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. OMalley 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 Marylands strict new gun laws.
Here are some of Blakes 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. Blakes comments are misguided at best and it would seem difficult to weigh her opinion against the Supreme Courts Heller decision.
Blake is a Bill Clinton appointed judge.
dangerous and unusual
So is a scroll saw.
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 IThere you have it; the Supreme Court has a long tradition of not caring about the Constitution.
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.
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.
“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!
AR-15’s are dangerous and unusual? Or are judges dangerous and unusual.
Unfortunately, she's a FEDERAL judge, so her ruling could theoretically be used in other states.
I expect an vigorous appeal!
Just saying.
How long before a stay is issued by an appellate court? Weeks or a few months.
That's all there is to this story.
I did not doctor this pic, she really does look like this..
Lol. Come and take it.
Lol. Come and take it.
I was just thinking there’s too much freedom. :)
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.
Catherine C. Blake...an appointee of BillyBob.Looks like a female who practices an alternate lifestyle.No surprise here.
Define “unusual”...
Blake is a flake. What else can you say about somebody so stupid?
That pic looks “Dangerous and Unusual.”
MHO!
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.
Carrying out Obama’said directives.
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.