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Scuba

(53,475 posts)
Sat Aug 16, 2014, 10:27 AM Aug 2014

Federal District Court: Assault Weapons ‘Outside Second Amendment Protection’

http://www.liberalamerica.org/2014/08/15/federal-district-court-assault-weapons-outside-second-amendment-protection/



Sorry, gun lovers. The Second Amendment doesn’t include protection of AR-15s, AK-47s, and other assault weapons, a U.S. District court recently ruled.

Stephen Kolbe and other plaintiffs attempted to contest Maryland’s Firearm Safety Act of 2013, which outlawed the sale of particular assault weapons, specifying 45 different models. The Act was introduced in Maryland legislature in Jan. 2013 shortly after the infamous Sandy Hook shooting in Connecticut. After extended debate and amendment proposals, the bill finally passed in April of that same year, and was signed into law by Gov. Martin O’Malley shortly after on May 16.

In Kolbe et al vs O’Mally et al, filed in Sept. 2013, the complainants argued that the legislation violated their constitutional rights, even though the Act excluded all weapons that were rightfully owned prior to its becoming law. On Aug. 12, however, Judge Catherine Blake ruled that the guns specified in the Act “fall outside Second Amendment protection as dangerous and unusual.”

“(T)he 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(.)”

Kolbe et al also claimed that the specific weapons were already common and sold popularly, too, including sales statistics in their argument. That too was dismantled by Blake, however, even using the statistics they offered in counterargument.

“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 three percent of the current civilian gun stock, and ownership of those weapons is highly concentrated in less than one percent of the population.”
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Federal District Court: Assault Weapons ‘Outside Second Amendment Protection’ (Original Post) Scuba Aug 2014 OP
That's right! FarPoint Aug 2014 #1
Every Western country has done it, their liberty appears just fine, and their gun deaths negligible. Fred Sanders Aug 2014 #3
Well this one will go up to the Supreme Court. Erich Bloodaxe BSN Aug 2014 #2
+1 on all points BrotherIvan Aug 2014 #5
The core of the 2A is armed rebellion against the government. Loudly Aug 2014 #4
Thats great! ncjustice80 Sep 2014 #6
War Rifles, plain & simple jimmy the one Sep 2014 #7
Post removed Post removed Oct 2014 #8

FarPoint

(13,629 posts)
1. That's right!
Sat Aug 16, 2014, 10:30 AM
Aug 2014

Stop civilian stockpiling of high powered weapons ! Also..demilitarize our police forces across America.

Fred Sanders

(23,946 posts)
3. Every Western country has done it, their liberty appears just fine, and their gun deaths negligible.
Sat Aug 16, 2014, 10:37 AM
Aug 2014

Love how the gun nut argument that assault rifles are a mere fraction of all guns was turned on its head by simple logic, the gun nuts should load some logic in the empty chamber atop their necks.

Erich Bloodaxe BSN

(14,733 posts)
2. Well this one will go up to the Supreme Court.
Sat Aug 16, 2014, 10:33 AM
Aug 2014

Although given how recent the 'self-defense in the home' argument is (relatively speaking), I wish they hadn't proclaimed it 'the core of the second amendment'.

 

Loudly

(2,436 posts)
4. The core of the 2A is armed rebellion against the government.
Sat Aug 16, 2014, 10:58 AM
Aug 2014

Which is why the 2A is obsolete.

Been there, done that. It was called the Civil War. Never again.

jimmy the one

(2,717 posts)
7. War Rifles, plain & simple
Mon Sep 15, 2014, 02:10 PM
Sep 2014

Call them what they are, what they were designed for.
If you want one, join the army or marine corps.

Response to Scuba (Original post)

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