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Fed Court upholds MD AW ban - Kolbe v. O'Malley

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  • #31
    CG of MP
    Senior Member
    • Sep 2002
    • 681

    I am not so sure that this does nto have a silver lining.

    Is not the ruling COMPLETELY against the SCOTUS decission which specifically has dicta that contravenes banning an entire class of weapon?

    Also nobody in their right mind can arge in 2014 that an AR is not a common use rifle.

    This is super ripe for an overturn.
    Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.
    Miranda vs. Arizona
    The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes...
    District of Columbia vs. Heller
    sigpic

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    • #32
      dustoff31
      Calguns Addict
      • Apr 2007
      • 8209

      Originally posted by 300
      The people of Maryland need to find a way to remove this "judge".
      Since she is a federal judge, the people of Maryland have nothing to say about her job security.

      What they could do however, is get rid of the politicians who wrote and enacted these laws.
      "Did I say "republic?" By God, yes, I said "republic!" Long live the glorious republic of the United States of America. Damn democracy. It is a fraudulent term used, often by ignorant persons but no less often by intellectual fakers, to describe an infamous mixture of socialism, miscegenation, graft, confiscation of property and denial of personal rights to individuals whose virtuous principles make them offensive." - Westbrook Pegler

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      • #33
        CitaDeL
        Calguns Addict
        • May 2007
        • 5843

        Originally posted by CG of MP
        I am not so sure that this does nto have a silver lining.

        Is not the ruling COMPLETELY against the SCOTUS decission which specifically has dicta that contravenes banning an entire class of weapon?

        Also nobody in their right mind can arge in 2014 that an AR is not a common use rifle.

        This is super ripe for an overturn.
        Agreed. You will note that she didn't mention that rifles of all kinds are used less frequently in crime than all other weapons- but the frequency of use in 'mass shootings' was justification to call them 'dangerous and unusual'. If this is the metric that determines whether a firearm can be disqualified as 'common use' how much more will handguns be 'dangerous and unusual'? Ooops yeah. Heller. But ignore that, because only a few people own AR-15s...

        This will get smacked down because the judge failed to really articulate what tangible fact makes an AR-15 substantially more unusual and dangerous than a Ruger Mini-14 ranch rifle.



        Sometimes the law defends plunder and participates in it. Sometimes the law places the whole apparatus of judges, police, prisons and gendarmes at the service of the plunderers, and treats the victim -- when he defends himself -- as a criminal. Bastiat

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        • #34
          curtisfong
          Calguns Addict
          • Jan 2009
          • 6893

          But tincon claims judges never display malfesance. So clearly either AR pattern rifles truly aren't one of the most common rifles in the country, or they are predominantly used illegally, or an incompetent lawyer failed to inform the judge that AR pattern rifles are one of the most common rifles in the country, and that they are predominantly used legally.

          Or, you know, it was just an honest mistake.

          Last edited by curtisfong; 08-12-2014, 5:40 PM.
          The Rifle on the WallKamala Harris

          Lawyers and their Stockholm Syndrome

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          • #35
            300
            Junior Member
            • Mar 2007
            • 50

            Originally posted by dustoff31
            Since she is a federal judge, the people of Maryland have nothing to say about her job security.

            What they could do however, is get rid of the politicians who wrote and enacted these laws.

            The people always have a say. I guess its just a matter of how much tyranny a people will abide.

            Working within the system to remove judges such as these is futile.

            Comment

            • #36
              marcusrn
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Mar 2010
              • 1176

              Unilateral disarmament!This is not a new concept from a female progressive judge. Coming much less from a place of citizenship than from the ruling class.

              Did Judge Irma Gonzalez of Peruta actually think that an unloaded revolver would protect females from rapists? I don't think so.
              Last edited by marcusrn; 08-12-2014, 6:12 PM.
              sigpic

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              • #37
                CCWFacts
                Calguns Addict
                • May 2007
                • 6168

                Originally posted by Lifeon2whls
                So she's saying that millions of people who LEGALLY own these types of guns are not doing so for lawful purposes. So much fail here...
                My understanding is that the AR15 is the most common rifle in the US at this point, and all the major manufacturers sell them. Obviously this is going to be appealed.
                "Weakness is provocative."
                Senator Tom Cotton, president in 2024

                Victoria "Tori" Rose Smith's life mattered.

