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.
And these.
And only if they are to be used for hunting./s
“(as well as other magazine fed, semi-auto rifles with certain features),”
Wonder what features she had in mind?
Graduated from Harvard Law and appointed by Clinton in 1995. Whaddaya expect. She’s had her 15 minutes of fame. It will be overturned by the SCOTUS.
Seems to me that that standard can be applied to judges and politicians.
It sure can.
“...self-defense in the home, which is at the core of the Second Amendment right...”
Where did she read this piece illiterate Krap in the Constitiuton?
U.S. District Dishonorable Judge Catherine C. Blake (appointed by Traitorslickwillie) is a traitor to the United States of America. This judicial skank needs to be impeached and convicted, removed for the court, then indicted, tried convicted, and sentenced for giving aid and comfort to the enemy... and stealing oxygen.
But I don’t expect one single Republican politician to stand up and call its decision for what it is.
Yeah, well allowing Commies like Holder to run Justice and liberal morons like Chuck Hagel to run Defense is also dangerous and unusual.
It seems like the country is pretty close to dead. Maybe it can be saved but I honestly doubt it.
An AR-15 must look mean to the dumba$$ twit, we should only own friendly looking rifles with a smiley face on the stock, I guess.
Judges are usually sworn to uphold the constitution. How did this enemy agent sneak in?
It’s ok, I have the “Hello Kitty” model!
Get ready for a smooth bore 50 cal.
Judge Catherine C. Blake. No mention of a spouse in any biography I can find.
The often misunderstood US v. Miller backs up your contention.
That SCOTUS emphasized that weapons protected by the 2nd Amendment would be those that are commonly used by the military.
In that case they said sawed off shotguns fell outside said protection.
Nevertheless I agree that the purpose of the 2A is to give the people the ability to resist tyranny.
I have no idea where this case is headed in the appellate courts.
Yes they do. This is utter BS!
Tell those on the southern border that they don’t need a weapon to match the cartels and criminals.
Tell those in Nevada that they don’t need a weapon that matches those the authorities are wrongfully too willing to point at us average American citizens.
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