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Federal Judge Upholds Maryland Assault Rifle Ban

August 14, 2014  | 

A federal judge on Tuesday upheld Maryland's new ban on assault rifles and magazines capable of holding more than 10 rounds, handing at least a temporary victory to state officials who say the measures could ward off mass shootings, reports the Baltimore Sun.

A collection of gun owners, stores and industry groups had sued the state, saying the bans violated their Second Amendment right to bear arms.

Judge Catherine C. Blake disagreed, writing flatly: "I find the law constitutional."

Blake's decision adds to a growing list of legal victories for states that have tightened their gun laws in recent years, even after the Supreme Court decided in 2008 that the Second Amendment guarantees an individual right to bear arms.

Gun rights advocates say they are not disheartened, however, and plan to keep fighting.

 

Tags: Assault Weapons Ban, Maryland Laws, Maryland


Comments (14)

Displaying 1 - 14 of 14

PC9741 @ 8/16/2014 10:29 AM

Leave the state...plain and simple. Maryland (among many others) is lost, and will be the one of first to fall to tyranny. Neutered gun owners are much easier to pacify.

Deputy Ken @ 8/16/2014 10:36 AM

This is idiotic, the judge needs to re-read the "shall not be infringed" part of the second amendment. Banning guns isnt the answer, since criminals dont care about the law anyway. It only hurts lawful citizens and strips them of their rights. If a criminal doesnt care about it being illegal to kill or rob, what makes anyone think a criminal will give a crap about it being illegal to own a certain type of gun. It wont prevent them from getting guns either, lots of things are illegal (like drugs for example) and criminals still have them abundantly. Most certainly they will continue to have them now that the law abiding folks have been punished for the actions of one mad man. Sandy Hook would still have happened if this law was on the books years ago and it will likely happen again. The difference will be that now only the criminals will have guns.

James @ 8/16/2014 10:47 AM

What happens when the nest mass killing isn't by guns? Or if by guns are pump shot guns? What needs to happen is an all out assault on this judges career and have him thrown out of office as a treasonous actor. This is a nation by for and OF the people, not the Feral Government. This places Law Enforcement inn the cross hairs as the target once again. I hope my fellow brothers and sisters realize that Politicians and their actions have been for many years ratcheting up the hatred of Law Enforcement. They would love nothing more than to see hundreds of officers killed as an excuse to draft draconian laws against the people and use us as human shields. This has to stop. Most people only see the Police uniform as a symbol of tyranny, and not the morons elected. Wrong is this is it still is a fact. Washington is making us targets.

Chuck Kelly @ 8/16/2014 6:25 PM

So when a victim or even an officer shoots it out with a criminal and both shoot 11 times both will be one booking number apart.

Beast @ 8/17/2014 5:16 AM

ONE in the chamber, TEN in the mag. Just like the Beretta model 96.

Bob @ VA @ 8/18/2014 4:52 AM

We have no such limitations in VA, as well as must-issue concealed carry and no restrictions on open carry. MD, of course, has a crony-ridden and highly restrictive may-issue system, as well as the draconian bans on modern sporting rifles and standard-capacity magazines. According to the UCR for 2012, the violent crime rate for MD was 476.8 - well above the national average - while VA was only 190.1 per 100,000. In 2012, MD ranked 9th in the country for violent crime, VA ranked somewhere around 34th. Go figure. Also, most of the violent crime in VA is centered in two Obama strongholds that are the least gun friendly - the Richmond and the Virginia Beach areas. I'm shocked.

Dave Evans @ 8/18/2014 6:01 AM

As a serving LEO in Australia I still can't get my head around the much debated and recently re-ignited gun debate in the US. I have read the second amendment and the various definitions of "well regulated militia", "bear arms" etc., but continue to be puzzled that there is such strong support for civilians to go armed. I believe that one of the unintended consequences of the Founding Fathers 2nd amendment is the sheer volume of (now modern) firearms, particularly semi and full automatic heavy calibre. Surely these weapons should be restricted to the Police and Armed Forces? Surely the abundance of weaponry that is reasonably available to all and sundry is one of the reasons for the unusually high number of shootings and deaths in the US? I know I'll be howled down as a heretic and lunatic (by some) but logic dictates that less guns = less shootings.