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                • #38
                  dustoff31
                  Calguns Addict
                  • Apr 2007
                  • 8209

                  Originally posted by 300
                  The people always have a say. I guess its just a matter of how much tyranny a people will abide.

                  Working within the system to remove judges such as these is futile.

                  Judges like these would be largely irrelevant if people paid attention to what they were doing in the first place. Those who rely on the legal system to protect their rights are disappointed much more often than they are pleased with the outcomes.

                  The people must exercise their say much closer to home. See, if in this case, anti gun politicians had not been elected, they would not able to pass this bill. If there was no bill passed, the governor would have nothing to sign into law. If there is no law, there is nothing for judges like this to decide on.
                  "Did I say "republic?" By God, yes, I said "republic!" Long live the glorious republic of the United States of America. Damn democracy. It is a fraudulent term used, often by ignorant persons but no less often by intellectual fakers, to describe an infamous mixture of socialism, miscegenation, graft, confiscation of property and denial of personal rights to individuals whose virtuous principles make them offensive." - Westbrook Pegler

                  Comment

                  • #39
                    chris
                    I need a LIFE!!
                    • Apr 2006
                    • 19447

                    Originally posted by ChrisC
                    But the current SCOTUS has a majority of conservatives. And what have they done other than refuse to take 2A cases?
                    Originally posted by IVC
                    Heller and McDonald come to mind...
                    many of us know that. but he may have missed the news those days.
                    http://govnews.ca.gov/gov39mail/mail.php
                    sigpic
                    Thank your neighbor and fellow gun owners for passing Prop 63. For that gun control is a winning legislative agenda.
                    https://www.youtube.com/watch?v=Z6Dj8tdSC1A
                    contact the governor
                    https://govnews.ca.gov/gov39mail/mail.php
                    In Memory of Spc Torres May 5th 2006 al-Hillah, Iraq. I will miss you my friend.
                    NRA Life Member.

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                    • #40
                      choprzrul
                      Calguns Addict
                      • Oct 2009
                      • 6539

                      Someone needs to point out to this activist judge that assault weapons have been proven to be exceptionally appropriate self defense weapons by hundreds of thousands of our young war fighters over in the sand box. Every time a building was searched and/or cleared, multiple assault weapons were used.

                      .

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                      • #41
                        keep_ur_powder_dry
                        Senior Member
                        • Feb 2009
                        • 594

                        A Bill Clinton babe.

                        gb
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                        • #42
                          wireless
                          Veteran Member
                          • May 2010
                          • 4346

                          A simple search of "ar-15 defense gun use" on google will yield plenty of results showing people using their ARs for self defense.

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                          • #43
                            Ford8N
                            Banned
                            • Sep 2002
                            • 6129

                            Originally posted by Fatgunman
                            If this decision stands, people who live in the state of California are really gonna get hosed. DeLeon is probably calling Steinberg and plotting a ban right now.
                            I wish they would just ban all firearms in California, it's what the majority of voters want.

                            Comment

                            • #44
                              wildhawker
                              I need a LIFE!!
                              • Nov 2008
                              • 14150

                              In common use for lawful purposes like/including self-defense != in common use for lawful purposes of self-defense.

                              -Brandon
                              Brandon Combs

                              I do not read private messages, and my inbox is usually full. If you need to reach me, please email me instead.

                              My comments are not the official position or a statement of any organization unless stated otherwise. My comments are not legal advice; if you want or need legal advice, hire a lawyer.

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                              • #45
                                gobler
                                Veteran Member
                                • Mar 2010
                                • 3348

                                I pray that the citizens of MA have the same balls as the citizens of CT and ignore this rulling...
                                200 bullets at a time......
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                                Subscribe to my YouTube channel ---->http://www.youtube.com/user/2A4USA

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