Federal Judge Rules Millions of AR-15 Rifles Not Covered by Second Amendment

AR15 Gun Ban No Guns
Federal Judge Rules Millions of AR-15 Rifles Not Covered by Second Amendment
AmmoLand Gun News
AmmoLand Gun News

Manasquan, NJ –-(Ammoland.com)- U.S. Federal Judge Catherine C. Blake has released a lengthy opinion (see below)  which essentially says guns regulated by Maryland last year, including the AR-15 and the AK-style rifle-along with other magazine fed, semi-automatics fall outside Second Amendment protections, calling them “dangerous and unusual arms”.

 U.S. Federal Judge Catherine C. Blake
U.S. Federal Judge Catherine C. Blake, fails basic Constitution test, “shall not infringed means what?”

The opinion comes in a case brought by the Associated Gun Clubs of Baltimore, Maryland Licensed Firearms Dealers Association, Maryland State Rifle and Pistol Association and the National Shooting Sports Foundation (NSSF) brought challenging the constitutionality of Maryland's new law.

Among her arguments, Judge Blake wrote that “the court was not persuaded that assault weapons are commonly possessed based on the absolute number of those weapons owned by the public.”

“Blake went on to write that, even accepting the 8.2 million “assault weapons” in civilian hands, they represented no more than three percent of the current civilian gun stock with ownership “highly concentrated” into less than one-percent of the U.S. population.”

In a written statement one of the plaintiffs in the case, Maryland Shall Issue said;

“Maryland Shall Issue is disappointed to announce that the “Assault Weapons” ban provision of SB281 has been held constitutional by the District Court. We thank the judge for her willingness to hear our claims and render a timely opinion. ”

“We will be pursuing an appeal.”

Baltimore District Court Gun Ruling Gun Are Dangerous

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    DON
    Guest
    DON

    Lets all face it. The liberals want to disarm America so they can easily infringe upon us. They want to control our lives in every aspect because they feel we are to stupid to run our own lives. Stop voting these liberals in people unless you want to be slaves.

    TED
    Guest
    TED

    IN 1791 WHEN THE 2ND AMENDMENT WAS WRITTEN ALL GUNS WERE “MILITARY STYLE”!

    Fonzi
    Guest
    Fonzi

    If there are millions of them they must be common and not unique to the public. That makes them legal according to the Supreme Court.

    Berkley
    Guest
    Berkley

    It would really be great if real, actual Americans held these positions.

    Janek
    Guest
    Janek

    @CrustyOldGeezer – To answer your question, these ‘Progressives’ rule against the majority because they don’t really believe in a Democratic Republic as instituted by America’s founders. How many voter ballot petitions passed by majority have been reversed by judges?

    CrustyOldGeezer
    Guest
    CrustyOldGeezer

    One corrupt, agenda driven person that was politically appointed to a position she is completely unqualified for, judge makes an official declaration and the liberals proclaim victory.

    Why don’t the voices of 80 MILLION Law Abiding Firearms owners carry an equal amount of weight?

    Peter Grace
    Guest
    Peter Grace

    We should all contact our legislators and ask them to show some character and keep their oath of office.

    Tred Law
    Guest
    Tred Law

    @billybsea, What is there to acknowledged? “A well regulated militia” means the people should be well armed. Regulated in that time meant “supplied or trained”, NOT restricted by laws. Militia in that time meant the average male person on the street. Don’t tell me you think women should not have guns?

    Eric
    Guest
    Eric

    Because Alaska State Rights say “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. The INDIVIDUAL RIGHT to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State .”
    ken wood and billybsea should go live in kalifornia with all the socialist trash wanting to ban living.

    billybsea
    Guest
    billybsea

    Why is that the alleged pro-2nd Amendment folk refuse to acknowledge the prefatory clause: “A well regulated militia”……

    Kenneth Wood
    Guest
    Kenneth Wood

    Excellent! It’s about time a judge rendered such a verdict. Thank God there is still some common sense left in this ignorant country.

    Eric
    Guest
    Eric

    State laws ban full auto weapons , federal law bans civilian manufacture of post 1986 machine guns. Pre 1986 machine guns are lawful to transfer between individuals with an approved NFA form 4 unless your state prohibits it.39 states allow this.

