Nut-job Conspiracy Theory Ping!
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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.
Not going to happen.
Those who govern do so at the consent of the governed, revocable, any time.
At the time of the founding of this nation, cannons were owned by citizens.
They were also the LARGEST ARMS OF THEIR TIME.
Looks like a young patsy shroeder, D colo
All I needed to know was summed up just in that one bit of disingenuousness right there.
We must also address the District's requirement (as applied to respondent's handgun) that firearms in the home be rendered and kept inoperable at all times. This makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional.
Give up your weapons, surrender your freedom.
And NFA defines unusual in this context only because NFA virtually prohibited several categories, making them unusual.
Banning something not uncommon, then justifying the ban because it became rare, is disingenuous.
A footnote in Heller noted that if M16s could be banned, then the 2nd A would be meaningless - ergo, any such ban is flatly unconstitutional.
Being a footnote it carries no legal weight, but does constitute a “don’t go there” warning.
Speaking as a LEO....I hate this ruling.....I love my personally owned AR
Nut-job Conspiracy Theory Ping!
To get onto The Nut-job Conspiracy Theory Ping List you must threaten to report me to the Mods if I don't add you to the list...
When will these be deemed illegal by some idiot judge?
Bridgeport Mill
Clausing-Colchester Lathe
Drill Presses
Lagun Lathe
Surface Grinder
Cylinder Grinder
Vertical Bandsaw
Horizontal Bandsaw
Steel and Plastic
End result =
AR-15
The Right of the People to Keep and Bear Arms shall not be infringed.
Says nothing about dangerous or unusual.
This judge has absolutely no authority; he has violated his oath to protect and defend the Constitution. He has made himself a domestic enemy.
I thing the legal term is Boot Strapping.
Sounds like tyranny to me.
I have three of those! HA!
>>Who’s going to force the police depts to destroy all of their AR-15’s?<<
I hope they take real good care of them. After all they are our rifles.!
Why should she? There are plenty of government thugs who would be happy to do it for her.
Sadly, you'll even find folks here who will spout "the law is the law" nonsense.
Anyone attempting to collect weapons of any kind from the public is a clear and present danger to the republic, and should die a quick death at the hands of the public at large.
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