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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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Honestly sounds like Dianne Feinstein herself ghost-wrote the decision...
1 posted on 08/12/2014 3:39:23 PM PDT by bamahead
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To: Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!

2 posted on 08/12/2014 3:39:55 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: bamahead

So I guess the Constitution only applied to muskets


3 posted on 08/12/2014 3:41:58 PM PDT by Fai Mao (Genius at Large)
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To: bamahead

The Libety Tree is in a great need of watering.


4 posted on 08/12/2014 3:42:10 PM PDT by Renegade
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To: bamahead

Guns are dangerous? And some are “unusual”??

Just DARN!


5 posted on 08/12/2014 3:42:12 PM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
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To: bamahead

Guns are inherently dangerous when handled by idiots. Locked in a safe or even sitting on a table, they are perfectly innocuous. We cannot protect ourselves with puppies and sunshine...a fact this brainless buffoon obviously cannot comprehend.


6 posted on 08/12/2014 3:43:10 PM PDT by Politicalkiddo ("Never do anything against conscience, even if the State demands it." -Albert Einstein)
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To: bamahead
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.

So, using some of the reasoning in this ruling, one could argue that any protections for gays would be unusual, since they represent about 1 percent of the population...

Of course, the 2nd was never intended as a 'home defense' amendment; 'shall not be infringed' is pretty clear language. If these weapons were so unusual, they would not be mounted on the backs of police motorcycles, not to mention in patrol cars. 'Self defense', if that is the standard the government wants to take, includes defending oneself from the government. Hardly seems to be such a stretch that the people have the same firearms that the police think are necessary to carry out their jobs.

7 posted on 08/12/2014 3:43:57 PM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: Politicalkiddo
"We cannot protect ourselves with puppies and sunshine...a fact this brainless buffoon obviously cannot comprehend."

I think this judge comprehends that very well. Frighteningly well.

8 posted on 08/12/2014 3:44:05 PM PDT by Wyrd bið ful aræd (Asperges me, Domine, hyssopo et mundabor, Lavabis me, et super nivem dealbabor.)
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To: bamahead

Hell, I’m dangerous and unusual if you ask the right people.


9 posted on 08/12/2014 3:44:42 PM PDT by cripplecreek ("Moderates" are lying manipulative bottom feeding scum.)
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To: bamahead

Time to stock up on AK’s.They are easier to clean and you can beat the crap out of them.


10 posted on 08/12/2014 3:44:50 PM PDT by Renegade
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To: bamahead

Yikes. Who’s going to force the police depts to destroy all of their AR-15’s?


11 posted on 08/12/2014 3:46:29 PM PDT by CivilWarBrewing
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To: bamahead

Before there were liberals a person could own cannons.


12 posted on 08/12/2014 3:47:03 PM PDT by mountainlion (Live well for those that did not make it back.)
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To: bamahead

time to remove that judge.


13 posted on 08/12/2014 3:47:41 PM PDT by drypowder
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To: bamahead

These judges all think they are emperors now


14 posted on 08/12/2014 3:48:45 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: bamahead

I guess modern printers and computers fall outside the first amendment to this moron


15 posted on 08/12/2014 3:49:21 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: Fai Mao

I have had more than 1 liberal say just that to me.


16 posted on 08/12/2014 3:49:38 PM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: bamahead
Clinton appointee. Nuff said.
17 posted on 08/12/2014 3:49:40 PM PDT by fatnotlazy
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To: bamahead

Too bad.

Molon Labe.


18 posted on 08/12/2014 3:50:13 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: bamahead

We are well past the time where it is necessary to remove judges from the bench.


19 posted on 08/12/2014 3:50:14 PM PDT by RightOnTheBorder
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To: bamahead

Unusual? What BS to describe one of the most popular rifle models ever.
Dangerous? C’mon, there are thousands of useful products that are dangerous when used improperly.
This “judge” is dangerous and unusual.


20 posted on 08/12/2014 3:50:29 PM PDT by grumpygresh (Democrats delenda est. New US economy: Fascism on top, Socialism on the bottom.)
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To: stephenjohnbanker

Well, I certainly hope that guns are dangerous (to tyrant) and unusual (in a Leftist’s home) because otherwise I would have no interest in them.


21 posted on 08/12/2014 3:50:45 PM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: GeronL
The judge must have a misshapen head pressing on his cortex. As if more proof is needed...maryland is THE Freak state. Escape while you can.
22 posted on 08/12/2014 3:50:53 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: Wyrd bið ful aræd

Perhaps. Or maybe you’re giving her too much credit.


23 posted on 08/12/2014 3:50:59 PM PDT by Politicalkiddo ("Never do anything against conscience, even if the State demands it." -Albert Einstein)
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To: drypowder

Time to feed the hogs.


24 posted on 08/12/2014 3:51:01 PM PDT by DCBryan1 (No realli, moose bytes can be quite nasti!!)
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To: mountainlion
Before there were liberals a person could own cannons.

You can own anything you want. Liberals be damned.

Just be sure to keep it secret so they don't know about it until it's too late. (-;

25 posted on 08/12/2014 3:51:29 PM PDT by MeganC (It took Democrats four hours to deport Elian Gonzalez)
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To: stephenjohnbanker

She’s an idiot, and not fit to sit on the bench.