Greg @ 8/18/2014 6:37 AM

Hey Dave, that's the difference between peasants and citizens. How're the hot robbery rates going in Australia and England..through the roof since the peasants can't protect themselves and the robbers aren't afraid?

"High number of shootings in the US"...well, take away the demographic population Europe, Canada and Australia don't have, our violence rates are lower than theirs..just comparing apples to apples.

And don't call me Shirley (Airplane quote)

Richard Hightower @ 8/18/2014 6:54 AM

Of course a FEDERAL judge upheld the restrictions and limitations of the Natural Rights of American citizens. She is after all a representative and agent of the every more totalitarian organization that has taken over the Republic. Only lip-service is paid to the Constitution of the United States of America by that government.

Richard Hightower @ 8/18/2014 6:58 AM

If Dave Evans (Austrailia) had indeed read and researched as he claims, then he would not have made the ignorant statement he posted. (No disrespect intended, Dave.) You obviously do not understand -- or are deliberately oblivious -- that Americans value our Liberty and Freedom and are NOT the subjects are you are in the Kingdom. The ONLY King we have is God himself and we answer directly to Him and not some corporail userper in the guise of a "noble persoanage" or a corporate body of the same. *** Ne Obliviscaris ~ Bona Na Cruinne ~ Nemo Me Impune Lacessit !
***

TX Lawman @ 8/18/2014 11:07 AM

Dave Evans, I know one of your ranking female Chiefs in Austrailia. She says the worst thing they ever did to Austrailia was disarm it's citizens. She says the bad guys still have weapons and her area is the size of Texas with only 500 officers. She told me, "Don't let it happen in America, you will be forever sorry". She is here visiting Texas as I write. As far as here, it is what and how our country was created. The citizens stood up against the corrupt British government and defeated it. We still have weapons to make sure our government does not try to rule us. They are supposed to work for us not against us. We also have many more people killed by automobiles than gun fire...should we take away cars. Anyway, stay safe Dave. I wouldn't want your job. 50-100 miles from the nearest cover. You can't even take your gun home with you she says. You have to lock it up at the station before you leave. I would feel naked. Never leave home without it.

Dave Evans @ 8/18/2014 3:50 PM

Thanks for the replies people. It is a very complex issue but at least we both live in democracies and have the ability to express our views.
P.S. Thanks for the little joke Greg, the movie over here was billed as Flying High but remains a classic.

ssc1911 @ 8/19/2014 7:12 AM

Sadly the judge doesn't understand what shall not be infringed actually means.
Recently in NJ within the last six months there was legislation to reduce the legal amount of ammo from 15 rounds to 10 rounds, citing the Sandy Hook,CT shootings. Also this law if it was signed and became law would have made criminals out of the law abiding people that are legal gun owners in NJ.
In 1991 then Governor Jim Florio, who is an ardent anti gunner passed a law making high capacity magazines a criminal offense, law enforcement was exempted from this. This bill was enacted after the Stockton, CA shootings by Patrick Purdy. Prior to enacting the high cap mag bill in 1991, those magazines were legal to possess and use. These laws are useless and serve to further restrict the law abiding people legal use of 15 round magazines.

This ruling has set a preference for the anti gunners or other states wanting to enact a mag restriction law. Judge needs to be removed from the bench.

reglaw @ 8/19/2014 2:27 PM

It is worth remembering, when calling someone else out for not doing the homework, that the U.S. Supreme Court in D.C. v Heller and McDonald v. Chicago, in addition to acknowledging that the second amendment guarantees individual ownership, also stated that local jurisdictions could still regulate that ownership and the commercial sales of said weapons.

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