Legal Issues

Federal Judge Says AR-15- and AK-style Rifles Not Protected by 2A

Red crossed-out AR-15 rifle image

The recent ruling upholds Maryland’s Firearms Safe Act, which was passed in September 2013. Pro Second Amendment groups challenged the legality of the law banning modern sporting rifles and magazines with a capacity of more than 10 rounds. The fact that a judge would uphold legislation is no more surprising than a judge who strikes down legislation—legislating from the bench is commonplace. What separates this decision is the apparent bias, misinformation and flawed logic demonstrated in the opinion issued by the federal judge.

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of Cheaper Than Dirt! Inc., its employees or management. Analysis performed within this article are only examples and for informational purposes intended to promote an open exchange of information. Publication of any assertions made within this article or analysis are solely those of the author and in no way should be construed to reflect the position or policy of Cheaper Than Dirt!

banned ar-15

In an effort to be fair and adequately report on the judge’s decision, we must use the language in the decision. Therefore, please excuse the use of the misleading terms such as high-capacity magazines to describe any magazine capable of carrying more than 10 rounds and semi-automatic sporting rifles such as AR-15s.

The amicus brief in support of the Maryland law continually refers to MSRs as assault weapons. In fact, it goes so far as to use a flawed logic pattern to link to the AR-15 to the M16. The brief the judge appears to have weighed heavily, states the features of an M16 as having select fire for either full auto and semi-auto fire or 3-round burst and semi-auto. It then goes on to state soldiers are instructed that semi-auto fire is more accurate and deadly ergo an AR-15 (semi-auto only) is an assault weapon.

This obviously flies in the face of laws regulating machine guns. But it gets worse.  A review of case law set in the District of Columbia v. Heller finds, “the Supreme Court found that the Second Amendment codified a pre-existing, individual right to keep and bear arms and that its core protection was the right of “law-abiding, responsible citizens to use arms in defense of hearth and home.” 554 U.S. 570, 592, 635 (2008).”

However, in this ruling the judge dismisses Heller by stating, “…it only protects those that are “‘in common use at the time,'”18 and “typically possessed by law-abiding citizens for lawful purposes.”19 Id. at 625, 627.”

Gabrielle Giffords with Ar-15 in hand
Not in common use? Once upon a time this Senator would have disagreed.

Certainly it should be easily agreeable that AR-15s et al. are in common usage. At one point that judge admits that there are over 8 million such firearms in lawful gun owners hands for lawful purposes, but later minimizes this fact by stating “assault weapons” make up only 3% of firearms and thus are not in common usage.

“Upon review of all the parties’ evidence, the court seriously doubts that the banned assault long guns are commonly possessed…”

“…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 3% of the current civilian gun stock.”

This flawed logic refers back to Heller in which handguns were main subject and were quoted as 43% of lawfully possessed firearms, but this does not lessen the impact of some 8 million-plus!

“…evidence beyond their desire to possess assault weapons for self-defense in the home that they are in fact commonly used, or possessed, for that purpose.”

Really? No evidence the “assault weapons” are commonly used for self-defense in the home? Does the judge realize the number of firearms kept at home for self-defense that (thankfully) are never actually employed for that purpose? Keeping a gun at home for self-defense is vastly different than statistics showing the number of times a particular weapon was used for that purpose.

Two people with dark ski masks breaking into a home through the sliding glass door.
How would you respond if more than one person in your home broke into your home?

The judge later dig a deeper hole with the statement, “the plaintiffs proffer no evidence beyond their desire to possess assault weapons for self-defense in the home that they are in fact commonly used, or possessed, for that purpose.”

Worse than that was the judge’s treatment of what was referred to as “large-capacity magazines.” From the judge’s opinion, “across the nation, LCMs represent 75 million, or 46 percent, of all magazines in U.S. consumer possession between 1990 and 2012. (Curcuruto Decl., Ex. A, ¶ 6; see also Koper Decl., Ex. B, at 1 (stating that gun industry sources estimated that, as of 1995, there were 25 million LCMs available in the United States, and that an additional 4.7 million LCMs were imported into the country from 1995 to 2000). Marylanders owned about 725,000 of those LCMs during that time.”

Then, she completely abandons any further mention of LCMs. Was this not an important fact, or did it simply not fit the narrative? Assault weapons were not considered “in common usage” because they only accounted for 3% of lawfully possessed firearms, so why was 46% not considered in common usage? And if citizens lawfully possess 75 million magazines for a platform, how can that platform not be considered in common usage?

Flawed Logic?

Judge: “In attempting to further the state’s important interests, the legislature is not required to refrain from acting until it has evidence demonstrating proposed legislation will certainly have the desired effects. It is allowed to make predictions.”

See Turner Broadcasting Sys., Inc. v. F.C.C. (Turner I ), 512 U.S. 622, 665 (1994) (“Sound policymaking often requires legislators to forecast future events and to anticipate the likely impact of these events based on deductions and inferences for which empirical support may be unavailable.”).

Tactical medicine scenarios with medics, instructors and victims
Without an effective mean to defend yourself, you’d better invest in a good tactical medicine course.

While it is true that legislators do have to forecast certain events such as budgets, , it takes more than a small leap to suspend the Second Amendment or reasonably believe that outlawing certain classes of firearms, magazines or cosmetic features would prevent murder/suicide. In the Turner case, the Supreme Court stated the speech was neither favorable nor unfavorable in requiring cable companies to carry local channels and prevented a minority from using their economic power to control speech and thus inline with the First Amendment. The requirement from lawmakers, without proof that the cable companies would unfavorably their economic power was deemed appropriate. Was that a far cry from the current justification of denying access to hundreds of thousands of lawful gun owners?

Who’s on First?

The witnesses that were challenged and allowed opens a whole other can of worms and the logic trail is confusing enough to be akin to the classic Abbott and Costello skit.

The first witness challenged was Christopher Koper. The judge states Koper was qualified due to his works in studying the 1994-2004 Assault Weapons ban, which concluded in fact the ban was not effective or responsible for decreasing crime. Yet, the judge goes on to justify allowing the testimony, because Koper suggests other factors may have made it more effective and the Maryland ban did not have certain portions of the AWB, which somehow would make the Maryland law more effective…

The second witness challenged gets even better. Dr. Daniel Webster was challenged stating he had not done any original research and was relying on the works of others, primarily Koper. In essence, it appears Webster’s testimony was heavily based on Koper’s works. Koper than validated that Webster’s testimony was correct and factual. In essence, Koper was credited with validating his own work via Webster! It reminds me of the old tale about two ugly twins telling each other how pretty they look.

Second Amendment

Webster also included data from the Mother Jones publication, which he had independently analyzed from an expert. Who was the expert? None other than Koper! By the way, Mother Jones was named after Mary Harris Jones whose accolades include being a member of the Social Democratic Party and the Socialist Party of America. Michael Moore was the editor of the publication for two years before suing for $2 million for wrongful termination.

Judge for Yourself

There seems to be so much more wrong with this decision and the reasoning cited by the judge. Going to the government’s own documents and requisition orders you can easily see where the government considers 30-round magazines as standard capacity. The government defines an assault weapon as having capabilities simply not found on semi-automatic-only versions. The fact that one firearm is more accurate than another or of firearms made 200 years ago hardly justify upgrading their status to “assault weapon.”

It is important to note that I am not a lawyer, do not understand all of the intricacies of the law and case, and make no pretense that my ramblings would pass legal muster—however, even lacking a law degree, I have a working nose and this does not pass the smell test. Be sure to take the time to read the decision and making your own judgment.

What is your take on the judge’s ruling. Share it with us in the comment section.

Related article: Court Upholding Ban on Militia-Suitable Firearms Ignores Key Second Amendment Purpose

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Comments (215)

  1. This judge should step down from the judgeship position. Personal beliefs are not allowed in important decisions. Personal beliefs that are flawed.

  2. Dogbert said; “Since modern sporting rifles are used in less than 1% of gun murders and banning them has had no impact on crime, why does the government want to ban them so bad?”

    In the last century, over 170 Million innocent persons were murdered by their Own Governments, who first disarmed them. Recall Hitler’s Nazi Germany, Mussolini’s Fascist Italy, Lenin and Stalin’s Soviet Union, Mao’s Communist China, Kim Il Sung’s Communist North Korea, Pol Pot’s Communist Cambodia, Amin’s Dictatorial Uganda, Communist Mandela’s South Africa, et., al., ad infinitum.

    What all of theses countries had in common was totalitarian governments, that were all far Left of Center, on the American Political Continuum. (which is different than the European Political Continuum, that we learned about in school). On the American Political Continuum Anarchy, or No Government, is considered to be ‘far Right’;, while Totalitarianism, or Excessive Governmental Control, is considered to be ‘far Left’.

    Our nation’s Framers considered all government to be inherently ‘evil’, but recognized that a modicum of government was necessary to allow for civilization to prosper without fear of violence. Thus only the least amount of government necessary is what those on the Right desire, while those on the Left want the Government to be their Momma and Poppa, taking care of them, from cradle to grave. Because government cannot flourish, where Freedom Reigns, those in favor of such Totalitarianism intend to take away our firearms (our means of defending our Liberties) in order to subjugate us to their authority.

    They often LIE a Lot in the process. For instance; Fully 98% of America’s violent crimes are being perpetrated by a mere 3-5% of our populace; young, male minorities, with young, black males committing more of said violent crimes, than young, Hispanic males and young, white males, combined. To the extent that the #1 cause of death for young black males, is Gunshot, by Other young, Black males. (FBI Statistics)

    It behooves the Left to alter the facts, In order to create a fear of Firearms, in the gullible minds of the low information public. Such as we’re now seeing, in graduates of the ‘Public Indoctrination System’ (formerly the Public Education System). Such indoctrination is causing an epidemic of Hoplophobia, in urban and suburban America.

    They are also Lying about the Police killing Blacks. There are more Policemen killed annually, by criminals, than there are blacks killed by Police , yet you’ll never hear that on the ‘Lamestream Media’. It behooves them to spin a tale of Racism, in order to achieve their desired ends. If racism was as prevalent as some would have you to believe in America, we wouldn’t have a Black President, Black Attn’y. Genr’l. Black Congressmen/women and Senators, Black Governors, Black Mayors, Black Councilmen/women, etc.

    Remember the a mere 6 Corporations control ALL of America’s Media outlets!!! Including Fox News! You simply cannot believe what you see and hear from any of them ! Dig into the alternative news, online, to find out the Truth about what’s truly going on in our country. It’s not pretty…

    Hoplophobia, a serious mental illness, is an irrational fear of firearms, which could require extensive therapy to recover from. Both educational, as well as plenty of range time.

  3. Since modern sporting rifles are used in less than 1% of gun murders and banning them has had no impact on crime, why does the government want to ban them so bad?

  4. Grump Dog; I’m glad to see that someone, other than I, is aware of the multi-generational scheme, begun by the former Soviet Union, to destroy America from within. They are, now, on the final leg of their plan, with the usurpation of our Office of the Presidency, by the ineligible Manchurian Candidate, Barry/Barack/Harrison Soetoro/Soebarkah/Obama/Bounel (or Whatever his Real Name is).
    Apparently Both Houses of Congress, the Federal and State Courts coupled with the ‘Lamestream Media’, are All in Collusion together, given their blatantly ignoring this heinous abrogation of our Constitutional requirements for that Office. Worse yet, some of the more ‘conservative’, would-be candidates (Trojan Horses All) for that office, in the 2016 election cycle, are no more eligible, than the current Illegitimate Squatter in the People’s House’.
    At one time, it was a toss up, as to whether International Communism, or the United Nations, would end up running their, long desired, One World Government. However, recently, UN Secretary General Ban Ki Moon has stated that “Only Global Communism can save the World from ‘man-made Climate Change’.” So we can see just where we’re headed and who the enemy really is. As always, of course, behind the scenes are the invisible moneyed elites, pulling the strings of their puppets, ever striving for their long sought global Fascist Oligarchy.