26 posted on 08/12/2014 3:51:35 PM PDT by NFHale (The Second Amendment - By Any Means Necessary.)
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To: fwdude

No kidding


27 posted on 08/12/2014 3:51:40 PM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
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To: Renegade

There is no shortage of fools who can’t see what is happening to this country. Slowly but surely descending in to the abyss of total governmental control, not too far away from a dictator ship. As one of the Freepers commented “The tree of liberty is in dire need of watering”


28 posted on 08/12/2014 3:51:46 PM PDT by saintgermaine
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To: bamahead

Of course, all the violent criminals who have one will rush down to the police station to turn them in.


29 posted on 08/12/2014 3:52:08 PM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: bamahead; All
 photo Ralphie-Red-Ryder-BB-Gun-AR-15-Christmas-Story.jpg

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30 posted on 08/12/2014 3:52:36 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: bamahead

The whole point of the 2nd Amendment is arming a MILITIA. You don’t arm a militia with deer rifles that hold three shells.


31 posted on 08/12/2014 3:53:02 PM PDT by Born to Conserve
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To: bamahead

maybe the internet and email are outside of the 1st amendment. just saying.


32 posted on 08/12/2014 3:53:25 PM PDT by ealgeone (obama, borderof)
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To: Renegade

> The Libety Tree is in a great need of watering.

Much pruning needed as well...


33 posted on 08/12/2014 3:53:43 PM PDT by jsanders2001
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To: stephenjohnbanker

I think that the judge is “dangerous and unusual”.


34 posted on 08/12/2014 3:54:03 PM PDT by reg45 (Barack 0bama: Implementing class warfare by having no class.)
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To: Fai Mao
So I guess the Constitution only applied to muskets

That is a 100% FACT.

Muskets were the "assault weapons" of the time.

35 posted on 08/12/2014 3:54:07 PM PDT by Doomonyou (Let them eat Lead.)
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To: bamahead

This ruling has already been struck down by the SCOTUS. This judge is delusional.


36 posted on 08/12/2014 3:55:35 PM PDT by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: Renegade

The ultimate practical carbine for the average person when the s*** hits the fan.

Designed to function reliably for illiterate drunken conscripts that fall down in the mud a lot.

Just calling my name.


37 posted on 08/12/2014 3:55:42 PM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: bamahead

Maybe nows a good time to sell my Core15 AR and buy a DPMS or maybe a sig.


38 posted on 08/12/2014 3:56:32 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: OneWingedShark

Ping!


39 posted on 08/12/2014 3:56:39 PM PDT by dware (3 prohibited topics in mixed company: politics, religion and operating systems...)
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To: bamahead
"... particularly self-defense in the home, which is at the core of the Second Amendment right, …"

Wait…..huh?
I suppose it's implied, but calling it "core"??? Insane.

40 posted on 08/12/2014 3:57:19 PM PDT by moehoward
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To: ChildOfThe60s

Every good law-abiding (real law) should own one. Wish I did.


41 posted on 08/12/2014 3:57:48 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: bamahead
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,

He has already gotten it wrong with the first sentence. The 2A states in the beginning its purpose, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.". And who is the Militia? By FEDERAL LAW, it is comprised of all able bodied citizens.

42 posted on 08/12/2014 3:58:13 PM PDT by Blood of Tyrants (The cure has become worse than the disease. Support an end to the WOD now.)
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To: bamahead

43 posted on 08/12/2014 3:58:15 PM PDT by Brother Cracker ( Mossberg 500 helps me deal with being old and cranky)
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To: bamahead
Upon review of all the parties’ evidence, the court seriously doubts that the banned assault long guns are commonly possessed for lawful purposes,

Bzzzz! Wrong answer. Very few of the total in circulation show up at crime scenes.

particularly self-defense in the home, which is at the core of the Second Amendment right,

Bzzzz! Wrong answer. Defense against tyranny, such as Judge Blake, is at the core of the Second Amendment.

and is inclined to find the weapons fall outside Second Amendment protection as dangerous and unusual.

They certainly can be dangerous, especially to tyrants. They are only unusual in places where they are restricted.

Oh, and they are not "assault weapons" and Blake should be removed for using political rhetoric to support her pre-determined conclusion.

44 posted on 08/12/2014 3:58:23 PM PDT by MileHi
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To: Born to Conserve


The Founder's Intent

45 posted on 08/12/2014 3:58:31 PM PDT by DocRock (All they that TAKE the sword shall perish with the sword. Matthew 26:52 Gun grabbers beware.)
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To: bamahead
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

Wrong ditz. The core is to protect us from idiots like you.

46 posted on 08/12/2014 3:58:51 PM PDT by mykroar (This is an insult to the nation's intelligence and these days, that isn't easy.)
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To: Doomonyou; Fai Mao

Some muskets were rather large and crew-served too


47 posted on 08/12/2014 3:59:21 PM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: bamahead

I don’t give a rats ass what some black robed tyrant says.

Period.


48 posted on 08/12/2014 3:59:30 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: NFHale

Too many dang idiots on the bench.


49 posted on 08/12/2014 3:59:51 PM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
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To: bamahead

Appointed by clinton, but from wiki: “She was confirmed by the United States Senate on August 11, 1995”

Everybody, repeat after me: “thank you, Bob Dole”


50 posted on 08/12/2014 4:00:58 PM PDT by lowbridge
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