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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
So I guess the Constitution only applied to muskets

And these.

81 posted on 08/12/2014 4:18:18 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Fai Mao
So I guess the Constitution only applied to muskets

And only if they are to be used for hunting./s

82 posted on 08/12/2014 4:18:22 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: OneWingedShark
Unusual:

 photo ultimatemachinegunci9_zps9841341f.jpg

Not unusual:

 photo larueblackonblack_zps660dbaf0.jpg

83 posted on 08/12/2014 4:19:10 PM PDT by vox_freedom (America is being tested as never before in its history. May God help us.)
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To: bamahead

“(as well as other magazine fed, semi-auto rifles with certain features),”

Wonder what features she had in mind?


84 posted on 08/12/2014 4:19:44 PM PDT by longhorn too
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To: bamahead

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.


85 posted on 08/12/2014 4:21:22 PM PDT by tom h
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To: stephenjohnbanker
Guns are dangerous? And some are “unusual”??

Seems to me that that standard can be applied to judges and politicians.

86 posted on 08/12/2014 4:21:41 PM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: Mastador1

It sure can.


87 posted on 08/12/2014 4:23:54 PM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
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To: Born to Conserve

“...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?


88 posted on 08/12/2014 4:25:01 PM PDT by Red_Devil 232 ((VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!))
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To: bamahead

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.


89 posted on 08/12/2014 4:25:02 PM PDT by Carl Vehse
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To: bamahead

Yeah, well allowing Commies like Holder to run Justice and liberal morons like Chuck Hagel to run Defense is also dangerous and unusual.


90 posted on 08/12/2014 4:25:06 PM PDT by tom h
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To: bamahead

It seems like the country is pretty close to dead. Maybe it can be saved but I honestly doubt it.


91 posted on 08/12/2014 4:25:40 PM PDT by yarddog (Romans 8: verses 38 and 39. "For I am persuaded".)
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To: bamahead
Crackpot, idiot, liberal judge.

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.

92 posted on 08/12/2014 4:28:13 PM PDT by The Cajun (Ted Cruz, Sarah Palin, Mark Levin, Mike Lee, Louie Gohmert....Nuff said.)
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To: bamahead

Judges are usually sworn to uphold the constitution. How did this enemy agent sneak in?


93 posted on 08/12/2014 4:28:43 PM PDT by faithhopecharity ((Brilliant, Profound Tag Line Goes Here, just as soon as I can think of one..))
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To: OneWingedShark; bamahead

It’s ok, I have the “Hello Kitty” model!


94 posted on 08/12/2014 4:29:44 PM PDT by dynachrome (Vertrou in God en die Mauser)
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To: bamahead

Get ready for a smooth bore 50 cal.


95 posted on 08/12/2014 4:30:18 PM PDT by mylife
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To: bamahead

Judge Catherine C. Blake. No mention of a spouse in any biography I can find.

96 posted on 08/12/2014 4:30:56 PM PDT by raybbr (Obamacare needs a death panel.)
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To: Born to Conserve

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.


97 posted on 08/12/2014 4:30:56 PM PDT by Clump ( the tree of liberty is withering like a stricken fig tree)
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To: GeronL

Yes they do. This is utter BS!


98 posted on 08/12/2014 4:31:03 PM PDT by stevio (God, guns, guts.)
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To: bamahead

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.


99 posted on 08/12/2014 4:33:33 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: bamahead
according to a 47 page BS opinion by the dishonorable U.S. District Judge Catherine C. Blake
100 posted on 08/12/2014 4:34:24 PM PDT by smokingfrog ( sleep with one eye open (<o> ---)
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