  5. rich; The USA was established as a Constitutional Republic. It has never been any sort of ‘democracy’. Our Framers abhorred democracy as a fragile and oftimes short lived phenomenon, that usually devolved into Anarchy, then further into Tyranny. I grant that with the passage of the 17th Amendment, we lost a major ‘Balance of Powers’ separation, by removing the State’s representation to the Federal Government.
    ‘Democracy’ these days is a catch word by Socialists/Communists agitators. It became popular, only in the last century, with the elections of a series of ‘Progressive’ (Socialist) Presidents and Congressmen/Senators. The ‘Progressive Congressional Caucus’ is the bastion of Socialism & Communism in this country. If your elected reps are on it, dump them ASAP.

    1. “‘Democracy’ these days is a catch word by Socialists/Communists…”

      Precisely, especially if you go back and include the last 50+ years or so in “these days.” Hence the communist toilets like – Democratic Republic of Germany (E. Germany), Democratic People’s Republic of Korea (N. Korea) and any number of communist / socialist utopias that sprang up after WWII. Communists have always used words to camouflage their true intent, it is part of their doctrine. Unfortunately, “these days” we have less vigilance and more tolerance than we need and the people who should be watching our backs are a product of the indoctrination outlined by the communists here;

      Take note of all the green check boxes…

  6. those are the kind of judges that.should step down from their position. Did you not believe the rule of law. They also don’t understand the Constitution and they sure don’t understand the 2nd amendment.we’re not living in 1776 we are living in. 2015.the Liberals have been after our guns for a very long time and there was stop at nothing we the people must stand up against .a government who thinks they can rule like England Germany this is America that’s why way the founders of the Constitution.wrote it the way it is written long live the Republic

  7. This to me would be like saying, “Because dark brown paper is not in common use, it must be forbidden to use dark brown paper to express your free speech. You must exercise free speech only on commonly used paper, such as white.”

    How ridiculous is that? No liberal would EVER put an illogical restriction on the other amendments, but #2 for some reason is open territory. Time to buy up some ARs.

  8. It’s been well documented for many years that Russia and China have been expending resources in this country to disarm us. One report confirmed a total of 800 billion dollars spent by those two enemies of ours to attack the Constitution. We are the only free country in the world, and the Communists are aggressively targeting us with the knowing assistance of people like Bloomberg, Feinstein, Schumer, et al. Politicians, judges, but more importantly, news (now propaganda) organizations. The soviet union was controlled by propaganda and a small percentage of the population because the citizens were disarmed. We are on the same path, as traitors help prepare for an invasion once Obama finishes disposing of our remaining nuvlear warheads.

  9. The gun is what keeps America free from those abroad, and those within.
    Apparently this so called judge does not know anything about guns. But that is no excuse for not knowing your job that you were appointed to fulfill.

  10. Besides self-defense for the home some of us like to use our ar’s to hunt what other hunting rifle can you change the top(barrel cal) and have a different gun for what I’m hunting. He must be board or what attention if it’s not one thing it’s something else. I bet he’s not a hunter or a gun collector I bet he’s a city boy.

  11. The 2nd AMENDMENT Protects all the other amendments of the Constitution of the United States of America. Anyone who infringes on the 2nd Amendment is a traitor of America. If these traitors can eliminate the 2nd, then all the other Amendments will fall.

  12. I hate to state this because it scares the dickens out of the government but the truth is that in studying the bill of rights and the constitution, the whole purpose of which is to control our government from over stepping its authority and robbing the citizens of this country of their freedoms, the Second Amendment sole purpose was to give us the right to defend ourselves from corrupt government. With that in mind then the fine citizens of this nation should be alowed to arm themselves with any weapon that the government uses, Period. And any judge that doesn’t see it that way is either corupt or does not understand plain english and should step down as a judge.

    1. EXACTLY?……….TV and news is there Hitler tactics of manipulating the people with hope and opportunity and later employed concentration camps and war.The United states was founded by the people and its a country of the people.We are a Democracy.NOT A DEMOCRACY FOR THE RICH TO TAKE ALL RIGHTS AND ROB EVERY ONE ELSE FOR ALL THEY HAVE WE ARE NOT SECOND CLASS CITIZENS WE ARE AMERICANCS THE PEOPLE WHO BUILD AND MAKE UP THIS COUNTRY WHILE THE RICH GET RICHER AND GAIN MORE POWER OFF OUR BLOOD AND SWEAT IMPRISONING US WITH POVERTY.Guns don’t kill its the person behind the trigger and if they don’t have a gun there is a million other ways to get the job done.They are working the system and misleading the public threw television news papers ect to keep there popularity but just like hitler in the end there up to no good.They take our second amendment rights and disarm America is just there first step to start taking all our rights.Us second class citizens as it is have not right to vote.We vote only for pre determined officials to vote for us and we vote for the better of the 2 evils.The thnk they own this country nothing has changed from mid evil times they just don’t burn your home and assets they don’t profit from it.Which is what government is about profit revenue power.Disarm America and America will fall that the sole reason we have not been invaded by Contries looking for war.We are armed to the teeth……..Lol but any way yeah our country is going to crap or maybe its just comni fornia:).Our government is no more than a mob organization.

    2. SORRY BUT IT IS NOT THE RICH IN AND OF THEMSELVES THAT ARE THE PROBLEM. There are a lot of people with big buck on our side and others that just stay out of politics completely. No the problem is the power hungry wealthy. People like Bloomberg and Soros that want to control everyone else lives and actually have the means to make it happen are the problem. The truth is if you believe in this country it is pretty hard to justify all of the rich folk bashing. This country was created with the idea that anyone could become rich..Criticizing the wealthy just because they have mad more money than you is just progressive foolishness. Money just like a gun is not bad it is how it is used that creates the problem.

      Lincoln said: That some should be rich shows that others may become rich, and hence is just encouragement to industry and enterprise.

  13. Maybe it’s time to start thinking more about the militia language of the
    2nd Amendment.
    Then, bearing arms would take care of itself.
    Obviously, it is not WDC that regulates anything very well.

    1. A Militia is not an Army the Founding Father knew the difference and I never got the idea that the world Militia meant anything greater than civilians trained to take on the Government or Military if it became corrupt and uncontrollable.

      The real issue is since only a small part of the population ever had to think about been in a Militia or getting trained in tactics except when they join the Military then most people think of the words in the Bill of Rights as been “A well regulated Army, … rather than what it is.

      The whole idea is that if the Government or the Military was to turn on its citizens then the local populous would have some chance to fight back.

      Not liking your government does not in any way mean that its corrupt or out of control. Maybe if people stop voting because someone says Jesus 100 times in the campaign trail but rather has some sane ideas for how to keep the country moving forward then we would actually have a better handle on things.

    1. All I know is now I have healthcare I can afford unlike Corporate Greed Healthcare which is what I had before.

      Read what you want from my post.

    2. @kiljoy616,

      What your words mean to me.

      You love living off of everyone else’s money. After all the ACA is a tax.

      If you have found health care that is just now affordable to you. Then someone else is helping to pay for it.

      To date I have yet to find any affordable healthcare.

      So tell me how the cost for health care has come down?

      AND is now affordable for all.

      That’s what I read from your lame post kiljoy616.

  14. bidder’s comments got him suspended from school. He was sent home where the wh told him to go to his room and lock the door. No supper for him tonight.

  15. AKs and ARs? Don’t need them right? According to Joe Biden the VPUS, and this is his home state, all one needs is to take ol’ Betsy, your century old Damascus double barrel from Turkey out on your balcony and fire a couple of blasts into the air and all will be right with the world.
    Civil unrest with police under attack? Marauding looters after a hurricane, multiple armed invaders, drug crazed addicts desperate to steal your stuff to finance a fix; no matter, just fire off ol’ Betsy and they’ll all run for their lives. We know that to be true because uncle Joe told us so. And yet they all have bodyguards armed with MP5s, etc.
    **Hypocrite D*ck Heads on parade**

    1. Amen!!! I can’t wait for the day they come to my house and try to take my guns from me. The fecal matter will hit the rotating air foil.

  16. Hey this is out of control if you support the NRA please help me and others get them to really defend are 2A right to have what we call black guns they take are money to lobby for gun rights and we gladly give it but just once I’d like to see some of the leader of the NRA stand on a stage with a AR 15 or AK 47 in support of the younger generation

  17. The 2nd amendment protects the right of the people to bear arms, all arms the government has to ensure the government cannot gain ascendancy over the people. It doesn’t say guns. It says arms. All arms the government may possibly posses. The people who are trying to disarm the civilians say we must compromise. We already have comprised as we gave up the right to have nuclear arms, biological arms, chemical arms, ect. That was common scenes compromise of our 2nd amendment right.

  18. Good Comment. If the AR can be banned, then most other weapons could be banned. But that would be an illegal act on the court’s part. Besides, the courts have already decided that the AR 15 is a legal weapon/arms that can be owned by Americans.

    1. Another ignorant judge ruling on something he knows absolutely NOTHING about…another “ultracrepidarian”! AK’s and AR’s are just semi auto rifles like ANY semi rifle!!

  19. Didn’t need a judge’s declension to realize the state of the Republic of Maryland…i moved to North Carolina several years ago.I

  20. I think Federal judges are the puppets for the Federal Government, supporting Obama’s agenda to squash The Constitution of The United States and disarm the citizens stripping away our rights! Just as the BLM claim they “own” and control 89% of the state of Nevada and think they can do what they want with it. I got an ideal, maybe the government should stay out of the affairs of every state.

  21. Big Bill, thanks. Most of the people like him don’t know any better. But that is no excuse, especially if your life is at stake. Kinda like being peed on and thinking it is a waterfall on you.

  22. I would tender that It is important to understand the judicial astuteness of this jurist before taking a position on this admittedly baseless ruling. Hizoner merely took the “preemptive” position that AR and AK style firearms and economy capacity magazines will no longer be in common use once they have all been banned. Therefore upholding a ban on such hardware wherever possible will legitimize the basis of the ruling in the future. It will take a little time for non ownership created by the ban to come around to justify the logic of the incompetent(or is that incontinent?) ruling, which will then, of course, be competent. In this manner, the judge shows thoughtful anticipation of what will transpire now that the Illogical ban has been upheld. The judge is merely defending our right not to own firearms and parts that we now commonly own for self defense and other purposes, but will not commonly own in the future when possession of these items is banned because we can no longer legally own them. Seems simple enough to me.

  23. I totally agree with this lawyers comment. I Have seen politicians argue against guns in Illinois, and pretend they don’t understand the federal rulings, allowing concealed carry. It’s clear the politician is using public ignorance of the meaning of the ruling to fill people with fear of all guns. They use this fear to get people on their side. What would people do when they realize police have no duty to protect them. They can stand by and watch crime without being punished.

  24. While I won’t argue either side here, in my opinion if both sides would post relevant information and evidence to support their positions instead of the rants, raves, insults and name calling such as I just read, I believe that readers would be much more receptive to listening, analyzing, and taking necessary actions to both preserve the 2nd Amendment and at the same time assist in developing an environment of respect for one another’s views. The name calling, insults, and rants serve no purpose, and in most cases immediately “turn off” anyone who may be willing to listen or carry on a civil discussion. It only further drives a wedge between the sides.

    1. @ jeff – We’re quite beyond the polite words pretenses. If our “rants” put you off dear, perhaps you need to seek out a more friendly site. May I suggest the huffington post or daily kos?

    2. Big Bill, I started to comment to jeff earlier, but I thought it a waste of time. But I am glad you did. I agree with you 100%. If a spade is a spade, then call it a spade. Had some people try to tell me that there are no thugs visiting the white house. I guess they think there were no guillotines in France either. This judge needs to be removed from the bench. Has no business being a judge.

    3. @ Supergun – Glad to help out a fellow brother at arms. People like jeff suffer from “cognitive dissonance”….an inability to distinguish between rain and being spat upon. Such people are best handled with quick summary rebuffs and dismissive condescension.
      Keep safe.

