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Maryland Federal Judge Upholds Gun Laws

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Maryland Federal Judge upholds gun laws and strikes another blow to gun owners and the Second Amendment.

On Tuesday, Maryland Federal Judge Catherine C. Blake upheld the Maryland Firearms Safety Act, keeping so called assault rifles out of the hands of law abiding citizens.

Even though we don’t all live in Maryland, the lasting effects from these types of rulings set precedents that can be used in other legal cases that could ultimately become the law of the land.

The founding fathers wrote the Second Amendment to protect the citizens from an oppressive government, or in their words “A well Regulated Militia, being necessary to security of a state, the right of the people to keep and bear arms, shall not be infringed.”

This Safety Act blocks all weapons that have a magazine with a capacity of more than 10 rounds, citing that no law abiding citizen has ever had to use more than 10 rounds to protect themselves or property, with one exception of a incident of  someone firing more than 10 rounds at intruders that were fleeing.

The judge rejected the fact that assault weapons are rarely used in the act of most crimes. The attorney for the defendants cited that the most commonly-owned rifles are the AR-15 and the AK-47, along with lookalikes.

According to the Fire Arms Safety Act, over 8.2 million rifles and guns in the US would be considered assault weapons. This law gives exemptions to retired law enforcement for some odd reason. We have millions of retired Military personnel that have far more training than police officers and they are not exempt.

Some states took action with stricter gun legislation shortly after the Sandy Hook shooting. The shooting was a tragic event, but even this law wouldn’t have prevented it from happening. Ever since, more and more laws throughout the land have been implemented and are now being overturned in many states.

What are your feelings on the Ruling and the second amendment? Follow Wide Open Spaces for more in-depth stories.

Below is just a portion of the FSA.

The Firearm Safety Act defines assault long guns by reference to § 5-101(r)(2) of the Public Safety Article. Md. Code Ann., Crim. Law § 4-301(b). Thus, the Act bans: a firearm that is any of the following specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon: (i) American Arms Spectre da Semiautomatic carbine; (ii) AK-47 in all forms; (iii) Algimec AGM-1 type semi-auto; (iv) AR 100 type semi-auto; (v) AR 180 type semi-auto; (vi) Argentine L.S.R. semi-auto; (vii) Australian Automatic Arms SAR type semi-auto; (viii) Auto-Ordnance Thompson M1 and 1927 semi-automatics; (ix) Barrett light .50 cal. semi-auto; (x) Beretta AR70 type semi-auto; (xi) Bushmaster semi-auto rifle; (xii) Calico models M-100 and M-900; (xiii) CIS SR 88 type semi-auto; (xiv) Claridge HI TEC C-9 carbines; (xv) Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle; (xvi) Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2; (xvii) Dragunov Chinese made semi-auto; (xviii) Famas semi-auto (.223 caliber); (xix) Feather AT-9 semi-auto; (xx) FN LAR and FN FAL assault rifle; (xxi) FNC semi-auto type carbine; (xxii) F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun; (xxiii) Steyr-AUG-SA semi-auto; (xxiv) Galil models AR and ARM semi-auto; (xxv) Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3; (xxvi) Holmes model 88 shotgun; (xxvii) Avtomat Kalashnikov semiautomatic rifle in any format; (xxviii) Manchester Arms “Commando” MK-45, MK-9; (xxix) Mandell TAC-1 semi-auto carbine; (xxx) Mossberg model 500 Bullpup assault shotgun; (xxxi) Sterling Mark 6; (xxxii) P.A.W.S. carbine; (xxxiii) Ruger mini-14 folding stock model (.223 caliber); (xxxiv) SIG 550/551 assault rifle (.223 caliber); (xxxv) SKS with detachable magazine; (xxxvi) AP-74 Commando type semi-auto; (xxxvii) Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, M1A, excluding the M1 Garand; (xxxviii) Street sweeper assault type shotgun; (xxxix) Striker 12 assault shotgun in all formats; (xl) Unique F11 semi-auto type; (xli) Daewoo USAS 12 semi-auto shotgun; (xlii) UZI 9mm carbine or rifle; (xliii) Valmet M-76 and M-78 semi-auto; (xliv) Weaver Arms “Nighthawk” semi-auto carbine; or (xlv) Wilkinson Arms 9mm semi-auto “Terry”. Md. Code Ann., Pub. Safety (“PS”) § 5-101(r)(2). According to the plaintiffs, the most widely owned firearms of those banned by the Act are the AR-15, the AK-47, and their copies.
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Individuals who lawfully possessed assault long guns or copycat weapons before October 1, 2013, however, may continue to possess those weapons. Md. Code Ann., Crim. Law § 4-303(b)(3).
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The court will refer to such detachable magazines as “large capacity magazines” or “LCMs.” It does not appear that CR § 4-305 bans mere possession of LCMs

This was an excerpt from the ruling, but the entire ruling can be seen on Scribd.

What’s your take? Is the Safety Act legitimate or ignorant?

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Maryland Federal Judge Upholds Gun Laws