tell the difference between an AR 15 and an M16.

Of course, calling a dolphin a fish doesn’t make it so, either.

Sorry, but bad analogy. "Dolphin" Is A Fish...you may know it as "Mahi-Mahi", but it is a Dolphin. I have caught hundreds of them, and IMHO, they are best served Fried Golden Brown, with Hush Puppies and French Fries

[LarryFlew]

Dolphinfish (mahi mahi) is the correct full name for the fish version where Dolphin is the mammal version.

[BigDog58]

Dolphinfish (mahi mahi) is the correct full name for the fish version where Dolphin is the mammal version.

You are correct Larry, I grew up catching and eating them. We only called them "Dolphin", but I see they have been renamed Dolphinfish. Most people outside of the Fla Keys call them Mahi-Mahi. Regardless of what they are called, they are Superior table fare They are plentiful, and fairly easy to catch. My dad and I, once caught about 70 of them (a school of hundreds about 6-7 lbs each and we ran out of cooler space), off of a single 4x4 floating in the Gulfstream just off of Marathon (Fla Keys). Any time we saw anything floating in the water, we immediately trolled a bait, or cast baits all around the floats-om. A buddy and I, used to free dive around floating sargassum (seaweed) patches and spear the dolphinfish. Get one about 20 lbs or so, and it would be a wild ride until we could grab them by the eye sockets and calm them down.

I sure miss my younger days, growing up in South Florida. Between, the Atlantic Ocean, the Gulf of Mexico, and the Everglades, I never had a minute to be bored. Up at dawn, back home after dark. And usually, bringing home something yummy for my mom to cook. I don't know which I liked better, fried Dolphin (Dolphinfish for the PC crowd) or fresh Alligator fried golden and crispy.

Dang, now I'm hungry for some fresh caught, and fried fish.

[Holland&Holland]

Dolphinfish (mahi mahi) is the correct full name for the fish version where Dolphin is the mammal version.

You are correct Larry, I grew up catching and eating them. We only called them "Dolphin", but I see they have been renamed Dolphinfish. Most people outside of the Fla Keys call them Mahi-Mahi. Regardless of what they are called, they are Superior table fare They are plentiful, and fairly easy to catch. My dad and I, once caught about 70 of them (a school of hundreds about 6-7 lbs each and we ran out of cooler space), off of a single 4x4 floating in the Gulfstream just off of Marathon (Fla Keys). Any time we saw anything floating in the water, we immediately trolled a bait, or cast baits all around the floats-om. A buddy and I, used to free dive around floating sargassum (seaweed) patches and spear the dolphinfish. Get one about 20 lbs or so, and it would be a wild ride until we could grab them by the eye sockets and calm them down.

I sure miss my younger days, growing up in South Florida. Between, the Atlantic Ocean, the Gulf of Mexico, and the Everglades, I never had a minute to be bored. Up at dawn, back home after dark. And usually, bringing home something yummy for my mom to cook. I don't know which I liked better, fried Dolphin (Dolphinfish for the PC crowd) or fresh Alligator fried golden and crispy.

Dang, now I'm hungry for some fresh caught, and fried fish.

That sounds great for breakfast!

[Lumpy]

I don't suppose that the original intent of the Second Amendment to explicitly protect the possession of military arms will ever get a hearing?