    4. Jeff is the typical liberal. As soon as their position is challenged you are the uneducated moron that cannot even spell idiot, thus you should just be quite and leave the name calling to them.

  25. I believe this judge is a female. If this is true, then that figures. Like the female legislator in Colorado thinking that gun magazines were no good after one use.. They really don’t know what the hell they are talking about.

  26. Treason, tyrannical government, ignoring the Constitution, Hilary did this, Oblahblah did that, Technological advancements, Liberal Judges, impeachment, Soros, Bloomberg, All valid and important points.
    I am the world’s leading authority on absolutely nothing, however you can take this to the bank. When the 2nd amendment is altered and if it eventually falls IT IS OUR FAULT FOR LETTING IT HAPPEN and that is fact.

  27. The second amendment was designed to allow the populace to be as well armed as the government. I would love to have an Abrams tank 😛

  28. There are two “a ha’s” right out of the gate. 1. This case was tried in Maryland. 2. Catherine C. Blake was nominated to be a United States Federal District Judge in 1995 by (you guessed it) Bill Clinton.

    The author of this article, Mr. Dolbee, acknowledged that he is not an attorney; but then, when Judges legislate from the bench, one does not have to be a licensed attorney specializing in Constitutional Law to spot the glaring departure from reality and objectivity demonstrated in this woefully misguided Judge’s “logic.” One must ask, “What part of ‘shall not be abridged.’ does she not understand?”

    Although Mr. Dolbee is not an attorney, his logic is irrefutable and his “legal reasoning” is spot-on. I know because I have been an attorney since 1978. I have also taught Constitutional Law. It’s really unfortunate that Judge Blake did not have the benefit of one of my classes. But then over-the-top liberal Federal Judges have never been accused of being overly objective or having unbiased integrity; and they certainly don’t want to be bothered with the unequivocal language of the Amendments to the United States Constitution.

    By the way, AR-15’s and similar weapons are very commonplace among law-abiding Americans, MANY of whom use them for home defense. By falsely labeling these guns “Assault Weapons,” the anti-gunners think they have created a stigma associated with that weapon. The “stigma” resides only in the minds of the anti-gunners.

    Another irrefutable fact is that the citizens of virtually EVERY country on the planet that has implemented gun bans and gun confiscation have been the victims of unspeakable mass genocide at the hands of the governments that banned and confiscated the guns. The reason the Second Amendment is second only to the First Amendment is to enable the citizens to protect the Rights provided by the First Amendment.

    The Second Amendment was not created so that people could hunt squirrels or engage in target practice. It was included in that precious document to protect us from the an oppressive government, such as the one we are currently enduring.

    Make no mistake: Banning AR’s is merely the “thin end of the wedge.” We the People must not allow our right to keep and bear arms to be disturbed even in the slightest, by a tyrannical government. If we do not stand firm, America will just be another statistic of how gun bans and confiscation resulted in the government’s slaughter of millions of law-abiding citizens who would dare to question the government’s authority in accordance with the absolute rights provided in the FIRST AMENDMENT. Without the Second Amendment to protect the First, there will be no free speech; nor will there be any liberty. We would all be subjects of an all-powerful Imperial Government.

    Rather than continuing to appeal this deplorable and clearly erroneous decision, I would recommend that responsible, law-abiding, American, patriotic gun owners get the hell out of Maryland. And for God’s sake DON’T move to New York or California.

    1. My God. I only wish I could have said it half as well! That said, I am left with an ill foreboding of things yet to come. Reason, truth logic and integrity seems to be missing in the anti-gunners rhetoric.It just boggles my mind that they cannot see what we are trying to protect!

    2. @ Glenn B – You state your case very well counselor…..However, I believe that you intended “infringed” instead of “abridged”?
      “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.”
      While I can easily forgive such an innocent grammatical, you must be aware that our robed brethren, or in this case “sisteren” would see this as an opportunity for contempt of court?

    3. Hey Big Bill: Thanks for the heads-up. My mind was thinking “infringed” but my fingers had other ideas. When I wrote the comment, I broke my own rule that nothing of legal significance goes out unless I have performed my usual “obsessive-compulsive” proof-read. Of course this “blog” is of no legal significance, but my bad anyway.

      Returning to the issue or “shall not be infringed,” this phrase is a command, not a “suggestion.” The words, “shall not” do not invite further interpretation by a liberal judge whose decisions are frequently governed by her politics; and the mandatory and prohibitive words of the Constitution and its Amendments should preclude judges from adding inferences when none exist.

      This reminds me of a one-liner by a stand-up comic who was describing Moses and the Hebrews during the Exodus. “Look, it’s Moses coming down from the mountain with two tablets which contain the Ten Suggestions.”

  29. A militia exists to repel armed tyranny, not to hunt or even defend an individual’s home. Therefore, the only sensible way to interpret the arms of the 2nd Amendment is to see them in a military situation, that is, an assault weapon. Thus, to rule against an assault weapon is to rule against the purpose of the 2nd Amendment and therefore the Amendment itself. The judge’s ruling then can only be seen as unconstitutional. To accept the judge’s ruling is to render the Constitution meaningless and submit to tyranny.

  30. What a coincidence it was that after that certain senator pictured above was interviewed on Fox News supporting the 2nd amendment she was conveniently shot the next day, and now not so supportive of our right to keep and bear arms.

  31. Common sense dictates that laws are meaningless unless they are enforceable. It is the Second Amendment that gives every citizen the power to either enforce or resist law. Power hungry low-life like michael bloomberg, andrew cuomo, diane feinstein, hilarious clinton and many others, clearly want to enslave Americans by banning your right to resist bad government AND to self defense, and there is no quicker and more efficient way to do so than to neuter the Constitution and specifically the Second Amendment.
    This is why we need to put our money where we can do the most good in opposing these tyrants. You know the names of the organizations which fight for gun rights specifically, but do you know the one organization that has a PROVEN success record of defending the ENTIRE U.S. Constitution? It’s called Judicial Watch, and if you’ve never heard of these people, you owe it to yourselves and your country to learn who they are. For starters, Judicial Watch is the ONLY private entity forcing congressional hearings on Benghazi. They have plagued the clinton criminals and the degenerate low-life presently sitting in OUR oval office….amongst many other important actions too numerous to list here.
    Today, I just cut a check for $100 to Judicial Watch, and God willing, I will send even more of these tax-deductable donations to this group. FYI, I have no personal monetary interests in making this plea for your help….I’m doing this out of love and grave concern for my country.
    Really, check them out. God speed to all decent Americans.

  32. Unbelievable. One would think we live in the dark ages. Plain and simple. The people have the right to bear and own arms. Perception based on narrow-minded opinion is not the question. The judge is incompetent. Consider the sayings, “people are generally promoted to their highest level of incompetence”, and the statement, “those who do not learn from the past are doomed to repeat it”. Where will we be headed if we allow such an arrogant idiot remain in office.

  33. Another Judge in the back pocket of Michael Bloomberg! These guys won`t quit until we make laws that imprison or HANG legislators and JUDGES that keep trying to change our Constitution!
    This Judge should be made an example of!!!

  34. This judge apparently has been nipping the sauce to much. His brain must be pickled from the booze. If what he says is true, then every gun would be outlawed, but isn’t that what they want. So they will say any dam stupid thing.

  35. “Who are the militia? Are they not ourselves? Congress have no power to disarm the militia. Their swords and every other terrible implement of the soldier, are the birthright of an American . . . . The unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.” — Tench Coxe The Pennsylvania Gazette, Feb. 20, 1788

    “As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow-citizens, the people are confirmed by the next article in their right to keep and bear their private arms.” — Tench Coxe (1755–1824), writing as “A Pennsylvanian,” in “Remarks On The First Part Of The Amendments To The Federal Constitution,” in the Philadelphia Federal Gazette, June 18, 1789, p. 2 col. 1

  36. Actually, if one took the militia clause literally, this judge – not surprisingly – has it backwards. In the late 19th century, muskets & pistols were perfectly adequate infantry weapons – lord, pikes & lances were still in use! These days, of course, it is different. So to honor the militia clause, Americans need to follow the Swiss model, and have ownership of fully automatic weapons, RPG/ATGm, shoulder-launched SAMs and so forth.Let’s go for it!

  37. The Ar15 and Ak47 are indeed protected because they are a commonly owned weapon. The Ar15 is the best selling rifle in America…hell it IS America! It has protected this nation and it’s interests in war and countless skirmishes since Vietnam. I love my rifle and as an American I honor what it has done for this country by purchasing one. It has been 27 years since I first shot one in the Army, the first weapon I had ever shot. I am proud of its history, and proud to own one….like millions of others.

  38. If a judge is not intelligent to know to abide by the Constitution, then he should be removed from that judgeship.

  39. You would think a Judge would have basic knowledge of both the Consitution AND Juris Prudence.


    The Second Amendment very clearly and simply bans any individual oe body within the government from abridging our rights (God given) to defend our selves with weapons.

    This means that any law made to abridge those rights violates our constitution. If a Government wishes to remove such a weapon and the person shoots and kills agents, the appropriate punishment is for the agency conducting the effort must pay for the citizens loss and bear the financial burden of pain and suffering. THis is not my opinion; it is the law. Read it.

    Until the Pro gun people pursue the true meaning of thge Second Amendment being enforced, they are spinning their F**king wheels..

    I do believe the U.S. government has the right to control airspace. If a citizen owns an F-16 he can legally be banned from flying in a manner that disturbs the peace or creates sonic booms. That is the law!!

    A judge who is a traitor needs to be proecuted – according to the law – for his crimes. It is not good that this particular judge gets off so easy; but that is because the consensus of the judges who bear the responsibility for the worthiness of his decision are complicit as a body. SO yes – the Judge commited a criminal heinous act supported by the Supreme Courts.

  40. I don’t know who said it, and this is not a verbatim quote, it went something like this..

    Tyranny rarely shows itself to those that do not challenge it.

    All you can do is keep your eyes and mind open and take it as it comes. Any significant movement or change will require a majority consensus and that is what the current information systems prevent.


  41. This is nothing more than legislating from the bench. Once again a judge believes the 2nd amendment grants rights subject to review. ANd once again an average guy like myself has to state THE SECOND AMENDMENT GIVES US NO RIGHTS TO OWN GUNS; READ THE AMENDMENT; IT GIVES US NOI RIGHTS.

    The Second amendment restricts the rights of political leadership. I may go to jail if I go out and buy a 30mm Phalanx rotary cannon, but only by virtue of the government violating rights which the government has illegally squashed.

    The people in Maryland have every legal right to assault the state house and disband the government. They should not and will not, but the law provides more right to overthrouw that government than to defile the constitution. THe problem here is a total lack of respect for the law; until we force state houses and the Fedral government to live within the law, we must live with this and other violations. Not fot me, however; I am too old and carry my weapons wherever I want to.

  42. Thank you my friend, history is replete with such quotes, spoken by American Patriots. Sadly, our Public Education System has become a Public Indoctrination System, pushing Socialist Propaganda, instead of our nation’s Framer’s ideals.

  43. In support may I present a couple of 18th century quotes;

    “Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American … the unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.” ~ Tench Coxe 1778

    “Who, Sir, are the Militia? They are all of the people, trained to Arms, preferably from an early age.” ~ Richard Henry Lee 1776

    Add one 20th century Act of Congress;

    The Militia Act of 1903 aka the ‘Dick Act’ created the Unorganized Militia, which is comprised of all military age males, including veterans up to age 60 (considered old age at that time). Said militia members are required to provide for themselves weapons and ammunition of a type comparable to weapons commonly found in the service of the military, as well as to maintain proficiency with said weapons, in case they should be called out by either their State’s Governor or their County Sheriff.
    This Act is still in effect, to this day. Thus, one might very well be a militia member without even being aware of it ;~)

    1. When that moment of truth come’s ( hope it never does )but I know it will!
      I hope I have the physical and mental strength, and the moral conviction to stand up for the constitution, to stand up for what’s right. to stand up and resist in the face of tyranny . You ROCK my friend. Thank you for those quotes!

