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Thread: Maryland Federal Judge Upholds Gun Ban

  1. #1
    Regular Member Redbaron007's Avatar
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    Maryland Federal Judge Upholds Gun Ban

    Maryland says 'Assault Weapons' and large capacity mags are not welcome here; they are dangerous; not common enough. Here's the FOX article:
    http://www.foxnews.com/politics/2014...n-control-law/

    Also, for those who want to read the judges rant, here it is:
    http://michellawyers.com/wp-content/...ss-Motion1.pdf
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    Campaign Veteran skidmark's Avatar
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    Sadly, this is not "news". It's also not "news" that judges uphold existing laws unless you can show serious flaws in the law.

    Thankfully, there are some Marylanders who are working hard to change the laws behind the current restrictions.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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    Regular Member rightwinglibertarian's Avatar
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    The Judges 'ruling' is unwelcome more like as it's unconstitutional and can't even legally be made.

    Click image for larger version. 

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    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by rightwinglibertarian View Post
    The Judges 'ruling' is unwelcome more like as it's unconstitutional and can't even legally be made.
    Please check your bubble - I have great concerns that it has burst.

    Not that I support or agree with the "higher" court (Circuit Court of Appeals/SCOTUS) decisions, but the boat has already sailed on "reasonable restrictions".

    The work is in getting legislative changes so as to be able to make those decisions no longer viable.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Regular Member sudden valley gunner's Avatar
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    She had lots of serious flaws in her decisions.

    Her lack of ability or her unwillingness to do her job as a justice is blatant.

    Statist judges ruling in favor of the state has been happening for a long long time.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by skidmark View Post
    Please check your bubble - I have great concerns that it has burst.

    Not that I support or agree with the "higher" court (Circuit Court of Appeals/SCOTUS) decisions, but the boat has already sailed on "reasonable restrictions".

    The work is in getting legislative changes so as to be able to make those decisions no longer viable.

    stay safe.
    We should all be in the 'bubble' of insisting on constitutional carry. Thats the way it is regardless of the number of people who fail to accept the final authority of the Constitution. I would submit to you that you in fact do at least accept the rulings of SCOTUS etc because you are willing to submit to them regardless of whether it or any other court has the right to make the rulings it does.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Regular Member Maverick9's Avatar
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    I would hope that includes the police in the ban. If there are no 'assault weapons' then no need for the cops to be over-armed, no?

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    Hands up if anyone thought a different result ... no hands I figure

    SCOTUS may not take another significant case for 50 more years ....

    What ya gonna do?

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    Activist Member swinokur's Avatar
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    Plaintiffs said they will appeal to 4CA in Richmond.

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by swinokur View Post
    Plaintiffs said they will appeal to 4CA in Richmond.
    What is that quote about insanity ascribed to Einstein?

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  11. #11
    Activist Member swinokur's Avatar
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    Well I guess they feel they just can't give up and go home without exhausting all their options even if the outcome seems pretty predictable.

    I'm ok with that.

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    Regular Member Redbaron007's Avatar
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    Without reading all the reference cases; her predisposition seemed to leave the Gun Ban in place before she ever started the bench trial. When it came to having experts provide testimony, she seemed to side with the defendants and their 'experts' and gave them a little more leeway than the plaintiffs. She quoted Daubert decision several times (which is not out of the norm for experts); however, seemingly to justify the allowance of the experts for the defendants, but not necessarily for the plaintiffs.

    IMHO, she took great latitudes to get to her analysis of Heller I & II. Basically, she came to the conclusion that Heller I & II said it was ok to ban firearms that were not common and would provide great danger in public, i.e. machine guns. Therefore, since she was provided data that less than 3% of gun owners have an AR/AK platform, less than 1% for Maryland, this is not common enough. She said although millions have been sold, most of them were sales to already owners of the platform; subsequently, again, not a common firearm in the public. As for the large capacity magazines, based upon the defendants data, most home defense situations only require 2.5 shots; therefore, the 10 round max was more than sufficient.
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    Regular Member OC for ME's Avatar
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    Get your facts first, and then you can distort them as much as you please. - Mark Twain
    She apparently takes this little tidbit from Mr. Twain to heart.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by OC for ME View Post

    Get your facts first, and then you can distort them as much as you please. - Mark Twain
    She apparently takes this little tidbit from Mr. Twain to heart.
    She would do well with the Chinese Acrobats.
    "I can live for two weeks on a good compliment."
    ~Mark Twain

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    Regular Member Freedom1Man's Avatar
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    First off, you beat me to this news. That is cool I am glad that I was not the only one concerned enough to post it.

    Here is another article.
    http://www.grandviewoutdoors.com/art...us-and-unusual

    Quote Originally Posted by Maverick9 View Post
    I would hope that includes the police in the ban. If there are no 'assault weapons' then no need for the cops to be over-armed, no?
    Based on the following clip, I would say that the ban would have to affect the police.
    "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," Blake wrote in her August 12 opinion. "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."

    To me, this is saying that the police are only looking(/hoping?) to kill people by being armed with these model weapons. It would also imply that the police never use them for any lawful activity.

    Again that is just my opinion on what she said.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Regular Member wittmeba's Avatar
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    I don't recall the phrase "...dangerous and unusual..." being a criteria in the second amendment.

    And from the first posted article, "In summary...". Is it suggested that criminals are also going to follow this ban and not use these assault rifles and high capacity magazines?

    Our courts still think they can affect criminal behavior with laws and they keep trying at the expense of the law abiding citizens.

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    Quote Originally Posted by Redbaron007 View Post
    Therefore, since she was provided data that less than 3% of gun owners have an AR/AK platform, less than 1% for Maryland, this is not common enough. She said although millions have been sold, most of them were sales to already owners of the platform; subsequently, again, not a common firearm in the public. As for the large capacity magazines, based upon the defendants data, most home defense situations only require 2.5 shots; therefore, the 10 round max was more than sufficient.
    Well, based on those numbers, only 1.35mm-1.65mm own an AR/AK platform-based rifle. In the recording industry, that'd be certified Platinum.

    How the judge came to the belief that over a million rifles doesn't constitute common is amazingly idiotic. She lacked to provide a criteria for defining "common."

  18. #18
    Regular Member Redbaron007's Avatar
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    Quote Originally Posted by mikeyb View Post
    Well, based on those numbers, only 1.35mm-1.65mm own an AR/AK platform-based rifle. In the recording industry, that'd be certified Platinum.

    How the judge came to the belief that over a million rifles doesn't constitute common is amazingly idiotic. She lacked to provide a criteria for defining "common."
    She and the defendants stretched it quite a bit. There is no question, when reading her decision, she was doing everything in her power to not have to rule against it.

    If one reads her opinion, please make sure you pay attention to the footnotes. As in many professions, the footnotes tell the story or at least give a lot of context to the opinion.
    "I can live for two weeks on a good compliment."
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    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    To me, this is saying that the police are only looking(/hoping?) to kill people by being armed with these model weapons. It would also imply that the police never use them for any lawful activity.
    Well, by all appearances that's basically true.

  20. #20
    Activist Member swinokur's Avatar
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    will be appealed to the 4CA in Richmond.

  21. #21
    Regular Member Primus's Avatar
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    Quote Originally Posted by skidmark View Post
    What is that quote about insanity ascribed to Einstein?

    stay safe.
    "Life is like a box of chocolates..."

    Am I close?

    Sent from my XT907 using Tapatalk
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    LOL Insanity is quoting Einstein unread.
    I am responsible for my writing, not your understanding of it.

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