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Another Judge Fails the 2nd Amendment – Upholds Rifle Ban

There is a very good reason that I tell people to consider the courts the LAST defense (ok 2nd to last defense) of the right to keep and bear arms.  That reason is because there are judges like U.S. District Judge Catherine C. Blake.

Blake, who was appointed by Assault Weapons Ban President Bill Clinton has ruled that “assault” weapons are not protected by the 2nd Amendment.

From our friends at Liberty Unyielding:

The lawsuit, titled Kolbe, et al vs. O’Malley, et al, was filed in the U.S. District Court in Baltimore by numerous plaintiffs, notably the Associated Gun Clubs of Baltimore, Maryland Licensed Firearms Dealers Association, Maryland State Rifle and Pistol Association, and the National Shooting Sports Foundation.

Their lawsuit challenged the constitutionality of Maryland’s recently-enacted draconian gun laws. Those same laws prompted famed firearms manufacturer Beretta USA to take its base of operations–and the jobs that come with it–to Tennessee.

U.S. District Judge Catherine C. Blake, who was appointed to the bench by former President Bill Clinton, remarked in her 47-page opinion:

Upon review of all the parties’ evidence, the court seriously doubts that the banned assault long guns are commonly possessed for lawful purposes, particularly self-defense in the home, which is at the core of the Second Amendment right, and is inclined to find the weapons fall outside Second Amendment protection as dangerous and unusual.


You can read the article in its entirety here:  Judge rules AR-15s not covered under Constitution, and are ‘dangerous and unusual’

A few thoughts from me.  Judge Blake is a gun hating simpleton.  She no doubt lives in a sound vacuum surrounded by her anti gun parrots who regurgitate the same flawed logic that she herself has put into practice as a disgrace to her profession.

What she calls “assault long guns” are sporting rifles like the AR-15 which happens to be the best selling types of rifle in America today.  Her nonsensical language of it being “dangerous and unusual” should see her disbarred for being incompetent.  Firearms are dangerous to begin with, they are not toys.  To use the argument that since they are dangerous they should be banned opens up a slippery slope to banning ALL guns because ALL guns are dangerous.

But that is only the first jab of a one-two combo of idiocy as Judge Blake also claims that “banned assault long guns” are unusual.  Unusual?  To whom?  The AR-15 alone is owned by over 5 million Americans.  So Blake ruled on her own bigotry and as such denies the civil rights of Americans.

And finally, just for some icing on the cake, no where in the 2nd Amendment does it say anything about weapons not covered because they are “dangerous and unusual”.  If Judge Blake is so incompetent that she can’t even keep straight the Amendments to the Constitution then she has no right to be a judge.  She obviously is blurring the lines between the 2nd and 8th Amendments.  The 8th including the part about prohibiting cruel and unusual punishments.

So once again, do not expect the courts to do what is right and rule in accordance to the Constitution.  The world is full of bigoted, ignorant and ugly people…and unfortunately, some of them wear robes and sit atop bench in court.

 

  • jimpeel

    “To use the argument that since they are dangerous they should be banned opens up a slippery slope to banning ALL guns because ALL guns are dangerous.”

    By that standard:

    To use the argument that since they are dangerous they should be banned opens up a slippery slope to banning ALL swimming pools because ALL swimming pools are dangerous.

    To use the argument that since they are dangerous they should be banned opens up a slippery slope to banning ALL chain saws because ALL chain saws are dangerous.

    To use the argument that since they are dangerous they should be banned opens up a slippery slope to banning ALL power tools because ALL power tools are dangerous.

    Get the picture?

    • Bob

      Pencils too.

    • Sarg

      What these educated idiots don’t seem to understand, is anything used as a weapon
      such as a fist.hammer,screwdriver, on and on can be called an assault weapon if it’s
      used to assault someone.
      A gun is not dangerous you can sit it in a corner and it will behave nicely.
      It’s the person that handles it that can make it dangerous.

  • As long as Article 6’s Christian test ban (and with Biblical qualifications, such Exodus 18:21) remains intact, America’s courts (as well as the Legislative and Executive branches) will continue to be predominated by lawyers like Judge Blake, and America will continue her slide into the chasm of moral depravity and destruction. (For more, see online Chapter 9: Article 6: The Supreme Law of the Land” at http://www.bibleversusconstitution.org/BlvcOnline/biblelaw-constitutionalism-pt9.html)

    Furthermore, this only goes to further prove the vulnerability of the Second Amendment’s optional right as contrasted with non-optional Biblical responsibilities (such as Psalm 149:6-9 & 1 Timothy 5:8). The Amendment with the wording “shall not be infringed” is the MOST infringed, licensed, and limited Amendment of the entire twenty seven, and will only become more so. (See blog article “The Second Amendment is Doomed” at http://www.constitutionmythbusters.org/the-second-amendment-is-doomed/.)

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