  44. Singling out specific firearms makes zero sense, especially ones which have been produced in the millions and are prevalent all over the globe. Firearms all operate on the same principles. It’s like when someone asks people to say which rifle is more dangerous and should outlawed, A? (a stock 30-06), or B (a tactical military now looking 30-06). Both are identical in abilities firearm wise. They pick B.

    Anyone that think Scott’s post is made up here is the actual account. Good Post Scott.

    YES the Revolution, The “shot heard round the world” was in fact over gun confiscation. How many legislators do you think know this story….

    Gen. Thomas Gage, 22 April 1775
    Gen. Thomas Gage was both royal governor of Massachusetts and commander of the British army in North America. Three days after the fighting, he wrote to his two bosses: the Secretary of State, the Earl of Dartmouth, and the Secretary at War, Viscount Barrington. Here’s what he told Lord Barrington:
    “I have now nothing to trouble your Lordship with, but of an Affair that happened here on the 19th Instant. I having intelligence of a large quantity of Military Stores, being collected at Concord, for the avowed purpose, of Supplying a Body of Troops, to act in Opposition to his Majesty’s Government; I gott the Grenadiers, and Light Infantry out of Town, under the Command of Lieut. Colonel Smith of the 10th Regiment, and Major Pitcairn of the Marines, with as much Secrecy as possible, on the 18th at night; and with Orders to destroy the said Military Stores, and Supported them the next Morning, by Eight Companies of the 4th the same number of the 23d 47th and Marines Under the Command of Lord Percy. It Appears from the firing of Alarm Guns and Ringing of Bells, that the March of Lieut Coll. Smith was discovered, and he was Opposed, by a Body of Men, within Six Miles of Concord: Some few of whom first began to fire upon his Advanced Companys, which brought on a fire from the Troops, that dispersed the Body opposed to them, and they proceeded to Concord, where they destroyed all the Military Stores they could find. . . . The whole Country was Assembled in Arms with Surprizing expedition, and Several Thousand are now Assembled about this Town, threatning an Attack; and getting up Artillery; and we are now very busy making preparations to Oppose them.”
    Source: The Correspondence of General Thomas Gage with the Secretaries of State, and with the War Office and the Treasury, 1763-1775. Clarence Edwin Carter, editor. 2 volumes. New Haven: Yale University Press, 1933.

  46. The 2nd amendment does not protect anything; it forbids the government to in any way prevent arms ownership from regular citizens. Judges who rule against ownership are acting in direct disobedience to law and are therefore acting in a manner that violates the constitution.

    Congressional law by definition can not violate the constitution; judicial interpretation can not undermine the basic tenants of the law.

  47. Gun Ban Results In Dozens of Tragic Deaths

    BOSTON — National guard units seeking to confiscate
    a cache of recently banned assault rifles were ambushed on
    April 19th by elements of a paramilitary extremist faction.
    Military and law enforcement officials estimate that 72
    were killed and more than 200 injured before government
    forces were compelled to withdraw.
    Speaking after the clash, Massachusetts Governor
    Thomas Gage declared that the extremist faction, which was
    made up of local citizens, has links to the radical
    right-wing tax protest movement.
    Gage blamed the extremists for recent incidents of
    vandalism directed against internal revenue offices. The
    governor, who described the group’s organizers as
    “criminals,” issued an executive order authorizing the
    summary arrest of any individual who has interfered with
    the government’s efforts to secure law and order.
    The military raid on the extremist arsenal followed
    widespread refusal by the local citizenry to turn over
    recently outlawed assault weapons. Gage issued a ban on
    military-style assault weapons and ammunition earlier in
    the week. This decision followed a meeting earlier this
    month between government and military leaders at which
    the governor authorized the forcible confiscation of
    illegal arms.
    One government official, speaking on condition of
    anonymity, pointed out that “none of these people would
    have been killed had the extremists obeyed the law and
    turned over their weapons voluntarily.”
    Government troops initially succeeded in confiscating
    a large supply of outlawed weapons and ammunition. However,
    troops attempting to seize arms and ammunition in Lexington
    met with resistance from heavily-armed extremists who had
    been tipped-off regarding the government’s plan.
    During a tense standoff in Lexington’s town park,
    National Guard Colonel Francis Smith, commander of the
    government operation, ordered the armed group to surrender
    and return to their homes. The impasse was broken by a
    single shot, which was reportedly fired by one of the
    Eight civilians were killed in the ensuing exchange.
    Ironically, the local citizenry blamed government forces
    rather than the extremists for the civilian deaths. Before
    order could be restored, armed citizens from surrounding
    areas had descended upon the guard units. Colonel Smith,
    finding his forces overmatched by the armed mob, ordered
    a retreat.
    Governor Gage has called upon citizens to support
    the state/national joint task force in its effort to restore
    law and order. The governor has also demanded the surrender
    of those responsible for planning and leading the attack
    against the government forces. Samuel Adams, Paul Revere,
    and John Hancock, who have been identified as “ringleaders”
    of the extremist faction, remain at large.
    * * *
    Oh, I forgot to give the date including the year (but you
    already know, don’t you?). It was April 20, 1775.

    1. Great Comment CherokeeScot! I’m just in awe that the people that control our government are so ignorant! Do they really think that a person that’s going to commit murder is really thinking about the latest gun laws? This person is going to commit an act of violence that far out ways any of there gun laws. The guy’s not going to stop and say to himself oh that’s right we can’t have 30 round magazines I better go get some 10 rounder’s! I mean REALLY! Criminals don’t care about any of this crap the politicians come up with. Do they think the murderer cares or is even thinking about breaking gun laws? No why would they? How does this not make sense to these people who are suppose to be so smart? They are after us the honest everyday hard working American!!

  48. In the last century, over 160 milloon innocent people were killed by their own governments, who first disarmed them.

    Recall Nazi Germany, Soviet Russia, Maoist China, Pol Pot’s Cambodia, Amin’s Uganda, Mandela’s South Africa, North Korea, etc.

    The only reason to disarm the People would be to control them ~ Samuel Adams

    As Tench Coxe said, the power of the State rested not with the federal or State governments, but was in the hands of the People.

  49. We are under siege today as never before by the gun grabbers.
    Even with the threat of potential terrorist attacks in malls and cinemas by AK-47 wielding terrorists. Gun free zones will be turn into killing zones. Activist Judges limiting magazine sizes of legal gun owners. When we should be arming every able bodied citizen to protect the homeland from these terrorists animals. The leftist progressives will be the first to call their friends with firearms to protect them, when the manure hits the fan…

    1. Yes Soros, Bloomberg, Obama, all the wealthy individuals and all the powerful politicians trying to eradicate gun rights are protected by body guards who weild only the finest weaponry, guns that are not available to ordinary citizens. They are protected by guns 24/7/365. They’ve set themselves above us, the new Kings, Dukes and Barons. They are a monarchy of wealth and political power and regard us as serfs, afraid to let us bear arms because though we are peaceful, and would not do them harm, they fear us. They want us disarmed, just like the monarchies of old, unless they draft us to war, then we may pick up sword and sheild. But when we come home, we must disarm ourselves, because they baselessly feel threatened. We are the modern serfs.

  50. Article 4,sec,4 of The Constitution of These United States Republic guarantees for every state in the union a republican form of government , just reinstate the republic my good American friends and problem solved. The insurgent foreign regime that is operating in repugnancy to the constitution, has been doing so ever since the bloody coup d’ e-tat that resulted in the murder of John F. Kennedy. J.F.K with Executive Order 11110 ousted the defacto foreign regime installing the dejour lawful government based on the constitution. As a result the insurgent defacto regime drew a definite conclusion concerning his epistle. See “A Fully Informed Jury” by Red Beckman, “Know Your Constitution “by Carl Miller, “Constitutional Law ” by Michael Badnarik”. Please read “To Keep And Bear Arms” by Joyce Lee Malcolm. I motion that any and all do their diligent research . WILL THE REAL TERRORIST PLEASE STAND UP. And as a true patriot in the interest of truth please correct me where I am mistaken.

  51. A ban on “high capacity” magazines would fail to impact the millions already in circulation and only make it more difficult for legal gun owners to obtain. This unnecessary law will in no measurable way improve public safety. Your argument for personal freedoms would have been so much stronger if you took the time to proofread your article…

  52. When a judge acts where he or she has no jurisdiction to act, the judge is engaged in an act or acts of treason. “US v. Will, 449 US 200,216, 101 S Ct,471,66 LEd2nd 392,406(1980) Cohens v Virginia, 19 US (6 Wheat) 264, 404 5LEd 257(1821).

    Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401(1958) “No state legislator or executive officer can war against the Constitution without his undertaking to support it.

    Marbury v. Madison , 5 US 137 “The Constitution of these United States is the supreme law of the land. And any law that is repugnant to the Constitution is null and void of law.”

  53. I am unhappy with the left-wing, socialist attitudes that many have cited. But it’s a mistake to blame this ruling entirely on the left. The fact is that BOTH parties have implemented a gun control agenda. You need look no further than the majority opinion in the 2008 Heller case, which was written by Scalia – perhaps the most conservative of the current crop of SCOTUS justices. In the opinion, he does meticulously dissect the wording of 2A and rightly concludes that the prefatory clause (A well-regulated militia….) does not limit the operative clause (…., the right of the People to keep and bear Arms….). However he also failed in several important respects to limit the Gov’t’s authority, which was clearly the point of the Amendment. He also was careful to word the decision so that it applied as narrowly (as he could get away with) to the Heller case as possible. The fact is, 2A exists to make it clear to the Gov’t that the People are the ultimate authority, and the people in Gov’t from either party don’t like that very much.
    You have to consider the reality of the situation. It is unlikely that in the US we are going to have a full-blown revolution. What is more likely is that the economy is going to continue to decline (notice I said ‘continue’ – there is no recovery, but that’s another discussion) to the point where there will be serious shortages and currency will not be worth much. Now, more and more people are becoming aware that the transfer of wealth that has all but eliminated the middle class in the US has been engineered by the banking cartel. Federal Reserve policies and continued generation of massive debt by the Federal Government are all a part of the mechanism. It’s also true that the Financial Industry is the largest contributor to candidates from BOTH parties. So while we focus on the differences between the parties on social issues, I believe that BOTH partied are in the hip pocket of those that wield the real power… the leaders of the financial industry. When it comes to light that the People have been swindled out of all the wealth that they created, and that it ended up in the hands of the bankers, you can bet that there will be backlash. And THAT is why the government is behind emasculation of 2A. They all work for the financial industry, who has bought and paid for the lot of ’em.

  54. 2brknot2b and Bob.

    It is true we allowed this to happen and there are some that wanted us to be here. You are also correct that it isn’t just the Left. Much of the Right is in the bag also not to mention the RINOs in the RNC.

    “We” continue to complain and beat our chests and “support the cause” on chat rooms like this but in reality we do little to help ourselves. Hell, if registered republicans would have voted in the 2012 election Obama wouldn’t be president now. Romney may not have been the ideal candidate but he was miles better than what we have so yes we can blame ourselves. I’ll go a step farther and say if Republicans sit home over the next mid term and general elections we will even be in worse shape. Another 4 -8 years with the left and the RINOs in control and it will be over.

    I see 2 big reasons for the position we are in right now. 1. WE are not willing to fight for our rights. We are good at bitching and placing bumper stickers but it stops there. 2. We are without central leadership for our Constitutional cause. Reagan isn’t here anymore and we are hungry for someone to step up and lead the way for the things we hold dear… It is not the NRC.
    Even the Tea Party is little more than lip service. The Tea Party could serve a very valuable service by insuring that local armies were mobilized to fill state capitols with protesters when important decisions are made and poor opinions are handed down. They could be mobilizing phone banks to flood legislators lines. When congress considers a bill that is contrary to the good of the people we should be able to flood the mall with a million patriots.

