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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: saintgermaine
Well, we already have sheriffs and police confiscating weapons around the country. I just have to wonder how long before that happens en masse at the behest of some federal regulator. Frankly, I look forward to seeing them try it.

The Second Amendment should have been the first. It is the only thing that has kept tyrants at bay, hence their extreme interest in destroying it. The Second Amendment, though, is only useful if one decides to exercise it, just like all other rights.

I wonder how much longer. It was time to water the Liberty Tree back around 1913; things have only gotten worse since. How much longer before people have well and truly had enough?

281 posted on 08/13/2014 12:19:51 PM PDT by ronnyquest (I spent 20 years in the Army fighting the enemies of liberty only to see marxism elected at home.)
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To: Uncle Miltie

Do you realize that the average citizen of the USA was better armed than the average soldier up until 1956?


282 posted on 08/13/2014 12:31:02 PM PDT by Ruy Dias de Bivar (SOUL BROTHER! This house is not armed! (Signs people thought would protect them in the 1960s))
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To: Personal Responsibility
Funny, I couldn’t locate the “dangerous and unusual” clause in the Constitution.

Nor could I. Also couldn't find where any inanimate object has Constitutional protection. I thought it was our rights that were protected...

283 posted on 08/13/2014 12:31:06 PM PDT by Shethink13
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To: Born to Conserve; ought-six
You don’t arm a militia with deer rifles that hold three shells.”

Since ought-six corrected the overall error in your statement, I'll just observe that the above comment is a bit fuzzy as well. The militia as conceived in the era cited did the job with deer rifles loading only a single projectile which consisted of separate components carefully loaded one at a time to form the final product to be fired. Mess up any one of those components and you got a potentially fatal "click" instead of a casualty producing (hopefully) BANG!

Moreover on the three shell capacity you mentioned, each shot should be producing a kill with each squeeze of the trigger and that's three dead enemies in a matter of moments. I'm pretty certain the George Washington would have appreciated those odds.

It matters not what you start with. Practicing the doctrine of TRADE UP produces much more satisfactory results in the long term. In other words:

If you have a knife, you can GET a handgun.

If you have a handgun, you can GET a rifle.

If you have a rifle, you can GET belt fed weapons.

If you have belt fed weapons, you can GET artillery, tanks, antiaircraft missiles or whatever you need to advance the agenda of freedom.

284 posted on 08/13/2014 12:32:16 PM PDT by ExSoldier (Stand up and be counted... OR LINE UP AND BE NUMBERED...)
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To: unread

I just have a minor disagreement with the “give me liberty or give me death” approach. That would mean that I lose. ‘Since I learned the difference half a century ago my attitude is “give me liberty, leave my ass alone, and expect death if you want to screw with me, my family, my stuff, or anything about my life.” I’m a two-eyes-for-one guy and stand ready to exercise the Code of the West. Semper Fi


285 posted on 08/13/2014 1:01:27 PM PDT by cherokee1 (skip the names---just kick the buttz)
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Comment #286 Removed by Moderator

To: TigersEye
This is a dangerous and unusual firearm.

That particular firearm is more unusual than most any other side-by-side. If you saw that movie, you might have noticed that when Doc Holliday first let loose with the two shot Street Howitzer he fired THREE shots in rapid succession.

287 posted on 08/13/2014 1:11:04 PM PDT by ExSoldier (Stand up and be counted... OR LINE UP AND BE NUMBERED...)
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To: Tolerance Sucks Rocks

LOL. . .yup . . but hey, hand-cranked ditto machines are unusual these days. . .

;-)


288 posted on 08/13/2014 1:29:21 PM PDT by Hulka
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To: ExSoldier
It was an early "Laz-type" full auto side-by-side.

His later designs, like the one above, have oddly found little acceptance in Hollywood action films. Pity!

289 posted on 08/13/2014 2:37:37 PM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: bamahead

It makes me think things I don’t like thinking. Such as “I hope her home gets invaded by thugs with pistols and she only has a six shooter to defend herself.”


290 posted on 08/13/2014 2:41:25 PM PDT by VerySadAmerican (Liberals were raised by women or wimps. And they're all stupid.)
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To: TigersEye
💃. that really rocks.
291 posted on 08/13/2014 2:52:53 PM PDT by skinkinthegrass (The end move in politics is always to pick up a weapon...eh? "Bathhouse" 0'Mullah? d8-)
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To: bamahead
Hey...that's great. I have an AR and an AK. Come get 'em, bitches!

Scouts Out! Cavalry Ho!

292 posted on 08/13/2014 3:28:59 PM PDT by wku man ("Weenie in a Hybrid" by 10 Pound Test - https://www.youtube.com/watch?v=LWdLDSB_6gY)
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To: 4mer Liberal; mrreaganaut

SMH ping


293 posted on 08/13/2014 4:36:44 PM PDT by reaganaut (Ex-Mormon, now Christian. "I once was lost but now am found, was blind but now I see")
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To: bamahead

I saw her photo and thought...
I am glad I am not a liberal. All their women are ugly lesbians.
I cannot remember a good looking liberal woman, any suggestions?


294 posted on 08/13/2014 5:55:17 PM PDT by WilliamRobert (We are doomed if good men stand by and do nothing.)
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To: bamahead

Since the AR-15 is Dangerous and Unusual, I would be happy to exchange my CAR-15 for an MA Deuce, with a couple of extra barrels.

Let me know when I can make the switch!


295 posted on 08/13/2014 7:38:45 PM PDT by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: Tolerance Sucks Rocks

Thanks for the ping!


296 posted on 08/13/2014 7:54:07 PM PDT by Alamo-Girl
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To: WilliamRobert
I cannot remember a good looking liberal woman, any suggestions?

Scarlett Johansson. It breaks my heart too! :(


297 posted on 08/13/2014 10:57:58 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: null and void

if the founders were ok with private citizens owning CANNONS ... then they’d have no problem with a modern rifle


298 posted on 08/13/2014 11:29:16 PM PDT by sten (fighting tyranny never goes out of style)
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To: bamahead
Two Businesses in Ferguson Riots Escaped Looting; nough said.
299 posted on 08/14/2014 5:26:50 AM PDT by Jimmy Valentine's brother ("When leftists donÂ’t get their way, they start shooting people and bombing buildings." - rr)
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To: Lazamataz
...or arrest the millions of owners.

Millions, you say? Doesn't sound "unusual" to me.

300 posted on 08/14/2014 1:16:38 PM PDT by gundog (Help us, Nairobi-Wan Kenobi...you're our only hope.)
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