    Janek
    Guest
    Janek

    @warbler – Why are you ‘warbling’ on about penis size? The only scientific study that links sex and ‘intellectual firepower’ concerns women. It seems the higher their IQ the less their desire for sex?

    William Carr
    Guest
    William Carr

    “Patriot-Research on August 14, 2014 at 11:47 AM said: Let get one thing straight, and I am not speaking from Laymen or ignorant perspective, I hold a JD in Law and we studied Constitutional Law in-depth in Law School and this Fed Judge has clearly used her power of the bench to over step her boundaries against the 2nd Amendment!” Wait. You claim a JD in Law, and you don’t realize the Judge simply upheld the Constitutionality of the law? That’s not undermining the Second Amendment. As long as people have the right to own the common weapons used in… Read more »

    Janek
    Guest
    Janek

    @Mark – A picture is worth a thousand words. It often helps show what ‘team’ they’re on.

    warbler
    Guest
    warbler

    Predictably, the small-penis ammosexual crowd has shown up to strut their intellectual firepower.
    pew! pew! pew! IP: 71.179.245.44

    Mark
    Guest
    Mark

    I’m curious, why did Ammoland feel it necessary to publish the judge’s picture? Wishful thinking perhaps? A good guy with a gun stops a bad judge with a gavel…. As for the second amendment, even members of the SCOTUS have opined that the it might not necessarily provide for the unfettered possession of all manner of weaponry. Further, while I’m sure some of you, scratch that, many of you, love to, “play militia,” on the weekends, we have a professional military and have no need of your delusions of grandeur. Lest I forget, when you blindly focus of the 2nd… Read more »

    James Veverka
    Guest
    James Veverka

    Go judge go! There is actually a clause in Scalias holding in Heker v DC about dangerous abd unusual guns

    Common Sense
    Guest
    Common Sense

    8| HAPPY-HAPPY-JOY-JOY

    Finally some common sense headway is being made.
    VOTE BLUE IN NOVEMBER

    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.”

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

    Wendy
    Guest
    Wendy

    Um, did those of you complaining about this ruling miss a pretty significant word in the 2nd Amendment? Please look up the meaning to well-regulated. You might learn something.

    Eric
    Guest
    Eric

    Once again I see “Public Safety” used as a reason to trim the Constitution . Also it is not against the law to own full auto suuppressed, short barrel weapons it requires NFA approval on form 1 , 3, or 4 . It might be against your state laws not Alaska’s law. 20mm cannons are legally owned in Alaska , they are called Destrucive devices and regulated by NFA laws.So what precedent is Daleks talking about?
    If people stood up for themselves and refused to be a victim there would be alot less crime.

    Mike11C
    Guest
    Mike11C

    To all you dipsh#ts referring to the AR-15 and the civilian model of the AK-47 as “assault rifles”, you are proudly displaying your total ignorance about guns. First of all, an “assault rifle” has the capability of “burst” or “fully automatic” fire. The AR-15 and the civilian model of the AK-47 are “semi automatic” ONLY. They are NOT “assault rifles”! Now that I have that out of the way, IF you think, for even a millisecond, that you or anyone else is going to take those weapons away from us, you had better think again. You haven’t seen violence. I’m… Read more »

    Ray
    Guest
    Ray

    …and queue the gun nuts in 3… 2… 1…

    …because ‘MURIKA!

    The Daleks
    Guest
    The Daleks

    Why do some people think that among all amendments, only the second one can have zero limitations? There are many precedents that proscribe the first: most famously, you can’t falsely shout “fire” in a crowded theater. And the Supreme Court ruled that there are times when fourth amendment protections of search and seizure take a back seat to public safety. Many people who yell and shout about the need for such exceptions, and who yell that government should violate the first amendment and enforce religion, are the same people who shout that the second amendment is immutable. And there are… Read more »

    Andrew Rei
    Guest
    Andrew Rei

    I’ve said/written many times that the Gun Nuts use four logical fallacies to try and justify their gun lunacy. The claim that assault weapons are needed for “hunting” is not only a logical fallacy, but dismissed out of hand by most hunters as ridiculous propaganda. Gun Nuts ought to thank their lucky stars that the Fascist Feckless Five Christian Con Coward SCOTUS majority takes a “Liberal” view on the Second Amendment…if they didn’t, you wouldn’t be able to possess a gun unless you were part of a “militia” (police force, National Guard, Military)…. Remember the first 13 words of the… Read more »

    Eric
    Guest
    Eric

    She violates Alaska’s Constitution that the Federal Government agreed to The right of the individual to bear arms.
    Machine guns , SBR and suppressors are legal .
    How about she needs a permit, be fingerprinted , submit 2 photos and show cause to use first amendment rights to speak on firearms. I bet she would have a mouthful of no.

