Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

BREAKING: Federal Judge Rules AR-15s Are “Dangerous and Unusual,” Not Protected by 2nd Amendment
Guns Save Lives ^ | August 12, 2014 | Dan Cannon

Posted on 08/12/2014 3:39:23 PM PDT by bamahead

In what looks to be a terrible ruling for Maryland gun owners a federal judge has essentially ruled that guns that were regulated by the state of Maryland last year, including AR-15 and AK style rifles (as well as other magazine fed, semi-auto rifles with certain features), “fall outside Second Amendment protection as dangerous and unusual arms,” according to a 47 page opinion by U.S. District Judge Catherine C. Blake.

The case in question is Kolbe et al v. O’Malley et al which named numerous plaintiffs including the Associated Gun Clubs of Baltimore, Maryland Licensed Firearms Dealers Association, Maryland State Rifle and Pistol Association, and the National Shooting Sports Foundation (NSSF), among others which challenged the constitutionality of Maryland’s strict new gun laws.

Here are some of Blake’s other comments [emphasis mine],

Upon review of all the parties’ evidence, the court seriously doubts that the banned assault long guns are commonly possessed for lawful purposes, particularly self-defense in the home, which is at the core of the Second Amendment right, and is inclined to find the weapons fall outside Second Amendment protection as dangerous and unusual.

First, the court is not persuaded that assault weapons are commonly possessed based on the absolute number of those weapons owned by the public. Even accepting that there are 8.2 million assault weapons in the civilian gun stock, as the plaintiffs claim, assault weapons represent no more than 3% of the current civilian gun stock, and ownership of those weapons is highly concentrated in less than 1% of the U.S. population.

The court is also not persuaded by the plaintiffs’ claims that assault weapons are used infrequently in mass shootings and murders of law enforcement officers. The available statistics indicate that assault weapons are used disproportionately to their ownership in the general public and, furthermore, cause more injuries and more fatalities when they are used.

As for their claims that assault weapons are well-suited for self-defense, the plaintiffs proffer no evidence beyond their desire to possess assault weapons for self-defense in the home that they are in fact commonly used, or possessed, for that purpose.

Finally, despite the plaintiffs’ claims that they would like to use assault weapons for defensive purposes, assault weapons are military-style weapons designed for offensive use, and are equally, or possibly even more effective, in functioning and killing capacity as their fully automatic versions.

Blake further points out that so called “assault weapons” are “disproportionately represented in mass shootings”. Blake’s comments are misguided at best and it would seem difficult to weigh her opinion against the Supreme Court’s Heller decision.

Blake is a Bill Clinton appointed judge.


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: Maryland
KEYWORDS: 2a; banglist; guns; secondamendment
Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 301-304 next last
To: bamahead

dangerous and unusual

So is a scroll saw.


101 posted on 08/12/2014 4:34:34 PM PDT by RinaseaofDs ((What is the R0 of Ebola Guinea?))
[ Post Reply | Private Reply | To 1 | View Replies]

To: ealgeone
maybe the internet and email are outside of the 1st amendment. just saying.

The first amendment has been dead for a long time; ever since 1919:

When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right.
compare and contrast with:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
There you have it; the Supreme Court has a long tradition of not caring about the Constitution.
102 posted on 08/12/2014 4:34:48 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: ChildOfThe60s

I have too. She said the Constitution was made at a different time when people mostly hunted for food and had to fear Indian raids.

She went on a diatribe about how we need to ban all guns. I told her, I don’t agree. I then said, if you feel that strongly about this, you should get an amendment movement going to repeal the 2nd amendment. Her response was, that will never happen so we just need to keep passing stricter and stricter gun laws.


103 posted on 08/12/2014 4:36:07 PM PDT by castlegreyskull
[ Post Reply | Private Reply | To 16 | View Replies]

To: bamahead

“the right the KEEP AND BEAR ARMS shall not be infringed.” The word “arms” in the 18th Century means “weapons.” It wasn’t just weapons for “self defense”, but those suitable for militia (military) duty. An AR-15 is a “weapon” suitable for “military” use. Has been since it was adopted in the 60s.

