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.
Muskets ... and single-page printing presses.
Obama’s Postal Service is loaded with “assault rifles”.
Lots of S is dangerous and unusual.
Case in point:
https://www.youtube.com/watch?v=WsBB93IqJkE&feature=player_detailpage#t=9
"A well regulated Militia,being necessary to the security of a free state...."
This woman obviously has no idea about the history of the 2nd.
looking at the Panther myself 308.
Just for caution’s sake, everybody might just see their way to get hold of a lever action rifle, as a possible backup.
This judge needs to have every person effected by his judgment, on that guy’s front lawn.
obviously has never read the 2nd amendment
Dangerous and unusual is impossible as the AR 15 can be fired by and has to be by everyone who is in the military. The AR 15 cannot be unusual if almost everyone who ever served since about 1966 has fired them.
Cracked and no basis in fact.
Pure emotional conjecture.
CWII Spark — Oh, I have an idea, let’s declare one of the most popular models of rifle “Dangerous and Unusual” and thereby exclude it from 2nd Amendment protection!
Obviously protection for the citizenry from idiots such as herself is beyond her ability to comprehend.
They’re going to lose the ‘dangerous and unusual’ argument. It won’t hold up.
Cathy is way off-base here.
Just the sort of divine wisdom we've come to expect from the government of Maryland.
The lines of division between free and collectivist states condition to widen.
The whole point of the 2nd Amendment is arming... the people.
B H Obama
Enjoy trying to take them, or arrest the millions of owners.
Hugs and kisses,
Laz
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