Kolbe v O'Malley Motion For Summary Judgement Filed 17 March 2014

[pilotguy]

I agree. It is almost guaranteed that this will be shot down by the CA as well.

 

[thomfantomas]

Well this has officially ruined my afternoon...not that I did not expect this

x2

 

[Patrick]

Everything you need to know about the decision, summed up in two key snips:

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.

Turning to the record in this case, Maryland’s ban on assault long guns and LCMs survives intermediate scrutiny. The evidence demonstrates that assault weapons have several military-style features making them especially dangerous to law enforcement and civilians.

For the Record, MSI appreciates the judge's willingness to probe the entire record and offer an opinion as rapidly as she did. We look forward to our appeal.

 

[EL1227]

We've known from the beginning that this case was going to go to higher courts. While it would have been nice to see a win, is there anyone here who is shocked at the outcome? Our legal team says they expect to go on up to SCOTUS.

Might be prudent to get our ducks in a row now, if that hasn't been done already.

I know that SAF has it's hands full with Palmer and other litigations, but it wouldn't hurt to be 'trading notes' with Gura and company now so we know to make the correct chess moves when they are needed.

 

[Topher]

The evidence demonstrates that assault weapons have several military-style features making them especially dangerous to law enforcement and civilians.

Seriously?????

People hurt themselves and others all the time with folding stocks and flash hiders.

 

[Jaybeez]

http://www.scribd.com/doc/236628112/Baltimore-District-Court-gun-ruling

judge's decision

 

[44man]

Quote:
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.
Quote:
Turning to the record in this case, Maryland’s ban on assault long guns and LCMs survives intermediate scrutiny. The evidence demonstrates that assault weapons have several military-style features making them especially dangerous to law enforcement and civilians.



this is all the msm wants see and all that they will show on the news tonight. this just seems so stupid to me coming from a judge.

 

[DC-W]

We knew this would happen and knew it wasn't going to stop here. Keep calm and move on. Thanks to all involved parties.

 

[Engine4]

"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."

How can the judge "doubt" anything? The facts state either one thing or another!! This statement just proves the ambiguity of the judge's thinking (or that the governor's office is pulling the strings).

 

[Mark75H]

Quote:
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.
Quote:
Turning to the record in this case, Maryland’s ban on assault long guns and LCMs survives intermediate scrutiny. The evidence demonstrates that assault weapons have several military-style features making them especially dangerous to law enforcement and civilians.

Really hard to wrap my head around how a HBAR is significantly "less dangerous and less unusual" than a Mil Spec barreled rifle - also can't find the part of 2A that imposes or allows such a limit

 

[teratos]

I think she may have given us a gift.

the court seriously doubts that the banned assault long guns are commonly possessed for lawful purposes, particularly self-defense in the home,

She hasn't done her homework.

I also differ with her on self-defense in the home being "the core" of the 2A. While self-defense is a God-given Right, the true core of the 2A is to preserve Liberty. That means The People reserve the Right (and the power) to overthrow the government.

 

[Mark75H]

I think she may have given us a gift.



She hasn't done her homework.

I also differ with her on self-defense in the home being "the core" of the 2A. While self-defense is a God-given Right, the true core of the 2A is to preserve Liberty. That means The People reserve the Right (and the power) to overthrow the government.

And that the government should work in constant fear of the people and not the other way around

 

[fabsroman]

All I had to do was read Defendant's Motion for Summary Judgment GRANTED. We lost.

I'm in a good mood today with a ton of work to do, so I'll read the opinion when I am already in a crappy mood. No sense ruining a good day.

Guess it is off to the 4th Circuit at this point without any trial at the District Court level. SUCKS!!!!!!!!!!!!

 

[trickg]

I'm sitting here reading through this tripe and I'm disgusted by how willing she was to accept Koper and Webster at face value, but that everything presented by the plaintiffs was held to the highest level of scrutiny. This thing just drips with prejudicial bias.

 

[Lerlactl]

I knew a win at this level would be difficult. What bugs me the most is the reasoning in the opinion for the decision. AR's and AK's are the most commonly owned semi- automatics rifles in the country. That being the case, how can anyone with half a brain consider them to not be "commonly owned for legal purposes".

 

[Mark75H]

I knew a win at this level would be difficult. What bugs me the most is the reasoning in the opinion for the decision. AR's and AK's are the most commonly owned semi- automatics rifles in the country. That being the case, how can anyone with half a brain consider them to not be "commonly owned for legal purposes".

Her gift to us ...

 

[frogman68]

I knew a win at this level would be difficult. What bugs me the most is the reasoning in the opinion for the decision. AR's and AK's are the most commonly owned semi- automatics rifles in the country. That being the case, how can anyone with half a brain consider them to not be "commonly owned for legal purposes".

Simple all of us (gun owners) are "domestic terrorists" so we are outlaws

 

[Not_an_outlaw]

UFB. Summary of Case - Plaintiffs are idiots, government is perfect.

I find it hard to believe that every single plaintiff argument lacked merit.

It's interesting how the fact that few people own them means they are not common.

Yet she puts 100% confidence in unsubstantiated claims by the state.

It looks like prime SC material. Clearly based on a political opinion of firearms. I guess the state is free to pass any legislation based on unscientific evidence. I wonder how this works with liberall ideas.

 

[44man]

I knew a win at this level would be difficult. What bugs me the most is the reasoning in the opinion for the decision. AR's and AK's are the most commonly owned semi- automatics rifles in the country. That being the case, how can anyone with half a brain consider them to not be "commonly owned for legal purposes".

because the goobermint considers all us right wing gun owning gun nuts to be criminals and the state of maryland wants to be the first to prove it.

 

[RavensFan11]

http://www.washingtontimes.com/news/2014/aug/12/federal-judge-upholds-strict-new-maryland-gun-laws/