Federal Judge Rules Some Rifles Not Protected by Second Amendment


The information in this article is summarized from a piece by KrisAnne Hall, who is a constitutional lawyer fighting to preserve our liberties.

In what can only be described as a terrible ruling for gun owners in Maryland, a federal judge ruled that guns regulated by the state last year, including AR-15s, AK and AK style rifles, and any magazine fed, semi-automatic rifles with certain features, “fall outside Second Amendment protection as dangerous and unusual arms,” according to a 47 page opinion by U.S. District Judge Catherine C. Blake.


The case is Kolbe et al v. O’Malley et al and it was taken up to contest the strict Maryland gun laws.

One of Blake’s statements:

“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.”

“First, the court is not persuaded that assault weapons are commonly possessed based on the absolute number of those weapons owned by the public. 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, and ownership of those weapons is highly concentrated in less than 1% of the U.S. population. “


The judge misses the point of the Constitution. We possess guns to protect us from a tyrannical government, and under the Constitution, any citizen can own any firearm.

Liberals are bent on disarming the citizens of the United States. It’s not only about certain rifles and they won’t stop until they accomplish their purpose.

Constitutional lawyer, KrisAnne Hall provided the following summary of our rights as summarized in the Bill of Rights.

Barack Obama’s proposed banned gun list and the liberals HR 1022 of 2007 should give strong evidence of the direction they plan to go and there will be no stopping them after that.

George Mason, along with James Madison, is often referred to as the Father of the Bill of Rights, and he was clear about the reason for the Second Amendment and who it covers.

The reason for the Second Amendment, Mason explained:

“Forty years ago, when the resolution ofenslaving America was formed in Great Britain, the British Parliament was advised by an artful man, (Sir William Keith) who was governor of Pennsylvania, to disarm the people; that it was the best and most effectual way to enslave them; but that they should not do it openly, but weaken them, and let them sink gradually, by totally disusing and neglecting the militia. [Here Mr. Mason quoted sundry passages to this effect.] Why should we not provide against the danger of having our militia, our real and natural strength, destroyed? The general government ought, at the same time, to have some such power. But we need not give them power to abolish our militia.” George Mason, Virginia Ratifying Convention, June 14, 1788

Mason also explained who the Militia are:

“Mr. Chairman, a worthy member has asked who are the militia, if they be not the people of this country, and if we are not to be protected from the fate of the Germans, Prussians, &c., by our representation? I ask, Who are the militia? They consist now of the whole people, except a few public officers. But I cannot say who will be the militia of the future day. If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor…” George Mason, Virginia Ratifying Convention, June 16, 1788

According to Noah Webster, we have the right to bear arms:

  1. To prevent rule by a standing army;
  2. To prevent Congress from executing unjust and unconstitutional laws; To prevent the Federal Government from becoming unjust and oppressive;
  3. The people bearing arms should be SUPERIOR to an army controlled by Congress.

It is our duty to bear arms.

Patrick Henry said this:

“Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined.” Patrick Henry Virginia Ratifying Convention June 5, 1788

“Oh, sir! we should have fine times, indeed, if, to punish tyrants, it were only sufficient to assemble the people! Your arms, wherewith you could defend yourselves, are gone;…Did you ever read of any revolution in a nation, brought about by the punishment of those in power, inflicted by those who had no power at all? You read of a riot act in a country which is called one of the freest in the world, where a few neighbors can not assemble without the risk of being shot by a hired soldiery, the engines of despotism. We may see such an act in America.” Patrick Henry Virginia Ratifying Convention June 5, 1788

The government is the people of the United States. The government has no power beyond what we give it. The majority of our countrymen support the Second Amendment. These laws in states like Maryland are unconstitutional and are being done in opposition to the will of the majority of the people.


Listen to constitutional lawyer KrisAnne Hall’s show in which she decimates the federal judge’s argument that the government has a right to ban guns as long as they have a “good and substantial reason”.




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