    Yes we can blame the Left for the socialist agenda but we can also assume the blame for allowing it.


  55. YOU allowed it, YOU wanted it… AND…. YOU voted for it too!

    How are you liking it now………..SHEEP?

    Democracy at it’s best, Liberty at it’s finest.

    YOU better be serving and paying your elected Washington Masters.

    “Ain’t Freedom Grand”………….Fresh Mutton Stew is on the dinner menu. Order up!

  56. So, the judge totally dismisses U.S. v Miller, which stated even weapons used by the military may be capably owned by the individual citizen? Why is no one with half a brain working these cases for the pro-gun element? Are the lawyers throwing the cases for personal gain, or to advance the agenda?

    When did the state become responsible for personal safety it being several rulings have determined they are NOT responsible for such “individual safety”?

    I’m just not comprehending what these judges are trying to convey. If it is that the state is all powerful, and that they, as entities of the state apparatchik, are sole arbiters, then our country as it was founded is lost, and the only way to return it is to en masse tar & feather the judges who make these illegitimate rulings, and revolt.

    Yes, I can see this going to the SCOTUS, if plaintiffs have the money, because NRA surely isn’t doing their share. In fact, I believe NRA has tried to throw decisions themselves in the past based on some nonsense about the 2A having some “common sense” laws which may regulate. NRA, despite my entreaties, personally, to Wayne LaPierre is still pursuing permit systems, even tho’ I showed him rulings which would show that such sstems are “unconstitutional censorships, or prior restraints.” (Shuttlesworth v Birmingham) Further, Murdock v. PA which states paying a fee for a right makes it a privilege. All permits require a fee, ergo, permit systems requiring fees are unconstitutional. I may be only moderately educated, and surely no lawyer, but I can read, and comprehend English, and the writings of judges rulings with enough clarity to comprehend what former judges were trying to convey. I’m not certain what these lawyers are reading. I do know they are reliant on the court for their continued being, and when in a court setting work for the law, and not for the plaintiff. I’m not sure how we devolved to this point where the state becomes all powerful, but it had to have started about the early 1900’s with the 16th & 17th amendment, which allowed government to grow exponentially on the backs of the working class (income tax), and allowed mandates to be passed back to the states so the power of the federal government could be shown to the states, thus negating their ability to fight off an ever more tyrannical federal government. Further, they seem complicit in the federal governments endeavors, at least in states where the people do not show much involvement in local politics.

    Fact is infringed has a definite set of meanings, and every law so far perpetrated by the government entities, regardless of their level, has been an infringement. If the state may infringe, then what is the purpose of “…shall not be infringed”?

    1. When a judge acts where he or she has no jurisdiction to act, the judge is engaged in an act or acts of treason. “US v. Will, 449 US 200,216, 101 S Ct,471,66 LEd2nd 392,406(1980) Cohens v Virginia, 19 US (6 Wheat) 264, 404 5LEd 257(1821).

      Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401(1958) “No state legislator or executive officer can war against the Constitution without his undertaking to support it.

      Marbury v. Madison , 5 US 137 “The Constitution of these United States is the supreme law of the land. And any law that is repugnant to the Constitution is null and void of law.”

  57. Maryland won’t be happy until all the firearms are out of the state. Their legislators would make rubber band guns illegal if they could.
    Their laws have chased Beretta out to Tennessee, thank you very much, we welcome the business and jobs.

  58. Sure they can have my gun , one bullet at a time ,till they take me out. Then what does it matter ? They train us to kill and then they forget . So let them talk all they want,the real deal starts when they try to collect .

    1. How pitiful. . .you’ll sit there with a thousand rifles, all with 100 round magazines while a hellfire missile launched from a drone eight miles out takes out your entire house. Poof!

      Get real. Your dream fight shoot-out – mano-a-mano with a federal agent, or 20 agents, ain’t gonna happen. Ever.

      So who’s gonna gear up for that? And how?

    2. @beau – you are the pitiful MORON. If you had half a brain you would realize that when that day comes the majority of the “Drone Pilots” and military for that matter will defend the constitution and not the institution. Wake up Moron !!

  59. the attack on the 2nd amendment will continue on for a very long time as long as the Democrats think did they can step all over the Constitution of the United States of America when the British Empire use there a muzzle loaders against the Americans that was the weapon of the era now we have AR 15’s an AK 47 s to protect ourselves they’re not assault weapons there are semi automatic weapons yes they hold 30 rounds technology goes on are founders new is that new things will be invented all the brave men who gave their lives f will be turning over in their gravesover in their graves they will continue to attack the Second Amendment We the People must stand up to tyranny the criminals will never give their guns to the government and a slow about it since it is is that we are we the people must and all together and fight to protect our Constitution and the Bill of Rights these judges who think that they are above the law will always try to stop the American people for having liberty and justice we the people have the right to bear arms and we the people must stick together or our nation will be doomed to repeat history this country has not learn for what happened in Nazi Germany how Hitler took away the guns from the people we must an altogether to stop this insanity because the government is completely out of control trying to tell us what to eat trying to tell us what to do we do not need a police state we need freedom and justice and we the people are the rules of the land not the government these people have been appointed by we the people it is time for America to wake up before it’s too late we must fight everyday to protect our civil liberties to protect the Constitution to protect the Bill of Rights to protect our families we must look at this with open eyes and not forget that so many gave everything they had so that we can have these liberties that we have been enjoying it for so many years unfortunately the government the current administration sayings that we are slave’s that we must bow down to him like there were gods my fellow Americans it is time get weed take back the Republic long live the Republic and may God give us the strength and courage so that we can fight against the radicals who are trying to take everything away from us we are the people we are the majority this is our country we must let our government know that we will not tolerate their their behavior what it comes down to if this persecution does not end against gun owners law abiding citizens there will be a second revolution and that’s the last thing we need but all founders said it long time ago that dish was going to happen if we didn’t keep the checks in balance

    1. It isn’t just the DemocRATs stepping on the Constitution. The majority of RepubliRATs are engaged in same. We have to rid our parties of these commuNAZI totalitarinists. The Tea Party tried, but are being undermined by the status quo, and the inaction of the majority of the common man/woman. Sit the sideliines until your willing to pick a side? Really? That takes courage.

    2. You might have some valid points, but unless you use some punctuation, darned if I can decipher them.

  60. It appears that once again, the blind are leading the blind. I know that judges are busy folks, but they owe it to themselves and their public to be familiar with their subjects A VW bug should not be considered to be a muscle car, regardless of a source that says it is.

  61. We are no longer straying from the course of constitutionality, we are careening off into the abyss, headlong into the canyon that is a totalitarian state. In the writing of the first ten amendments, we are assured of the protection to openly speak an opinion, political or otherwise, the right to openly practice our religions without governmental pressures to either belong to or dissent from religion entire, the right of the press to either criticize the government or preach its support without suppressing information, and the right to file complains and sue the government to either perform or desist action…then came the second amendment, giving the people the right to enforce the constitution and its amendments, some will say by force if our leaders will not follow the constitution.

    Every argument I hear from dissenters and anti-second amendment advocates and supporters is that the amendment is only there to aid in the formation of a militia. That argument can be completely eviscerated if they are simply required to apply correct grammar and punctuation to the actual writing of the second. There are three commas in the second amendment, and the first one is the most important, betwixt the words “militia” and “being” implies that a reason for the ordinary citizen having firearms implies that those of whom have familiarity with those weapons are easier to call into a militia than those who are unfamiliar with arms, ammunition and the safe use thereof. That one comma inserted defines that it never meant that only militia were to have weapons exclusively. what it does support is the fact that all citizens, lawful citizens SHOLD responsively have and keep firearms for their own protection, and that the government has no say as to whether we should be allowed to have them or not.

    We are now seeing come to pass the very reason we needed the second amendment in the first place…the open and blatant attempt to take the voice of the citizens out of the governmental arena, to institute a grand scheme of the totalitarian state, and the implementation of an all powerful statist agenda. This is why socialists and communists don’t allow private gun ownership…and armed populace cannot be controlled so easily.

    Every time some attack on this basic God given right is infringed (and it has been since its writing), every time some socialist, liberal Progressive gets limitations put on our ability to have and keep arms, the second amendment’s power is significantly eroded. Elimination or neutering of this right will only lead to the complete erasure of every other important right defined and supposedly protected by our constitution. If that happens, with the nature and personality of our patriots, we will have civil war, and the blood that liberals are so adamant about keeping off the streets will flow like a river, and I dare say, the liberals themselves will be the first to draw it. Power corrupts…absolute power corrupts absolutely!

    1. Jason, your remarks are right on. The continued gnawing of the 2nd Amendment reminds me of how rats chew on electrical insulation resulting in the entire house burning to the ground. Hitler used the same technics to destroy any and all rights of the German people to obtain his domineering dictatorship. Hopefully, the citizens, right, left, in the middle, of this country will wake up before the rats chew of the last bit of insulation. Thank you.

  62. All I have to say is this is B.S. and the judge knows it. Per many court decisions early on, we are allowed the same type weapons as the military, otherwise, what is the point as there can be threat of revolution. This is crap! COME AND TAKE IT!

  63. The amendment originally allowed the populace to always be able to stop a tyrannical government. Essentially, citizens should own whatever the government has available. Obviously, we can’t individually afford a minigun or rocket launchers, or bombs. One only has to look to Thomas Jefferson to get a real feeling for the 2nd Amendment when he stated “The tree of liberty needs to be refreshed with the blood of patriots and tyrants.”

    If one simply is objective and look at what the government is doing to us today, there can be no doubt that we are in the midst of tyrants in our government from the POTUS on down. I hope I live to see the day when power again resides with the people and not the trash that now governs us.

  64. if its good enough for our military,its good enough for me,you can take one look at her and tell she is a .un informed democratic POS!.

  65. Know American’s rights to bear arms should be taken that includes a felons or four fathers didn’t leave any American out if they did then show me it’s a joke that has gone way to far and it’s time to do something about it

  66. Hey, I live in CA. So I know of what I speak! And as a matter of fact conservatives don’t discriminate against gays or women’s rights. True conservatives don’t give a good GD about what someone else is doing with themselves as long as they aren’t trying to push their agenda on everyone else or make everyone foot the bill for life choices that they are making. Liberals have concocted the phony narrative that Republicans/conservatives/southerners and middle Americans have a war against women, gays, blacks, immigrants, etc. The liberal agenda-driven media gladly fuels this nightly. I am a Georgia boy stuck in Cali and I would like a 20 round p-mag and an AR without a stupid bullet button please. I am not a felon and I do not wish to harm anyone who doesn’t wish to harm me. Now why can’t I have one Mrs. Feinstein?

  67. The 2nd amendment doesn’t “protect” anything – it’s just words. Only one thing protects gun ownership: the fact that, so far, whoever has wanted to eliminate civilian firearms has believed that you, the people, would punish them for it more harshly than they are willing to take. The real question has always been “what will the American people DO when the news comes out?” And for decades, in the face of all manner of abuses, the American answer has been “complain a little and then go back to working for The Man on Monday. ” This is why you’re losing your guns, your wealth, your privacy, your religion, your security, your ability to raise children your own way… pick your issue. As long as you’re addicted to fast food, TV, office jobs, and the rest of the “American way of life”, you’ll obey the system that provides it.

    1. Right on, Sam Scott! You hit the nail on the head. TV is the # 1 down fall. When it comes down to it, hopefully we will have III% this time!

  68. I keep assault rifles and assault handguns to protect myself from people who would use assault punches, assault kicks, assault clubs, assault knives, assault guns and other assault weapons against me.

  69. A few applicable quotes:

    “No one is bound to obey an unconstitutional law and no courts are bound to enforce it.”
    16th American Jurisprudence 2d, Section 177 late 2nd, Section 256

    “All laws which are repugnant to the Constitution are null and void. ”
    Marbury vs Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

    “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them ”
    Miranda vs Arizona, 384 US 436 p. 491.

