Maryland Federal Judge upholds Assault Weapon and Magazine Ban

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usmarine0352_2005

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http://www.washingtontimes.com/news/2014/aug/12/federal-judge-upholds-strict-new-maryland-gun-laws/




Federal judge upholds strict new Maryland gun laws

By Matthew Cella - The Washington Times - Tuesday, August 12, 2014

A federal judge has upheld a package of strict firearms regulations that went into effect in Maryland last year.

In a 47-page opinion issued Tuesday, U.S. District Judge Catherine C. Blake said the law “seeks to address a serious risk of harm to law enforcement officers and the public from the greater power to injure and kill presented by assault weapons and large capacity magazines.”

“The Act substantially serves the government’s interest in protecting public safety, and it does so without significantly burdening what the Supreme Court has now explained is the core Second Amendment right of ‘law-abiding, responsible citizens to use arms in defense of hearth and home,’ ” she wrote.
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A liberal judge appointed by a liberal former President in a liberal state is upholding a liberal law. I am shocked!!!!

The government's interests!!! The liberals are only interested in controlling every facet of our lives.

I like the one where she said that "ownership of assault weapons and large-capacity magazines is comparatively rare and yet they are “disproportionately represented in mass shootings". Yes, AKs and ARs are some pretty "rare" firearms.

Does this woman know that the most popular firearms in police storage are small cheap pistols.

Glad I don't live in Maryland.
 
Kolbe [strike]Tardy[/strike] v. O'Malley, United States District Court for the District of Maryland.

Full opinion should appear here, eventually.

ETA thanks, Mr Ibis, for case party correction.
 
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http://gunssavelives.net/blog/court...s-and-unusual-not-protected-by-2nd-amendment/

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.
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The fact all of these laws have police officer exemptions gives the lie to these ideas that these guns are not for defensive purposes. The police don't have guns so they can commit mass murder, they have them so they can defend themselves, even when they are kicking in doors and serving warrants.

No defensive purpose means no law enforcement purpose.
 
Meanwhile over in Missouri, good people are using those same firearms and magazines to protect their property from looters and rioters.
 
I like the one where she said that "ownership of assault weapons and large-capacity magazines is comparatively rare and yet they are “disproportionately represented in mass shootings". Yes, AKs and ARs are some pretty "rare" firearms.

Does this woman know that the most popular firearms in police storage are small cheap pistols.
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She really doesn't care. She is making up the facts to support her predetermined decision. (she has a lifetime appointment and she knows who signs her paycheck)
 
Glad I don't live in Maryland.
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I think that's the real take-away from this, sadly . . .

The fact all of these laws have police officer exemptions gives the lie to these ideas that these guns are not for defensive purposes. The police don't have guns so they can commit mass murder, they have them so they can defend themselves, even when they are kicking in doors and serving warrants.
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Police are armed for self-defense and protection of the public. There are numerous scenarios where protection of the public requires the offensive use of firearms to eliminate an armed threat in the midst of commission of crimes. Arguing law enforcement exemptions with regards to weapons voids an opinion is not likely to be a winning argument, legally.
 
The Judge should be embarrassed at that decision. First she states that there is no dispute as to material facts in the case and then she proceeds to list each sides different sets of facts regarding gun ownership, commonality of such items, burden on gun owners, use in crime, etc.

Her own opinion is a perfect example of why it should not have been granted a MSJ for either party. The fact that she did so anyway, and then consistently chose one side's set of facts in justifying her claims gives the impression of bias.

From there she just did the Second Amendment two-step (find it doesn't infringe on the "core right" of self defense in the home only, apply an "intermediate scrutiny" that would be called a rational basis analysis by any honest person and then deny that the law infringes on anything), though to be fair, she is just following precedent in her circuit in that regard.

I guess I should be thankful it was such a poorly reasoned decision since that will leave plenty of opportunities to attack it on appeal.
 
That's a shame. Hopefully there will be a successful appeals.

At least Ares has their '50 state legal AR15' until then.
 
Federal judges and federal courts have been blessing "assault weapons" bans for a long time. In 1992 a federal appeals court upheld the CA "assault weapons ban".

http://www.nytimes.com/1992/05/24/us/california-assault-weapons-ban-is-upheld.html

The CT AWB was upheld by a federal judge:

http://articles.courant.com/2014-01...140130_1_gun-ownership-gun-control-gun-rights


The NY AWB was upheld by a federal judge:

http://articles.courant.com/2014-01...140130_1_gun-ownership-gun-control-gun-rights

Sadly, the MD "assault weapons ban" will likely be found constitutional by the court of federal appeals and SCOTUS.
 
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I have a feeling this is just another step on the road to national bans on hi cap guns and their mags. It's a battle the antis figure is winnable over the long run.
CCW is hard to fight because of SCOTUS rulings on sidearms but these sporting arms are scary to most uninitiated folks and are easily demonized.
 
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