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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
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To: stephenjohnbanker

Well, I certainly hope that guns are dangerous (to tyrant) and unusual (in a Leftist’s home) because otherwise I would have no interest in them.


21 posted on 08/12/2014 3:50:45 PM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: GeronL
The judge must have a misshapen head pressing on his cortex. As if more proof is needed...maryland is THE Freak state. Escape while you can.
22 posted on 08/12/2014 3:50:53 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: Wyrd bið ful aræd

Perhaps. Or maybe you’re giving her too much credit.


23 posted on 08/12/2014 3:50:59 PM PDT by Politicalkiddo ("Never do anything against conscience, even if the State demands it." -Albert Einstein)
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To: drypowder

Time to feed the hogs.


24 posted on 08/12/2014 3:51:01 PM PDT by DCBryan1 (No realli, moose bytes can be quite nasti!!)
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To: mountainlion
Before there were liberals a person could own cannons.

You can own anything you want. Liberals be damned.

Just be sure to keep it secret so they don't know about it until it's too late. (-;

25 posted on 08/12/2014 3:51:29 PM PDT by MeganC (It took Democrats four hours to deport Elian Gonzalez)
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To: stephenjohnbanker

She’s an idiot, and not fit to sit on the bench.


26 posted on 08/12/2014 3:51:35 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: fwdude

No kidding


27 posted on 08/12/2014 3:51:40 PM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
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To: Renegade

There is no shortage of fools who can’t see what is happening to this country. Slowly but surely descending in to the abyss of total governmental control, not too far away from a dictator ship. As one of the Freepers commented “The tree of liberty is in dire need of watering”


28 posted on 08/12/2014 3:51:46 PM PDT by saintgermaine
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To: bamahead

Of course, all the violent criminals who have one will rush down to the police station to turn them in.


29 posted on 08/12/2014 3:52:08 PM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: bamahead; All
 photo Ralphie-Red-Ryder-BB-Gun-AR-15-Christmas-Story.jpg

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30 posted on 08/12/2014 3:52:36 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: bamahead

The whole point of the 2nd Amendment is arming a MILITIA. You don’t arm a militia with deer rifles that hold three shells.


31 posted on 08/12/2014 3:53:02 PM PDT by Born to Conserve
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To: bamahead

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


32 posted on 08/12/2014 3:53:25 PM PDT by ealgeone (obama, borderof)
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To: Renegade

> The Libety Tree is in a great need of watering.

Much pruning needed as well...


33 posted on 08/12/2014 3:53:43 PM PDT by jsanders2001
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To: stephenjohnbanker

I think that the judge is “dangerous and unusual”.


34 posted on 08/12/2014 3:54:03 PM PDT by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: Fai Mao
So I guess the Constitution only applied to muskets

That is a 100% FACT.

Muskets were the "assault weapons" of the time.

35 posted on 08/12/2014 3:54:07 PM PDT by Doomonyou (Let them eat Lead.)
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To: bamahead

This ruling has already been struck down by the SCOTUS. This judge is delusional.


36 posted on 08/12/2014 3:55:35 PM PDT by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: Renegade

The ultimate practical carbine for the average person when the s*** hits the fan.

Designed to function reliably for illiterate drunken conscripts that fall down in the mud a lot.

Just calling my name.


37 posted on 08/12/2014 3:55:42 PM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: bamahead

Maybe nows a good time to sell my Core15 AR and buy a DPMS or maybe a sig.


38 posted on 08/12/2014 3:56:32 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: OneWingedShark

Ping!


39 posted on 08/12/2014 3:56:39 PM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: bamahead
"... particularly self-defense in the home, which is at the core of the Second Amendment right, …"

Wait…..huh?
I suppose it's implied, but calling it "core"??? Insane.

40 posted on 08/12/2014 3:57:19 PM PDT by moehoward
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