    “An unconstitutional act is not law; it confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”
    Norton vs Shelby County118 US 425 p.442

  70. Let me go out on a limb, here. If this case is taken to the Supreme Court, this ruling will be overturned. Not that it matters, I am a lawyer. One thing I was taught in law school was that if a judge wants a particular ruling, he or she can find a way to achieve that outcome. This a great example of that.

  71. It`s just another attempt to chip away at our “right to bear arms” until we have no such right anymore. I for one will never give up my firearms no matter what the law says, nor will I disclose the whereabouts of any of my so called “assault weapons” I`m sure within the next 5 years, we will have to depend on them, weather it be for self survival, from total economic collapse, or revolutionary war and civil unrest leading to eventual conflict with our own Government.

    1. Since I live in NY and we were one of the first states to fall victim to fly by night legislation after Sandyhook. I’ve made a few changes, I’ve no longer purchased anymore Curio&Relic firearms online with my FFL03. easily tracked by somebody.
      I’ve also not renewed my insurance policy for the extra coverage on my firearms, no paper trail for them to follow in a few years hopefully. I can’t even leave my collection to my family upon my death now because of the Safe Act….

  72. Here we go again. The second amendment does not give us any rights to gun ownership or self defense. All the 2nd does is prohibit the government from restricting gun ownership.

    This alone suggests that nearly one hundred years of legislation has violated our civil rights in regard to weaponry. Nevertheless understand laws which restrict weapons; what I do not understand is why all three branches evade discussion about the purpose of the 2nd: it is not about shooting dear; it is about protecting against human enemies; it is understood that the purpose of the 2nd infers parity for the individual who is armed on behalf of the ideals set forth in the Preamble and the Bill of Rights.

    Denying an assaukt style rifle is simply unacceptable. The Bill of rights provides no rights; it simply prohibits specific actions to restrict rights.

    Violation of these rights borders on treason.

    1. “borders on treason”? No, it is treason, and the “judge” is a criminal in robes.

  73. I think it’s intellectually dishonest to say; hand guns are “in common usage” because they represent 43% of the total gun stock, and AR15’s are NOT because they only represent 3%. This is because an AR15 is a specific model and make of a particular type of firearm.

    By her own logic, legislators can specifically ban a SW revolver, because they’re not in common usage. Only a few million have been produced and represent a small fraction of the total gun stock. Even though it’s classified as a hand gun. Logically, because Glocks are the most prolific hand gun (guessing), according to the ruling, they’re the only ones we should be allowed to own.

    This ruling is potentially dangerous, because it can be a gateway for banning every firearm, one by one, name by name. Until we only have a few state-sanctioned choices.

    Semi automatic, box-magazine fed rifles represent a much higher percentage of the gun stock than 3%. Hell, the Ruger 10/22 falls into this category.

  74. “No freeman shall ever be debarred the use of arms.” This is one of three variations of the statement Thomas Jefferson tried to get inserted in the Virginia Constitution. The statement was not included in the Virginia Constitution but it is certainly indicative of the feeling of our Founding Fathers feelings concerning the 2nd Amendment and the ownership of arms by the citizens. Let’s also not forget that the musket was THE most modern “weapon of war” at the time of his writings.

  75. This “judge”s decision to uphold Maryland’s “safe-act” is gobbledygook at its finest. Words….mere words, but to what effect? To disarm law abiding citizens and leave them at the mercy of the two legged wolves.
    This “judge” is a sick twisted imbecile in robes.
    BTW….Yeah. I’m retired law enforcement.

  76. Maryland, what do you expect, the North Eastern States actions just go to further prove how communistic, and socialist they truly are. So I am not surprised at the corruption in Government officials up there. True Americans that care about freedom, and are able to move away from such corruption, communism, and socialistic practices do so. I feel sorry for those that are unable to move away from Maryland.

  77. Seems that the Democrat judge doesn’t understamd what “Shall not be infringed” means! Another democrat political operative…

  78. Just another example of a judge reaching his conclusion first, then twisting and ignoring evidence in order to support his conclusion. This is common practice for lawyers, but judges are supposed to rise above this.

    1. I am a retired lawyer of almost 40 years. Let there be no mistake, judges are people just like the rest of us and they have THEIR AGENDA’s, THEIR BIASES, and their TENDENCIES TOWARDS CORRUPTION. This judge has shouted her bias and agenda so loud that it echoes around the globe. They will not quit until they have reached their goal and we, the defenders of the 2nd A, must not rest lest we lose our 2nd A right. A right that once lost will never be regained and we, the true American defenders of our nations Constitution, shall forever after be on bended knee as we were pre 1781. Now is not the time to weaken but rather the time to stand strong in defense of our Constitution and most importantly our Bill of Rights.

  79. Ever wonder why the government wants to eliminate the 2nd Amendment or weaken it so much? It’s because the 2nd Amendment was written not for hunters or protection against home invasion, it was written to protect the people from the same government that is trying to get rid of it.

    We can debate all we want about hunting rifles and home protection but there is no denying that when the Founders wrote the Constitution they were fresh from being abused by the government of King George III.

    Buy all the weapons you can get your hands on, buy and store plenty of ammunition and, be as ready as the minutemen for the call. God willing peaceful dissent will work along with smart voting but, I’m not betting on it – are you?

    1. Pappy you hit the nail on the head right there that’s Democratic Party number one agenda thank you

    2. I agree with you Pappy D. The 2ND amendment was written to protect us from those who wants to be the only governed force in the country….The dumbocratic party as proven this….. We have the rights to defend this country against any form of tyranny by any government and it is becoming more irrelevant with what we have to deal with today……
      According to history. WE the People are to be SERVED by the Government and not the Government being SERVED by WE the People…. They (Government) has forgotten how to serve and lead this country….

    1. Like everywhere there are Democrats not just CA. The more conservatives discriminate against gays, womens rights, and those types of issues the more democrats you create. The NRA and guns are a special interest of the republican party therefore the dems do all they can to weaken their opposition.

  80. Not surprising. The Preamble to the Bill of Rights makes it crystal clear that 2A was explicitly set into the BoR to prevent “abuse and misconstruction” of the authority of the Federal Government. It is not at all about self-defense or hunting. As such, the Government has no authority to legislate that the Public must have inferior weaponry compared to the forces controlled by the Government. Naturally, this is exactly what the Federal Government wants to do. They don’t care about public safety or any of the other nonsense they advertise. The Government has already taken- and the Courts have supported – the rather amazing position that the Federal Gov’t has the authority to limit the right as long as it serves “an important objective of Government”. Of course this makes no sense at all in light of the BoR Preamble’s stated purpose of the Amendment. We have the fox guarding the hen house.

    The First Amendment is subject to the common-sense restriction that it does not allow people to shout “fire!” in a crowded room because such actions serve no purpose toward the intent of free speech, and serve only to create mayhem at the expense of public safety. Similarly, the Second Amendment should be and is subject to restrictions on the public’s right to weaponry such as nuclear, chemical and biological agents. Such weapons require extreme measures to even store without posing a very serious threat to public safety, and there is no foreseeable scenario where their use could support an attempt to defend against “abuse or misconstruction” of authority by the central government. So no sane person should argue that nuclear, biological or chemical weapons are protected under 2A, and for the most part gun rights proponents and organizations don’t do so.

    However, such limits do not apply to normal firearms, magazines or accessories. AR15s and other so-called assault weapons do not pose the unreasonable risk to public safety that, say, a cylinder of poison gas or a vile of anthrax does. It is not possible that the AR will be accidentally released like the gas and inadvertently cause large scale public harm. Therefore, the Federal Government has no authority to declare any such weapon illegal. The Bill of Rights says so. The Court, being a branch of Gov’t, have no authority to uphold such laws. If they do, as they have in this case, then they are violating their sworn duty to preserve, protect and defend the Constitution.

    It seems to me to be clear that our rights are not just being attacked, they are being slowly but steadily whittled away. We can’t rely on the judgment of the court. After all, these are the same people that just recently decided that corporations have the same rights as flesh-and-blood Citizens, including the guarantee of free speech, and could therefore put unlimited money towards elections, effectively buying the result they desire. One need only a few SCOTUS decisions to become convinced that we are indeed in deep trouble.

    The NRA is bringing some lawsuits. They’ve won a few, but the Gov’t is careful to make the victories as narrow as possible (including 2008 Heller), while the losses are sweeping. I would like to see the NRA become more active in elections and also get to work to recall or drive for impeachment of both politicians and judges. We The People are the ultimate check and balance over the Government. That was the intent of the Founders. Personally, I would in a heartbeat support ANY petition for recall or impeachment of any politician or judge that violated his/her sworn oath to defend OUR Constitution.

  81. Over 8 million AR-15’s in the hands of lawful and free citizens hands. It makes tyrants and would be dictators nervous and criminals thank twice about their intended victoms. I question who’s side the judge is really on.

  82. I dont need to see the judge’s decision. I dont need more proof that our government is rogue. There is no more discussion on the 2nd. As far as I am concerned. I am not entertaining the thought of my mom having to ask for permission to defend herself, should she come across an intrude in her home. When someone try’s to sell me on gun control? i compare it to someone telling me when to, or how to,,,,,,,breath? Your not going to ask some king for permission to breath so you can live, so why should you ask someone for permission to save your own life, if attacked ? We are required to believe a government is always going to do the right thing. that’s funny considering our Government has been caught in lie after lie. And they trust the american people to continue to go on biz as usual.

  83. Better get ’em while you can. If the libs get another 4 or 8 out of Billary we won’t even be able to get hands on a BB gun. This crap is depressing! Pat is right on the money. They do “want them all!”

  84. @ Bill Salopek: In reference to your comment-

    To write that you accept judges “legislating from the bench” indicates to me you must not fully understand the concept of the term. I mean you no disrespect and only wish to guide you to a better understanding of how this term is derogatively applied. Please keep in mind the following is not my personal opinion, I am stating facts.

    Judges are in-fact “doing something they are not allowed to do” and they “should [always] be despised for it” when seen to be “legislating from the bench”. The act has never been, and never will be some acceptable practice institutionalized for over 200 years.

    First a real quick refresher to set the stage – which requires we take into account the entire Constitution and all its Amendments. The Constitution declares itself the Supreme Law of the Land; meaning NOTHING may EVER conflict with it at any lower court or government levels.

    A conflict may never be allowed to exist regardless of any subsequent presidential executive orders, state governor’s executive orders, state legislative laws, any individual state constitutions, or any state, county, or municipal court rulings. Simply put, the Constitution imposes that ALL judges at ALL levels must yield to the Constitution if any other law conflicts.

    Now we must consider that the Constitution establishes there are to be three EQUAL branches of government so that each may oversee the other in order to maintain a balance of power. These three branches being: Legislative (makes and establishes the laws), Executive (executes and enforces the laws), and Judicial (interprets and rules on potential Constitutional conflicts in the laws).

    So I must stress here that ONLY Congress, being the sole legislative branch and body of our government, has the authority conferred by our Constitution to make or amend laws or even amend the Constitution itself; hence the term “Legislate”.

    Now, from time-to-time even Congress isn’t paying attention and passes a law that is later found by the “Judicial” branch as being in conflict with some aspect of the Constitution. After all, this is the Federal Courts primary responsibility. If such a conflict is found by the Court, Congress will usually go back and rectify the conflict by amending the law or even the portion of the Constitution that is causing the conflict.

    But here’s the kicker that most people do not realize… Any rulings by the Court are nothing more than their judicial opinion. So while most of the time the other two branches affected (Executive and Legislative) accept the Judicial branch’s final decisions and complies, it is not a requirement. That’s right; the other branches may disregard the Court and do as they please. This is not to say there won’t be other consequences for ignoring the court, but the resolve of the people in such matters remains to be seen.

    When this happens, the defiance of a Court’s order is usually more evident within the Executive branch since they are the enforcers of all laws and it becomes more obvious to the people when they opt to defiantly continue enforcing a law or fail to stop enforcing laws depending on their defiant actions in opposition to which way a Court had ruled on the law in question (ref Obama).

