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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: Fai Mao

Precisely.


261 posted on 08/13/2014 9:30:05 AM PDT by sauropod (Fat Bottomed Girl: "What difference, at this point, does it make?")
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To: NFHale; All

Somebody please alert me when a gun kills somebody all by itself.

ZZZZZZZZ......


262 posted on 08/13/2014 9:34:07 AM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
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To: stephenjohnbanker

Happens every day evidently...

Saw one of mine creeping stealthily - STEALTHILY, mind you - out of my rifle safe.

Had to jump on and put it in a choke hold to subdue it and cow it into submission.

And - I’m not proud of this, now... I actually had to use HARSH LANGUAGE on it... racist langauge, because it was, after all, a “black” rifle.

It was NOT happy, I assure you...


263 posted on 08/13/2014 9:39:25 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: bamahead

I beg to diffah. This is a dangerous and unusual firearm.

As a bonus the projectiles carry little ballistic evidentiary value with them.

I own several.

264 posted on 08/13/2014 10:01:09 AM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: bamahead

“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.”

%@#&)(&(*#%^%!$0!$!@#$

What garbage!

No, moron, 2ndA is NOT about “self-defense” in the home, it is about self- and community-defense against bad government. Like you. Get that through your head!

As for “unusual” - so, would a historic bayonet be so and somehow thus bannable to own? The Geneva may have banned its use in war but I am unaware that even collectors are prohibited from having them. Gee, in theory they could use them!

Where is this “dangerous and unusual” in the 2A?


265 posted on 08/13/2014 10:15:52 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Federal-run medical care is as good as state-run DMVs.)
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To: Fai Mao

Moronic judges such as this ass are more dangerous than any gun


266 posted on 08/13/2014 10:20:47 AM PDT by ballplayer
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To: NFHale

Have you read my short booklet ....

When Your Guns Turn on You ?


267 posted on 08/13/2014 10:29:10 AM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
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To: stephenjohnbanker

Why, no!

Do tell!

So far, I’ve been successful in subduing them. But one never knows, does one?


268 posted on 08/13/2014 10:33:04 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: bamahead

Hey Judge-—even if you’re right about the one percent, which you’re wrong about, that is a mighty serious one percent and I’d suggest not coming to get them.


269 posted on 08/13/2014 10:42:11 AM PDT by cherokee1 (skip the names---just kick the buttz)
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To: NFHale

1) Never let a liberal even touch your guns.


270 posted on 08/13/2014 10:45:18 AM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
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To: bamahead
Good Rifle

Bad Rifle

Evil Rifle

271 posted on 08/13/2014 10:48:41 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: mountainlion

Liberals or not you can still own a muzzle loading cannon with no restriction. A breech loader takes a little more paperwork but it can be done. Just to make the point one of my neighbors owns an 8” M115 howitzer that he restored to firing condition. And I still say a person of sound mind should be able to own anything the police or a municipality can own. One of our local ski slopes has a 105 howitzer on loan from the gummint to prevent avalanches. And I want one too.


272 posted on 08/13/2014 10:49:29 AM PDT by cherokee1 (skip the names---just kick the buttz)
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To: stephenjohnbanker

2) Don’t even let them THINK - or is that “feel” - about touching your guns...


273 posted on 08/13/2014 10:50:09 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: itsahoot

Yer pics just brought a tear to me eyes....

LOVE looking at pix of the chil’runs!!!

I gits so ... so... emotional....


274 posted on 08/13/2014 10:51:35 AM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: Doomonyou

You’d be 100% wrong about that. Puckle’s Patent precedes the revolutionary war by a decade or so. Puckle designed the first machine gun. The founders were technocrats and certainly knew about it——look it up yourself.


275 posted on 08/13/2014 10:54:06 AM PDT by cherokee1 (skip the names---just kick the buttz)
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To: mylife
Get ready for a smooth bore 50 cal.

Cheap substitute for 50 cal smooth bore.

276 posted on 08/13/2014 11:19:52 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: itsahoot

Holy Carp!!


277 posted on 08/13/2014 11:36:38 AM PDT by mylife
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To: bill1952
Love to ask him whether he prefers to be hit with a projective the size of a 55gr .223 or the golfball sized from a Brown Bess or other weapon of the day.
278 posted on 08/13/2014 11:38:05 AM PDT by ExSoldier (Stand up and be counted... OR LINE UP AND BE NUMBERED...)
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To: cripplecreek
Hell, I’m dangerous and unusual if you ask the right people.

Amen!

279 posted on 08/13/2014 11:40:02 AM PDT by ExSoldier (Stand up and be counted... OR LINE UP AND BE NUMBERED...)
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To: NFHale
Besides - the Supreme Court already decided that “military-style weapons”, etc., are indeed protected by the 2A. United States versus Miller 1939.

Courts can change their ruling, only you are bound by precedent.

280 posted on 08/13/2014 11:46:56 AM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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