    KenFromMS
    Guest
    KenFromMS

    I think the RDNK comment kinda sums it up. She does kind of come across as a Lesbo-Obamanoid-Leftist-AntiChrist appointee. When judges of this ilk are getting involved in the Legislative Process, the only solution is some sort of succession by not paying taxes and declaring sovereignty at the State, County, and Local Gated Community level.

    james
    Guest
    james

    I’m not a lawyer but I’ve watched just about every police and lawyer show on TV since the 1960’s so I think I am qualified to say… The Constitution and our Bill of Rights says it like it is, it is not up to some Judge, Politician, Law Enforcement Officer, TV News Anchor, Clergy, your next door neighbor, etc etc. to tell you or I what we can or can not have. If the Judge believes these rifles are ‘assault’ type of firearms, then what will she say about a high performance V8 car, speedboat, airplane or even that old… Read more »

    RDNK
    Guest
    RDNK

    Another obama appointee I’m sure. You can see liberal tyrannist all over the bitch !

    ray hampton
    Guest
    ray hampton

    comments and other forms of talking to some people is a WASTE of time , try talking to a skunk instead

    askeptic
    Guest
    askeptic

    I guess that she never read “Miller”.

    USPatriotOne
    Guest
    USPatriotOne

    People need to see this Judges ruling for what it really is…A Fed Gun Grab! Judge declares AR15 and AK47’s and the like Illegal. OB signs and Executive Order for all Americans to turn in their AR15’s, AK47’s and all Semi-Auto Rifles and Hand Guns since they are now illegal to own(that is what this ruling really states)! Nearly no one complies…OB declares Martial Law to get OUR Guns..!!! People, this is all part of the Commie/Muslim/NWO plan to destroy America and enslave “We the People,” and this Judge just put the final nail in our ability to defend ourselves… Read more »

    Doogie
    Guest
    Doogie

    I am worried more that judges feel they have the right to look beyond the actual written words and intent of the US Constitution rather than consider the wisdom of those that wrote it, regardless of their time in history. The Constitution is based on wisdom pulled from the histories of wise thinkers in the 17th Century and earlier such as John Locke and Algernon Sydney and going back more than 2200 years to ancients such as Homes and Cicero. There is NO PLACE for this woman judge to play politics. She should be pulled from the bench and disbarred.

    Patriot-Research
    Guest
    Patriot-Research

    Let get one thing straight, and I am not speaking from Laymen or ignorant perspective, I hold a JD in Law and we studied Constitutional Law in-depth in Law School and this Fed Judge has clearly used her power of the bench to over step her boundaries against the 2nd Amendment! The 2nd Amendment clearly states for one, “Shall Not Be Infringed” and this Judge has clearly infringed upon our 2nd Amendment Rights, two, in Law we used various test to validate Evidence in Court Cases, and the BIG TEST here in this case is whether or not the AR15… Read more »

    D. Murphy
    Guest
    D. Murphy

    Democrats, they can find the “right” in the Constitution to abort unborn childern, but not the right to keep and bear arms.

    rml042
    Guest
    rml042

    Judges, under the separation of powers doctrine, cannot overturn law (granted, they commit the act of overturning but the constitution has set up no such tribunal nor given judges that kind of authority to legislate from the bench or nullify law). The supremacy clause prohibits this activity and in accordance with 16th American Jurisprudence, 2nd edition, section 177, if, in fact, an unconstitutional law has been passed, it is unconstitutional from its inception…not from the date so branding it.

    thepunisher
    Guest
    thepunisher

    This is why I keep telling people that the main focus of a presidential election (as well as the Congress): IT’S THE JUDGES!… IT’S THE JUDGES!…

    Stan522
    Guest
    Stan522

    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.

    Seems clearly written to me…..

    TexStan
    Guest
    TexStan

    Obviously Judge Blake does not know the first thing about firearms, but is still considered qualified to opine. What h*rsesh*t.