    Along the same vein of thought, any level of government (federal, state, and local) can pass any laws or executive orders they please, but that does not automatically mean they are justified or that they do not conflict with the Constitution (ref Obama).

    Some of these lower laws might even go into effect and remain so for years before someone decides to challenge it as a violation of the Constitution. Then and only then is the Court allowed to hear such matters, but not until someone aggrieved by the defiant law establishes standing and properly petitions the Court for their opinion first.

    So where does “legislating from the bench” come in? ALL judges, regardless of which level of government they’ve been elected or appointed to serve, still must always fall under the judicial rules as set forth by the Constitution. Specifically, all judges are mandated and bound by oath to ALWAYS uphold the Constitution regardless of their personal beliefs or politics.

    So when an obviously conflicting law is brought before a judge that still chooses to rule in favor of that law which continues to defy the Constitution, it is said they are “legislating from the bench”.

    More specifically, these judges have inappropriately taken on the role of the legislative body when ignoring the Constitution by ordering a lower unconstitutional law to remain in force and therefore have effectively created new legislation beyond the Constitution they were sworn to uphold. And since they are the “Judicial” branch and not the “Legislative” branch it is said they are “legislating from the bench” because that is not their job.

    So when this occurs, judges are in-fact “doing something they are not allowed to do” and they “should [always] be despised for it” as it is extremely “unAmercan”. Not only is it dishonorable and a violation of their oath to uphold the Constitution, but it is an impeachable offense as well.

    So hopefully you now understand how mistaken you were to write, “the judge was NOT legislating, because she agreed with the legislators”. When the reality is this judge was sustaining a state’s lower legislation that she knows quite well was illegal by conflicting directly with the Second Amendment of the U.S. Constitution – the Supreme Law of the Land.

    This is not my opinion, this is a fact.

  85. “large capacity magazines”? How about “standard capacity magazines” or “full capacity magazines”?

    Actually, this may be good for our side IF the plaintiffs are willing to take it the next level….

  86. This judge did the citizenry of this country a favor. The conflicting rulings that already have and will eventually occur between the federal judicial districts, will eventually force such opinions to be settled before the justices of the Supreme Court.

    1. Someone should tell these ignorant fools that AR does not stand for ASSAULT RIFLE but stands for Armalite Rifle, the original Manufacture of this weapon. And it was made this way for us Nam vets who lived with the M-16. Being familiar with a weapon makes it that much easier to use. The east coast is lost, you all should move out west where guns are a part of our lives. Open carry and conceal carry without a permit and our crime rate is never a problem.

  87. This is a perfect example of why the government / democrats wants to take the guns of the citizens . people just get sick of there bullshit massive regulation Out-of-control well fair state , emigration that’s completely crazy eventually people are just going to hit the streets

  88. I thought the Supremes settled this in Heller…..guess not. But to say AR’s aren’t in practice is foolish, look around they are everywhere and to say they are an assault weapon is ignoranct. I don’t see a single country asking their troops to march with a semi-auto weapon.

    The thing to remember is this: THEY WANT THEM ALL. They will be happy with AR’s but they’ll never quit until all guns are gone. People that say “they don’t want to take your guns or this is “common sense” gun measures” are lying. Never forget THEY WANT THEM ALL.

  89. It’s a sad day when some libtard judge on the east cost or any were for that matter can rule that my rights as an American can be taken from me really piss me off. We the people have an oblagation to the next generation to elect the right people to over see our government, it’s called social engendering thy take little pices of our freedom day by day year by year. We the people have to take control of our country, not sit and just take. Educate people about our country, help instill LOVE for our country. Molan labe

  90. If you want to stop the stupidity of this government then we better show up in mass numbers at the polls in November. We need a congress that will support and defend the constitution as written, not interpreted by some liberal judge. Elections have consequences. We must vote in the conservative in mass numbers in November, otherwise it’ is all over but the fighting.

  91. Ahhhh, the “original legislation?” Is in the constitution? They’ve done nothing buy take liberties with it since it was written…. The constitution was inspired by God, who inspired this legislation?

  92. U.S. v. Miller is limited due to the lack of a defense presentation, either at trial or on appeal. Thus, the Miller opinion greatly diminishes the scope of the second amendment from what was intended by the founding fathers. Nevertheless, it does state that any weapon that could be used “for the common defense” is protected under the second amendment.

    As a result, under Miller, AKs, AR-15s and other military-style weapons would be the only weapons that are protected by the second amendment.

  93. I am a proud gun owner, but I have to say that the phrase “legislating from the bench” makes it sound like judges are doing something they are not allowed to do, and that they should be despised for it, etc. But…judges are part of our American system. We own it. We have lived by it for 200+ years. It’s who we are. And further, in this case, the judge was NOT legislating, because she agreed with the legislators. I don’t agree with her decision, but saying judges “legislate from the bench” as if it were unAmerican to do so, is to criticize one of our core values as a country. Our country is not perfect, our system of gov’t and laws is not perfect, but it’s pretty damn good.

    1. We have separation of powers. Executive, legislative, and judicial. Only the Congress, which is the legislative branch, has the power to make laws. The duty of the courts is to determine if those laws are constitutional or not. Judges have no constitutional authority create law from the bench. That being said, I agree that “activist” judges legislate from the bench all the time without consequence. No our country is not perfect nor is our system of gov’t and laws. Never has been and never will be, it is merely the best system going, but I think a more strict adherence to the separation of powers as intended by the constitution would be a vast improvement.

    2. Are you freakin’ high!? My God son, that was about the most retarded thing I’ve ever read!

  94. I’ve read this disappointing but not surprising story 3 or 4 times usually listing all the plaintiffs. Where the heck was the all powerful NRA in this,beyond covering the case? As a land owner in Md. but not living there I have followed the progress of the Md. Gun Control Act of 2013, tried to make sense of the wording to interpret the “grandfather” portion. Of course the NRA tried calling me just the other day again for $$$. I’m a life member as are my 2 sons, but starting to wonder what they use all those dues and contributions for. They wanted Harry, I didn’t They wanted Thad, I didn’t. I could go on, but I think they like the good old boys. Love the old home place, but it,s getting like Agenda 21 or the Hunger Games near DC

  95. “when people fear the government, you have tyranny; when the government fears the people, you have liberty”…. Seems like we need to start putting more fear into the permanent ruling class in DC!!!!

  96. 3% is all assault weapons comprise of the total amount of guns own.. but to determine common possession is not based on numbers it is based in individual ownership.. Now if this judge had taken math in college instead she would realize If there were 20 million gun owner for instance and each own 10 handguns that would raise the total numbers but it still would be 20 million gun owners.. if 8 million ARs are owned by 8 million different people then what does that mean as far as common ownership.. the percentage is a lot higher and would make this more in line with the facts.. It .

  97. But the logic of this judge and I use the ter loosely , pink under garments for women should be outlawed as 51% of all wome do not wear them on any given day. If lr this judge was elected by the people, we deserve what we get. If this judge was appointed, we are in big trouble. Either way , if this were ever challenged at the federal level the only outcome would be over turned.

  98. This won’t hold up for long. Adams v. Williams 1972. The court ruled that a Sawed Off Shotgun had no military value and thus was not protected under the 2A.

    Now a judge is saying weapons with military value are not protected. I believe the 1972 ruling will win out.

  99. Dave, clip takes up less space than Magazine is easer to spell, but the long and short of it you understand what I was saying.

  100. Rights go to people, not inanimate objects.

    The Second Amendment don’t specify which arms may or may not be borne.

    It is the citizens who have the right to bear whatever arms necessary to overthrow whatever tyrants try to disarm them. Remember Lexington and Concord!

    1. If you live in Maryland? MOVE! I lived in Northern VA, and we always hated Maryland… It’s incrementalism, they’re taking bites out of the apple. One day, they’ll want the whole thing.

  101. The purpose of the 2nd is so the “people” can possess the same type of weaponry, “arms” that the government does, so the people have the right to never be outgunned by the Government. The people hold the power in our Government. “A Government for the people, by the people.” If someone doesn’t want a gun, or does not deserve a gun because of thier transgressions, then that is one thing, but for those who want them and reserve that right, it is an infringement not to allow them to have them…

  102. The purpose of the 2nd is so the “people” can possess the same type of weaponry, “arms” that the government does, so the people have the right to never be outgunned by the Government. The people hold the power in our Government. “A Government for the people, by the people.” If someone doesn’t want a gun, or does not deserve a gun because of thier transgressions, then that is one thing, but for those who want them and reserve that right, it is an infringement not to allow them to have them.

  103. Steve I hope you were not including me as liberal. Believe me I am an NRA card carrying conservative. What I was trying to point out is the judge had no idea of what was in the Law she was up holding. I doubt that she even read it but instead upheld the law on her personal beliefs, for that reason her decision should be overturned.

  104. The time is coming soon when we the people will have to say enough is enough with your unconstitutional laws and draw a line in the sand and back it up with our lives if necessary! I honestly do not want this to happen for i would love nothing more than to grow old gracefully with my family but not at the cost of our republic and our families freedoms. Maybe that time is now?

    1. “Your duty is not to die for your country. Your duty is to make the other bastard die for his country.”- General George Patton.

      Let’s do some of that before we check out.

  105. The logic is flawed and the ruling, subsequently, nonsensical. Judges are no less subject to their own innate biases than other human beings, try as they might to ignore them. Activist judges sit on both sides of the political divide, as demonstrated by the Supreme Court in “Citizens United” when they eviscerated 40 years of congressional intent to limit the ability of the super rich to overwhelm the electoral process with unlimited spending, and more recently when overturning corporate election spending limits. Gun control and big money equally threaten our individual rights. Judges on the right are rarely condemned when legislating from the bench, in the media or in forums like this.
    Flame away.

  106. People – let’s not forget why the second amendment was written. It was NOT written so people could defend themselves from other people. The main purpose of the second amendment is so the people can defend themselves from a tyrannical government “Is necessary to the security of a FREE state”. It was written to ensure the government always answers to the people…. Even though we are far that ideal already.

  107. I am surprised some judges and members of congress/senate don’t try to say the second amendment only refers to the types of firearms in use in the early 1800’s. (I.e. Black powder – flintlocks!)

    1. congress and the senate are one and the same it is not congress/senate

      congress is made up of two houses the senate and house of representatives ?? not congress and the senate??

  108. The Ar15 is the most beloved rifle in this country and hands down has to be the biggest seller. This ridiculous judge is completely out of order. The only way to win this game is to vote every liberal out of office and vote for presidents who are going to respect the Constitution and will fill the courts with conservative judges that will do the same.

    1. John, I agree with you 100% wholeheartedly, but America doesn’t “Get It”. By that I mean THEY STILL THINK their voice will be heard through the ballot. The elite banking cabal running our country with their “network of “bought & placed” (hang on a minute, I’ll explain “bought & placed” and how easy it’s done !) “puppets” took over that Right several decades ago now. They simply “appoint” their next puppet but give you “the feeling” that your ballot, your voice was “heard”. It’s called computerized voting, and YES even the “color the dot and scan the paper” machines NOT just touch screen models. This is why the banksters implemented the computer voting in the first place !! THEY “OWN” ALL OF THE “GOV’T FUNCTIONS” OF OUR COUNTRY !! The endless “wars of profit” in the middle east are just another “20 year Vietnam war of profit” fought in the sand instead of jungle. Here take a look just how easy it is to control ALL of this- OR If you don’t want to hear the testimony in the 2nd link fast forward to the 1:15 mark to see the machine demonstration.

