Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 301-304 next last
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)
[ Post Reply | Private Reply | To 37 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 1 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

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.)
[ Post Reply | Private Reply | To 31 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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)
[ Post Reply | Private Reply | To 35 | View Replies]

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.)
[ Post Reply | Private Reply | To 1 | View Replies]

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!)
[ Post Reply | Private Reply | To 26 | View Replies]

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
[ Post Reply | Private Reply | To 1 | View Replies]

To: mykroar

Appeal fodder.

They are not NFA which defines unusual under the law as it now stands.


51 posted on 08/12/2014 4:01:03 PM PDT by Bidimus1
[ Post Reply | Private Reply | To 46 | View Replies]

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,..

That's funny, I thought the 2nd amendment was all about fighting against tyranny??? (And it seems like the AR and AK long guns would be really handy for that purpose.)

Come to think of it, the recent goings-on in St. Louis are a good example of where those guns might come in handy as well.

52 posted on 08/12/2014 4:01:46 PM PDT by The Duke ("Forgiveness is between them and God, it's my job to arrange the meeting.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Born to Conserve

*rounds*


53 posted on 08/12/2014 4:02:42 PM PDT by Clint N. Suhks ( Laughter is the best medicine, unless you have diarrhea.)
[ Post Reply | Private Reply | To 31 | View Replies]

To: bamahead

OK Judge. That’s your opinion. How do you propose to enforce it?


54 posted on 08/12/2014 4:03:03 PM PDT by mosaicwolf (Strength and Honor)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bamahead

She is afraid.


55 posted on 08/12/2014 4:03:04 PM PDT by The Toll
[ Post Reply | Private Reply | To 1 | View Replies]

To: CivilWarBrewing

Gun laws don’t apply to the JBTs. Left wing judges like this believe that the government should have an absolute monopoly on power.


56 posted on 08/12/2014 4:03:15 PM PDT by Blood of Tyrants (The cure has become worse than the disease. Support an end to the WOD now.)
[ Post Reply | Private Reply | To 11 | View Replies]

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

The Supreme Court's ruling in Heller, which first recognized an individual right to own guns, said that the Second Amendment didn't apply to "dangerous and unusual" weapons, but didn't clarify what they meant by that. Most lower courts since Heller have said the exception applies to fully-automatic weapons, but SCOTUS has yet to revisit the issue.

57 posted on 08/12/2014 4:03:22 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 36 | View Replies]

To: reg45

The judge is a leftist with a tiny brain. How some pass the bar exam is the great question.


58 posted on 08/12/2014 4:03:45 PM PDT by stephenjohnbanker (The only people in the world who fear Obama are American citizens. KILL THE BILL!)
[ Post Reply | Private Reply | To 34 | View Replies]

To: bamahead

Radcliffe, Harvard Law, Clinton appointee. Figures!


59 posted on 08/12/2014 4:04:08 PM PDT by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: CivilWarBrewing

Obama’s DHS is loaded with assualt weapons.


60 posted on 08/12/2014 4:04:24 PM PDT by Lumper20 ( clown in Chief has own Gov employees Gestapo)
[ Post Reply | Private Reply | To 11 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 301-304 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson