Baltimore’s WBAL radio is reporting via Twitter that “Federal judge Catherine Blake denies (temp) restraining order from blocking gun control law in MD from taking effect. Today’s decision by Judge Blake doesn’t end efforts to halt the gun control law. The plaintiffs are seeking a prelim. Injunction.” Given the trainwreck the Old Line State’s made of the background check and licensure process in the run-up to the law going into effect, you might have expected a TRO to give the people’s dedicated servants a chance to catch up. Alas, not. Free Maryland. [h/t Danny C.]
Thanks TTAG and Armed Inteligencia for reporting on and supporting Maryland in its fight for 2A freedom. Im one of the few lucky enough to get a carry permit in Maryland, even with restrictions on when I can carry. Were fighting hard here. Mdshooters.com is THE gun community in Maryland where you can follow our fight.
I applied for my CCW the day after the Judge said MD law was unconstitutional. that was the first week in March of 2012. February of 2013 i got my denial.
I appealed 2 times and was still denied.
After reading the AG’s opposition yesterday, I am utterly unsurprised. Not because the judge is probably a liberal, nor because the AG made some asinine argument that only handguns are protected by Heller, but rather because there was no good legal basis for the issuance of a TRO. Unlike the proposed California law (which if signed will ban the sale of all AWs in the state after January 1) the Maryland law allows owners to keep their firearms and 20 round mags, and more importantly, allows LGS to keep selling their existing stocks of AWs and mags until they run out, even after the effective date of the law (today). There does not appear to be an emergency justifying the issuance of temporary relief. When added to the fact that an owner desiring to sell his gear can still do so out of state, and the fact that the motion for TRO was brought at the last possible moment, the probability that any court would issue a TRO was slim to none. And, I suspect, the attorneys for plaintiffs didn’t expect any other result.
But again, as mentioned in the OP, this is just the first skirmish, and is unimportant to the overall battle. Further, this is a far more difficult case to make out than Woollard, most particularly after what the Court of Appeals had to say about the district court judge’s opinion in Woollard; the Circuit has said in no uncertain terms that it does not recognize that the Second Amendment is effective outside the home, and even if it is, it will uphold a public entity’s declaration of the importance of the restrictions without much of an in-depth analysis.
She was a Clinton appointee.
I don’t understand how Maryland State Police can take a nearly instant system like NICS and drag it out to a week or 10 days and longer. In fact, they should be investigated for obstruction of justice.
They drug out my lower receiver purchase over 100 days. It is illegal under the law, but the AG will not prosecute.
thats the point, make it as costly as possible.
And get somebody hurt or killed in the process.
From what I have heard, the judge did at least do her homework well.
This is the judge: http://www.mdd.uscourts.gov/publications/JudgesBio/blake.htm
This is just the opening salvo.
the TRO was a longshot, but had to be done. there are 42 rifles banned. that leaves 2132, all cash and carry.
Of those 42 are nearly all of the semi- automatic centerfire rifles. Plus I dont think that number applies to the rifles that are banned by characteristics and not named, i.e. the Tavor because its too short overall even though its within NFA.
not really. Thats all i really want to say in a public forum.
I get where you are going. I replied because you made it seem like we still have a ton of options with what we can buy, by comparing 42 vs 2132. I know the exceptions that you dont want to publicly name, but they are few, I even have one or two 🙂
gunsmiths, 5″ “barrel tuners”, and muzzle brakes will be the rage in 2014.
2132 was based on Feinswines more “comprehensive” total ban on all weapons, which had about 2200 guns on it. er, except your 5-shot semiautomatic 30-06 safe queen deer rifle with detachable mag that can be modified to take a bigger mag. Honestly, the cynic in me sometimes says that the gun makers are indifferent to these bans because they move a few screws, have a whole new non-banned legal rifle. kinda silly.
Thankfully, rim fires are not regulated in any way so I am waiting for my Alexander Arms AR15 in .17HMR.
Still available and under $14 a box of 50. Of course AA is 8 months wait.
.17 HMR is no joke, that round is so fast. You can do work with it.
I hate to be the stupid one, but I want to understand the post.
Can someone please explain in simple terms (that even I can understand) what this means?
“Federal judge Catherine Blake denies (temp) restraining order from blocking gun control law in MD from taking effect. Today’s decision by Judge Blake doesn’t end efforts to halt the gun control law. The plaintiffs are seeking a prelim. Injunction.”
Thanks.
Maryland passed unconstitutional gun control laws that were to take effect, today Oct 1st. 2nd amendment supporters filed a federal lawsuit claiming that the new law is unconstitutional, and in that lawsuit they asked the judge to temporarily restrain the gun control law from taking effect today until the final decision of the lawsuit could be made, on the grounds that the gun control law does immediate harm to citizens. The judge didnt accept the argument of the 2A supporters and is letting the gun control law take effect immediately.
I hope that is easier to understand.
Thank you. Nicely done!
Actually, MD doesn’t ban any magazines of any size. You can still buy mags out of state and bring them back in. They just can’t be sold in MD.
You forgot to add the word “yet” to the end of your post.
The way I look at it, if I purchased $2000 worth of firearm and magazines that are now banned, and I cannot sell them, that is a violation of the 5th amendment. It has rendered my investment worthless and therefore is a TAKING under the Constitution.
I’ve never thought of it that way before. Great point.
The “buy the magazine outside MD and bring it back” was the old law. The new law prohibits transfer. If you buy your 30-rounder in PA and bring it home to MD after October 1st, you’ve violated the new law.
Can you point that out if possible. They crossed out 20 and put 10. That’s the only change to the magazine law they made. If it is illegal now to bring a 10+ round mag into the state then it was illegal to bring a 20+ round mag in before.
From the way I understand the new law, if you acquire a 30 round mag in PA and bring it back to MD, you are not transferring it. You are possessing it. If they added the words “import into the state” then I would agree with your assessment.
After some more reading… I may be mistaken on that one…
And exactly HOW would the MSP know that you did that?
Why is it virtually every time I learn of a bonehead, unconstitutional ruling by a federal judge, I go look up their background at fjc.gov and the story is always the same?
Some fancy pants college & liberal law school, no significant private sector experience (and, no, five minutes as a junior associate in some downtown high rise doesn’t cut it), always worked for government, always in higher and higher kinds of authority-to-screw-you-over-royally type positions at that, and Democrat-appointed.
Blake, Catherine C.
Born 1950 in Boston, MA
Federal Judicial Service:
Judge, U.S. District Court, District of Maryland
Nominated by William J. Clinton on May 4, 1995, to a seat vacated by John R. Hargrove. Confirmed by the Senate on August 11, 1995, and received commission on August 14, 1995.
U.S. Magistrate, U.S. District Court, District of Maryland, 1987-1995
Education:
Radcliffe College, A.B., 1972
Harvard Law School, J.D., 1975
Professional Career:
Private practice, Boston, Massachusetts, 1975-1977
Assistant U.S. attorney, District of Maryland, 1977-1985, 1986-1987; first assistant U.S. attorney, 1983-1985, 1986-1987
U.S. attorney for the District of Maryland (court-appointed), 1985-1986
Another illegal liberal judge,What right does she cite for denial?
Today, no one can buy a handgun in MD because they still have not released the licensing requirements and the guns have no idea what to do. Another judge ignoring the constitution.
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