  109. Jack your a coward for giving up. Those words you just spoke are weak and feeble. I think you lack common sense on this. Believe me when I say, you will have to pry my tools from my cold dead hands. Or don’t believe…

  110. Sorry to say I am a Maryland resident, but for the judges information and all out there the MD. Gun Law does not band all AR’s. Ok, are you confused yet? The law is very confusing, you can not purchase any firearm made by Bushmaster. That being said you can walk into decent gun shop in MD and walk out (as long as you pass the back ground check done immediately at the time of purchase via computer) with an AR as long as it has a heavy barrel and a clip capable of holding a maximum of 10 rounds. You can have a 30 round clip as long as it has a devise limiting it’s capacity to 10 rounds. The rifle can have an adjustable stock, flash suppressor and quick release clip. As I said the law is very confusing the 10 round clip thing does suck but at least you can still purchase and shoot AR’s in Maryland.

    1. If you don’t stand for something, you’ll crawl for everything!!!! If you citizens let this go your just being cowards!!!!

  111. They are the most protected of all weapons! Shouldn’t the American Citizens be as well armed (if not better armed) than those who serve us?

  112. It appears that more and more North Eastern Liberal Judges think they can get around the Constitution just like their Liberal Marxist President. I don’ t remember in the 2nd amendment saying one side could use one type of gun and the other side would have to use another type of gun, just to keep it fair. The militia part of the 2nd amendment is there for a reason. It is to protect WE THE PEOPLE from a tyrant government. It appears this tyrant government does not want any resistance to their evil, they want controlled slaves.

  113. This is another Liberal Judge, that thinks she can make law. Her job is to enforce the laws on the books. Which part of the 2nd amendment does she not understand….SHALL NOT BE INFRINGED….maybe she is a commie liberal that supported Obama.

  114. The gun owners of this nation are wimps. We deserve what we get. Look at the riot out west where a peaceful demonstration was held to protest the shooting of an unarmed black boy. the Police roll up in Humvees and a frickin Abrams army tank. Our police are being trained as soldiers and the US citizens are like the al Queda. All ya hear is lets do something about it and then you hear, I can’t, I have a wife and kids. So much I want to say but it is a waste of time. We are sheep, cowards. Trying to fight unjust laws is a waste of time. I quit, let another coward do it

  115. No, the states and people are the final arbiters of the Constitution through nullification. The Supreme Court usurped this power under Marshall. Its not understood why this was allowed but it was….

    1. no win situation. just because the look of a rifle to be called an assault rifle is ludacriss an assault rifle is a German sub machine gun with a folding stock . that’s what Hitler named it. no firearm is void from the 2nd . none!! ARMS, MEANS ANY TYPE OF FIREARM. WE CAN OWN FULL AUTO MACHINE GUNS IF WE WANTED TOO. . FULL AUTO IS ONLY GOOD FOR MORE THAN 3 ATTACKERS AT THE SAME TIME. THE BOTTOM LINE IS , OBAMA WANTS THE PEOPLE TO BE DIS ARMED SO THEY CAN CONTROL US.

    2. First off I partially agree with you punisher. Assault rifle is a nondescript term used for whatever people what it to be anymore. In general an assault rifle has the ability to fire multiple rounds with a single pull off the trigger according to the ATF. Second where in this article is the executive branch of our government or our president referenced? These gun control laws are an issue brought about by the legislative and judicial branch. They are the ones that want to take your guns away not Obama. Furthermore I completely agree with the author on this ruling and it is the job of the supreme courts to decide if laws are constitutional. There are numerous studies that show that banning certain types of firearms has little to no influence on crimes committed with those weapons as criminals will find a way to obtain these weapons. This ruling should most definitely be appealed to a higher court as obviously this particular judge has little understanding of firearms. Lastly to those that want to say this is a liberal/democrat agenda look at all the republicans that have also supported such attempts. It’s not a liberal or conservative thing it’s people acting on incorrect and or lack of knowledge.

  116. I think it is safe to assume that this judge had her agenda planned out well before her ‘ruling’. The Supreme Court should be the qualifiers of the Constitution ,not regional judges with axes to grind.

  117. In legal terms the word “shall” means carved in stone. No ambiguity, it means must. The only amendment that says “shall not be infringed” is the 2nd. Lest we should forget, the Constitution is not a charter for our behavior, but is the rule book for the govts actions, what they CAN and CANNOT do. If it isn’t in there, they can’t do it. If it is in there, they must do it. Since our right to keep and BEAR arms is not for target shooting or hunting but is specifically to defend ourselves, even and maybe foremost against govt, then the “shall not be infringed” takes on real meaning. Why would we LET an entity we may need to fight dictate what weapon we have and when or where we can have it? ALL gun laws, city, county, state, and federal, are illegal. None of these entities have the right to restrict our means of defending ourselves. When the British were attempting to take the guns from the arsenal at Concord/Lexington to take away the Patriots ability to defend themselves, someone “opened the ball” and after years of bloodshed scented with determination, America was born. We owe too much to the founders to allow the leftist scum to usurp rights that are God given. We aren’t allowed or permitted our rights by the govt. We allow the govt to exist, not the other way around. Part of their “few and enumerated” functions is to protect our God given rights. They have no right to add or change anything. The govt is our SERVANT, not our master. Currently we still have both the will and the means to resist tyranny. Let them take our means away and our will fades too.

    1. Thank you so much for this moment of clarity, and let this statement ring as loud as “the British are coming”,

      “We allow the govt to exist, not the other way around. Part of their “few and enumerated” functions is to protect our God given rights. They have no right to add or change anything. The govt is our SERVANT, not our master”

      Have we now come full circle, do we now need to again proclaim the clarion call, “the British are coming, the British are coming”. Alas, but I think so!

      Thanks again and let’s sound the clarion call as oft we can while we still have breath and the will to do so!!

      And a footnote, it is said that Paul actually uttered “the regulars are coming”, but the British are coming does resonate better, eh.

      And I love your entire statement!!


    1. We already are defunct as a Republic. We are a democracy if not an Oligarchy or a corporate fascist state. Lobbyist (most lawyers), State reps (most lawyers), Governors (most lawyers), Legislative Bodies (most lawyers) and The Executive bodies are all ran by ass hat BAR member associates. If you want to change the country stop voting for lawyers and start voting for statesmen, and freedom loving individuals, not people who serve your own interests. Including the CEO in charge of the 10 mile square corporation known as the District of Columbia or U.S. Their policies are for their corporation and should have no force of law against us not in their jurisdiction or within their corporate boundaries. This isn’t some patriot/ sovereign citizen legal theory it is based on facts. People need to start doing their homework. Don’t listen to disinfo but rather go straight to the horses mouth (their agenda is written in plain sight for everyone to see….See it and resist it. Ask yourself these questions: What is a citizen according to legal language, what is a license, what is a “State”, what is a “Government”, The fact is that all these “officials” or “agents” in our government know exactly what they are doing they are trained in law and you are correct. They are driven by greed, not by honor out of duty to serve the people. They serve their own selfish desires at the expense of others.

  119. Doesn’t anyone know their American History?? I have a letter to the local Selectmen dated 1820 that requests that a number of men ” to insure a well regulated fire company and a well regulated militia” that named men be appointed to these groups.. A well regulated fire company required that each member keep and maintain a leather fire bucket in each home. A well regulated militia required each member to keep and maintain a musket or shotgun in each home..Well regulated meant well equipped not well controlled..The Selectmen did not control the Fire Company a Commission did. The Selectmen did not control the militia, their officers did..Well regulated meant WELL EQUIPPED not WELL CONTROLLED.

  120. When I read about other court decisions that rule in favor of positions I may not agree with, at least they are usually founded on some type of logic and facts that allows me to reasonably accept the loss; however, in this case it is impossible.

    This federal judge’s decision was such an incredible stretch from reality that it is more than obvious she is profoundly anti-gun. Ever since the Heller ruling was won this judge has been salivating for an opportunity to get her hands on this type of case just to get even.

    Her greatest feat here was not in earnestly deliberating the facts with judicial integrity, because it is quite apparent she did nothing of the sort, but rather her true landmark feat was in figuring out how she was going to wrap her twisted logic around all the solid facts that fly in the face of everything she ruled against. Well, she failed miserably at convincing anyone, and she should cringe with the utmost embarrassment.

    We know these types of biased judges manage to get on the bench, it’s an unfortunate part of life, but it is still an incredible let-down to see one in action. I am not even certain she cares how obvious her bias showed in this one.

    I truly hope this is an isolated incident that will be corrected by the Supreme Court with a simple overruling. However if this is instead a growing trend, then left uncheck, something this obvious delegitimizes the entire court system – and these matters will need to instead be taken up by the people before it become detrimentally beyond our control.

    1. These Judges (lawyers in black robes) are taught in law schools ran by communist for communist. The Gov. Gives Universities our Tax payer money by extorting it from us through force through a private international bank (the federal reserve). That is terrorism. Using force and intimidation to further a political or religious agenda. The Bar Association is on the record reported by congress as the communist party. look it up. The problem is all or most politicians also are lawyers and serve their allegiance to their oath to the bar association instead of their oath to the constitution and to the people to be able to hold their office. All politicians and lawyers who violate their oaths of office should be impeached or tried on criminal charges of conspiracy, Perjury, domestic terrorism, insurrection and treason. The problem is you can’t get a lawyer to indite another lawyer. The whole system is ran by lawyers, bankers and foreign international organizations and corporations. We lost this country a long time ago. Now we are playing catch up when its already almost too late if not too late already. Look into the International Re-organization Rescind Act and the International organization immunities act- the latter never rescinded because the supreme court would not hear the case back in 2005 making all who take an oath actual foreign agents- look up Title 8 USC 1481 its all in black and white. Look up Title 22 USC Chapter 11 and Title 22 CFR 92.12-92.32 (The oaths to uphold International law) not constitutional or common law as required by their original oaths of office under the constitution. We need sheriffs and their possies to round up these enemies of the state under the 10th amendment. The states have the power to enforce whatever law they want even if it is in direct conflict with federal law (example: Pot in California, Washington State and Colorado). Sherriffs have the highest jurisdiction in their counties and states, But they too are elected representatives put there by our vote, so if they don’t perform kick them out. Hold these enemies to our freedoms to account for their actions. All these bureaucracies arming themselves to the teeth and giving armored military vehicles to small town usa police agencies isn’t by accident. We paid for it and our governors allowed the funds to be used for that purpose. Lets start using that equipment to start arresting the real criminals in this country. Because if we allow foreign agencies to run our lives here domestically it isn’t any different than having a foreign occupier like (insert tyrannical foreign government here) patrolling our streets. Those of you out there who wear a uniform: We are not your enemy, but you are being used as ass puppets by international organizations and globalist elite. Is that really the future you want for your country? If it is count yourself as our enemy, we are your neighbors and there will be a day of judgement just like the Nuremberg trials. Just following orders wasn’t a good defense for them either. Honor your oath to this great country and its inhabitants, be honorable and courageous. If our elected representatives don’t stand for our rights then we the people have the right to abolish that form of government-hopefully through peaceful means, but if not they leave us no choice but to use the force they so willingly use on us to resolve the problem. Don’t let the playground bullies keep bullying its time all the kinds on the playground beat the shit out of the bully and put him in his/her place.

  121. Good article, Dave. I would add that the esteemed judge’s parents used “flawed logic” when they thought they would be doing the country such a great favor by giving birth to yet another nutcase.

  122. We have frigg’in idiots making decisions they know nothing about. Geo Washington said: “A free people ought not only be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status if independence from any who might attempt to abuse them, which would include their own GOVERNMENT”. This proves all these idiot judges are truly idiots. Molon Labe!!!!!!

    1. Well said. Ultimately, the idiots win because there are enough idiots to vote for them. I’m not sure there is a solution to that problem.

  123. When our judges are as full of crap as our legislators and executives in office then we’re going to have a hard nut to crack. We need to get these clowns out of office along with the people who put them there. Come November we have to make our choices clear.

  124. As long as people insist that the 2nd Amendment is to insure a right to hunt we will have this problem. Misinformed people and those with an anti gun agenda will believe that modern long guns are not hunting guns. Hunting should not even enter into the picture. It is my right to feed my family by any means. The intent of 2A was to protect Liberty and to that end we should be able to own any, ANY firearm available.

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