How stupid can a judge be? (rhetorically questions) In this circumstance, the “self-defense” reason for the Heller decision is distracting from the larger reason to keep and bear arms. You have that right both as an individual protection for self protection and to provide for community protection (answer the call of city, county, & state officials to perform militia duty).

For years the liberal judiciary wanted to just allow arms by “states” for their militias. Now they are forgetting that as well.

Black robed tyrants with manure for brains!


104 posted on 08/12/2014 4:36:08 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

AR-15’s are dangerous and unusual? Or are judges dangerous and unusual.


105 posted on 08/12/2014 4:36:15 PM PDT by jetson
[ Post Reply | Private Reply | To 1 | View Replies]

To: Joe Brower
Just the sort of divine wisdom we've come to expect from the government of Maryland.

Unfortunately, she's a FEDERAL judge, so her ruling could theoretically be used in other states.

I expect an vigorous appeal!

106 posted on 08/12/2014 4:36:48 PM PDT by Alas Babylon!
[ Post Reply | Private Reply | To 76 | View Replies]

To: raybbr
Guy with a bad toupee????????????

Just saying.

107 posted on 08/12/2014 4:37:46 PM PDT by The Cajun (Ted Cruz, Sarah Palin, Mark Levin, Mike Lee, Louie Gohmert....Nuff said.)
[ Post Reply | Private Reply | To 96 | View Replies]

To: bamahead
this ruling won't last for sh!t.

How long before a stay is issued by an appellate court? Weeks or a few months.

That's all there is to this story.

108 posted on 08/12/2014 4:38:14 PM PDT by Mariner (War Criminal #18)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead
Lets put a face on this Unconstitutional Communist.

I did not doctor this pic, she really does look like this..

109 posted on 08/12/2014 4:38:40 PM PDT by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Lol. Come and take it.


110 posted on 08/12/2014 4:40:16 PM PDT by demshateGod (The fool hath said in his heart, There is no God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Lol. Come and take it.


111 posted on 08/12/2014 4:40:16 PM PDT by demshateGod (The fool hath said in his heart, There is no God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

I was just thinking there’s too much freedom. :)


112 posted on 08/12/2014 4:41:22 PM PDT by Tzimisce
[ Post Reply | Private Reply | To 1 | View Replies]

To: GeronL; stevio
>> These judges all think they are emperors now.
>
> Yes they do. This is utter BS!

There are solutions.

Believe me, if judges that spout this sort of crap were hanged for it we'd see an overnight reform in the Judiciary.

113 posted on 08/12/2014 4:41:56 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 98 | View Replies]

To: bamahead
Only safe guns are covered by 2nd Amendment?
114 posted on 08/12/2014 4:43:29 PM PDT by Toddsterpatriot (Science is hard. Harder if you're stupid.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Catherine C. Blake...an appointee of BillyBob.Looks like a female who practices an alternate lifestyle.No surprise here.


115 posted on 08/12/2014 4:46:09 PM PDT by Gay State Conservative (Rat Party policy;Lie,deny,refuse to comply)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Define “unusual”...


116 posted on 08/12/2014 4:46:32 PM PDT by Lexinom
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

Blake is a flake. What else can you say about somebody so stupid?


117 posted on 08/12/2014 4:46:59 PM PDT by MadMax, the Grinning Reaper
[ Post Reply | Private Reply | To 1 | View Replies]

To: MaxMax

That pic looks “Dangerous and Unusual.”

MHO!


118 posted on 08/12/2014 4:49:35 PM PDT by Balata (Obama's Executive Branch = Low Information Executive Service = LIES)
[ Post Reply | Private Reply | To 109 | View Replies]

To: ChildOfThe60s; castlegreyskull

The simple comeback is that if the Constitution is locked in 1791, then the high speed printing press, television news, and and the Internet is not protected by the 1st Amendment because the founding fathers could never have envisioned them.


119 posted on 08/12/2014 4:50:13 PM PDT by Blood of Tyrants (The cure has become worse than the disease. Support an end to the WOD now.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: bamahead

Carrying out Obama’said directives.


120 posted on 08/12/2014 4:53:27 PM PDT by ZULU (https://www.youtube.com/watch?v=8qLDFiQcjlY Impeach Obama in 2015 !!!)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 81-100101-120121-140 ... 301-304 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson