Tom Gresham's Gun Talk: 3.5.17 - Part B

Published on March 6, 2017
Duration: 44:24

This episode of Gun Talk features an in-depth discussion with attorney Jay Porter regarding a US Fourth Circuit Court of Appeals decision that upheld Maryland's ban on modern sporting rifles (AR and AK platforms) and detachable magazines over 10 rounds. Porter explains how the court's reasoning, particularly its classification of these firearms as 'weapons of war' and its dismissal of the difference between semi-automatic and fully automatic fire, contradicts the Supreme Court's Heller decision. The conversation highlights concerns that this ruling could undermine Second Amendment rights by excluding commonly owned firearms from protection and discusses plans to appeal the case to the Supreme Court.

Quick Summary

The US Fourth Circuit Court of Appeals upheld Maryland's ban on modern sporting rifles like AR-15s and AK-47s, classifying them as 'weapons of war' and deeming the difference between semi-automatic and fully automatic fire 'slight.' This ruling conflicts with the Supreme Court's Heller decision, which protects firearms in common use. Legal challenges are planned to appeal this decision to the Supreme Court.

Chapters

  1. 00:00Introduction to Laser Sights
  2. 00:24Gun Talk Radio Show Intro
  3. 00:51Monster Giveaway Announcement
  4. 01:31Discussion of Maryland's Assault Weapons Ban
  5. 02:09Guest Attorney Jay Porter Joins
  6. 02:36Maryland Ban on Modern Sporting Rifles
  7. 03:01Details of Maryland's Ban
  8. 03:30Fourth Circuit Court of Appeals Decision
  9. 04:09Rifles Deemed 'Weapons of War'
  10. 04:32Semi-Automatic vs. Fully Automatic Distinction
  11. 05:06Court's View on 'Slight' Difference
  12. 05:53Conflict with Heller Decision
  13. 06:09Justice Scalia's Heller Ruling
  14. 06:26AR-Style Rifles in Common Use
  15. 07:00Lower Courts Undermining Supreme Court
  16. 07:30Misapplication of Heller Decision
  17. 07:47Purpose of Second Amendment Cases
  18. 08:20Firearms Evolving from Weapons of War
  19. 09:05Lack of Limiting Principle in Court Logic
  20. 09:14Absurd Results of the Ban
  21. 10:23Next Steps: Appeal to SCOTUS
  22. 10:41NRA Support for the Case
  23. 10:48California Assault Weapons Ban Challenge
  24. 11:11Potential Impact of Justice Gorsuch
  25. 11:24Stun Gun Ban Case Precedent
  26. 12:03Fourth Circuit vs. Heller
  27. 12:23Thank You to Jay Porter
  28. 12:46Angular Ammunition Ad
  29. 13:14Crimson Trace LINK Ad
  30. 13:51US Sportsman's Alliance Ad
  31. 14:15Sig Sauer Ad
  32. 14:57Call-in Number Reminder
  33. 15:05Rotary Club International Policy on Guns
  34. 17:50Caller: Red Dot Pistol Course
  35. 18:14What is a Red Dot Sight?
  36. 18:43Red Dot Sight Class Details
  37. 19:14Advantages of Red Dot Sights
  38. 19:42Carry Experience with Red Dots
  39. 20:23Holster Compatibility
  40. 21:26Practice for Red Dot Carry
  41. 22:44Springfield Armory XDS Ad
  42. 23:02Travel and Concealed Carry Laws
  43. 24:06Senator John Cornyn's Reciprocity Bill
  44. 24:31Janine Allen Case Example
  45. 24:50Caller: Ammunition Concerns
  46. 25:05Federal Guard Dog 115 Grain Ammo
  47. 25:56Purpose of Guard Dog Ammo
  48. 26:25Rule of Thumb: Carry What Cops Carry
  49. 26:39Testing Ammunition Penetration
  50. 27:41Water Jug Test for Penetration
  51. 28:06Testing Honey Badger Ammo
  52. 29:23Springfield Armory XDS Ad (Carry Gun)
  53. 29:54Gun Dealio App Promotion
  54. 30:53First Person Defender Ad
  55. 31:19Smith & Wesson M&P Shield Ad
  56. 32:00Range Report Segment
  57. 32:37Caller: Meeting with Senator King
  58. 33:40Question for Supreme Court Nominee
  59. 35:11Caller: Red Dot Sight and Laser Combination
  60. 35:51Confusing Red Dot and Laser?
  61. 36:30Benefits of Red Dots and Lasers
  62. 37:53Cost of Red Dot and Laser Systems
  63. 38:25Life-Saving System Investment
  64. 39:46Caller: Liberty Defense 9mm Ammo
  65. 40:28Velocity vs. Grain Weight
  66. 41:12FBI Handgun Ammo Testing
  67. 41:33Shooting Through Barriers
  68. 42:23Handgun Ammo Limitations
  69. 43:04Why New Ammo Combinations?
  70. 43:18Effective Ammunition Examples
  71. 43:36What Defensive Bullet Needs to Do
  72. 44:08Trusting Your Life to Ammo

Frequently Asked Questions

What was the main outcome of the US Fourth Circuit Court of Appeals ruling on Maryland's firearm ban?

The US Fourth Circuit Court of Appeals upheld Maryland's ban on modern sporting rifles, such as AR and AK platforms, and detachable magazines with capacities exceeding 10 rounds. The court's reasoning focused on classifying these firearms as 'weapons of war,' which they argued places them outside the protection of the Second Amendment.

How did the court's ruling on semi-automatic vs. fully automatic firearms differ from established legal understanding?

The court described the difference between semi-automatic and fully automatic firearms as 'slight.' This contradicts long-standing legal and practical distinctions, where converting a semi-automatic to fully automatic is a serious felony, indicating a significant difference.

Why is the Fourth Circuit's decision considered to conflict with the Supreme Court's Heller ruling?

The Heller decision protects firearms 'in common use' for lawful purposes. The Fourth Circuit's ruling excludes popular semi-automatic rifles like AR-15s, which are widely owned, from this protection by labeling them 'weapons of war,' thus appearing to contradict Heller's core principle.

What are the next steps planned for challenging the Fourth Circuit's decision?

The legal team plans to appeal the Fourth Circuit's decision to the US Supreme Court. They are also involved in challenging California's assault weapons ban, aiming to secure a Supreme Court ruling that upholds the right to own commonly used firearms.

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