XPost: talk.politics.guns, alt.society.liberalism   
   From: fritz@spamexpire-201408.rodent.frell.theremailer.net   
      
   The following judges must be executed:   
      
   U.S. District Judge Catherine Blake; for affirming the State of Maryland's   
   crimes against the Second Amendment:   
      
   > ANNAPOLIS, Md. (AP) –  A federal judge on Tuesday upheld a Maryland   
   > ban on 45 assault weapons and a limit on gun magazines to 10 rounds,   
   > two key parts of a sweeping gun-control law that were challenged   
   > shortly before the law went into effect last year.   
   >   
   > Maryland lawmakers approved the measure in response to the December   
   > 2012 shootings at Sandy Hook Elementary School in Newtown, Connecticut,   
   > that killed 20 children and six educators.   
   >   
   > U.S. District Judge Catherine Blake concluded in a 47-page ruling that   
   > the law serves the government's interest in protecting public safety   
   > without significantly burdening what the Supreme Court has explained is   
   > the core Second Amendment right of "law abiding, responsible citizens   
   > to use arms in defense of hearth and home."   
   >   
   > "In summary, the Firearms Safety Act of 2013, which represents the   
   > considered judgment of this state's legislature and its governor, seeks   
   > to address a serious risk of harm to law enforcement officers and the   
   > public from the greater power to injure and kill presented by assault   
   > weapons and large capacity magazines," Blake wrote in her ruling.   
   >   
   > Democratic Gov. Martin O'Malley proposed the measure, which one of the   
   > nation's strictest. It went into effect in October.   
   >   
   > "We're pleased the court upheld the law we passed to reduce gun violence,"   
   > said O'Malley spokeswoman Nina Smith. "The Firearms Safety Act is just one   
   > part of the reason that, working with law enforcement, we've driven down   
   > violent crime in Maryland to the lowest rate in 40 years."   
   >   
   > John Parker Sweeney, an attorney representing groups that opposed the   
   > law, argued last month in U.S. District Court in Baltimore that the state   
   > went too far and banned popular firearms that can be used for self-defense.   
   > Attorneys for the state countered that the law protects the public and   
   > took a reasonable approach by focusing on firearms used in military-assault   
   > style attacks and mass shootings.   
   >   
   > Blake noted in her ruling that with the exception of one example not   
   > relevant to the case, Maryland law enforcement officials are unaware of   
   > any resident using an assault weapon or needing to fire more than 10 rounds   
   > in self-defense. The exception was a case in Baltimore city in which a   
   > civilian fired more than 10 rounds in a self-defense incident, but as the   
   > perpetrators were fleeing the scene.   
   >   
   > Blake also rejected the plaintiffs' contention that assault weapons are   
   > used infrequently in mass shootings and murders of law enforcement officers.   
   >   
   > "As for their claims that assault weapons are well-suited for self-defense,   
   > the plaintiffs proffer no evidence beyond their desire to possess assault   
   > weapons for self-defense in the home that they are in fact commonly used,   
   > or possessed, for that purpose," Blake wrote.   
   >   
   > The law contains a variety of other provisions. They include a licensing   
   > requirement for handgun purchasers to submit fingerprints to the state   
   > police in an effort to reduce the number of guns purchased by a friend or   
   > family member for someone who is not allowed to own a gun.   
      
   U.S. District Judge Marcia Krieger; for affirming the State of Colorado's   
   crimes against the Second Amendment:   
      
   > DENVER (AP) — A federal judge upheld Colorado gun restrictions that were   
   > enacted in response to 2012 mass shootings, saying Thursday that limiting   
   > the size of ammunition magazines and expanding background checks on   
   > firearm purchases are constitutional acts.   
   >   
   > But gun-rights advocates who sued the state to overturn the laws called   
   > the ruling only the first round and said they planned to appeal.   
   >   
   > In a 50-page decision, U.S. District Judge Marcia Krieger said both laws   
   > don't infringe on individuals' right to bear arms. The judge further said   
   > that limiting magazine sizes doesn't obstruct individuals' ability to   
   > protect themselves, and that the expansion of background checks to include   
   > firearms sold online and between private parties "is no more severe" than   
   > the requirements already in place for commercial sales before the new law.   
   >   
   > Gun rights advocates and county sheriffs filed the lawsuit to overturn the   
   > laws, which Democrats passed last year without Republican support.   
   >   
   > Opponents of the laws criticized them as unenforceable. Krieger dismissed   
   > that argument, saying it didn't apply to whether the laws were   
   > unconstitutional.   
   >   
   > "A court does not act as a super-legislature to determine the wisdom or   
   > workability of the legislation," Krieger said. "Instead, it determines   
   > only whether legislation is constitutionally permissible. A law may be   
   > constitutional, but nevertheless foolish, ineffective, or cumbersome to   
   > enforce."   
   >   
   > Colorado lawmakers passed the restrictions in reaction to the shooting   
   > rampage at a suburban Denver movie theater, where 12 people were killed   
   > and dozens more were wounded, and the massacre at an elementary school   
   > in Newtown, Connecticut.   
   >   
   > The gun control debate was one of the most emotionally charged of the   
   > 2013 legislative session, with lengthy debates and national attention.   
   > Vice President Joe Biden called Colorado Democrats and urged them to   
   > approve the legislation.   
   >   
   > Two Democratic state senators who voted for the laws were recalled from   
   > office. A third Democratic lawmaker resigned while a recall effort was   
   > ongoing.   
   >   
   > Former state Sen. John Morse, one of the recalled lawmakers, welcomed   
   > the ruling.   
   >   
   > "You can't have a 100-round magazine and walk into a movie theater and   
   > start killing people. That's not what the Second Amendment is about,"   
   > Morse said.   
   >   
   > Even before the ruling, Morse said he remained unwavering in his support   
   > for the laws even if they cost him his seat.   
   >   
   > "I know when we were doing it that it was the right thing to do. There's   
   > no question," he said.   
   >   
   > The plaintiffs — which include county sheriffs and several gun-rights   
   > groups — said they intend to take their case to the 10th Circuit Court   
   > of Appeals.   
   >   
   > "I came out right away and say that these laws are unenforceable so   
   > therefore I won't enforce them," said Weld County Sheriff John Cooke,   
   > who is running for state Senate in November. "And the judge's ruling   
   > has done nothing to change my opinion about that."   
   >   
   > Regarding the law restricting magazine sizes to 15 rounds, Krieger said   
   > there was no evidence presented to show that a person's ability "to defend   
   > him or herself is seriously diminished if magazines are limited."   
   >   
   > Krieger said "evidence shows that large-capacity magazines are frequently   
   > used in gun violence and mass shootings, and that often a shooter will   
   > shoot continuously until a weapon jams or the shooter runs out of   
   > ammunition."   
   >   
      
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