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

[nedsurf]

I tend to agree.

"Regulated" firearms ceased to exist with FSA13

We have Handguns, Rifles/Shotguns, and Banned.....

If the Judge has wits, then this goes down... and hard... and the entire schema changes.

Fingers are crossed... but this isn't a certainty.

Perhaps an amicus filing could push a judge to do this?

 

[Patrick]

Even if you were correct, there would be a stay until the MGA could fix it.

I am not sure how this would play since it was a repeal of existing law it not clear to me that MSP would have the legal authority to impose the old process.

But it would be moot since no court will allow a free for all.

I think you are about as right as we can guess.

Also, this still a major uphill climb no matter how many of their claims seemed to lose their credibility. Remember that in Second Amendment jurisprudence, nothing is certain other than we are always starting on the losing side.

 

[MDFF2008]

I'm glad to see the lies finally being challenged. Yes, the right is all we need, but the anti side has been telling these lies so long unchallenged it's a problem.

 

[kenpo333]

This was a long read for me tonight and at times my adhd set in. I know I probably don't understand everything but for some reason I got excited just reading it.

 

[esqappellate]

Filed last night.

Enjoy.

can we get the attachments posted?

 

[Uncle Duke]

Pure reading enjoyment!

Sad though that it would be necessary to draft 97 pages of text to attempt to untangle the many knots tied by those who can't or won't accept the inherent simplicity of the words "shall not infringe".

 

[jonnyl]

Great Read!!! When I read the docs from the good guys I always find myself thinking "who could argue with that??"

I especially loved the section refuting all the BS about the evil features, and how they kept hammering the fact that their only expert research supported our side

I only had one beef: On page 80, Wheeling is in WV, not VA. ( I grew up about 30 miles from there, so I must be sensitive)

 

[Patrick]

can we get the attachments posted?

Working on them.

 

[pitpawten]

Patrick and team, great stuff here, thanks for keeping up the good fight.

You just made another member (signing up in the other window now)

 

[Patrick]

Patrick and team, great stuff here, thanks for keeping up the good fight.

You just made another member (signing up in the other window now)

Thx for the support!

Please also support the MLFDA (Dealer's Association),MSRPA, AGC, NSSF and the NRA. This is a team effort.

AGC clubs are great places to meet folks and shoot better. And one of the best ways to support MLFDA is to go to one of their dealers and buy a gun. Just sayin'.

 

[highfructosecornsyrup]

Im about 1/3 through it and I love it. Great work to those involved!

I am curious about what happened in Cali though. Wasn't something similar recently turned down? Of course I didn't read their summary though...

ps I am googling this...

 

[Boxcab]

Just a quick run-through but worth noting for future use…

In 2012, more AR and AK style rifles were manufactured or imported than the most commonly sold vehicle in the United States.

Pg. 15

Defendants’ expert has admitted that there are, at a minimum, 29.7 million magazines with a capacity greater than ten rounds in circulation nationwide. (Decl. of Christopher Koper, Defendants’ Exhibit 7, Ex. B at 1.)

Pg. 16

Defendants’ experts admit the evidence does not show that the Maryland ban on commonly possessed firearms and magazines will reduce firearm crime in general, or even reduce the criminal use of the banned firearms and magazines. As was noted by Dr. Daniel Webster during his deposition, he was the only expert to submit testimony in favor of the Act (Dep. of Daniel Webster, Ex. 18 at 113:11-14), and his testimony that actually was directed at the issues in this case was limited to a single paragraph based on Dr. Christopher Koper’s work. (Testimony of Daniel Webster on SB 281, Ex. 29 at 5.) Dr. Webster has done no original work of his own to study the effectiveness of bans on assault weapons or large capacity magazines. (Dep. of Daniel Webster, Ex. 18 at 136.)

Pg. 19

Dr. Koper, one of the Defendants’ experts, analyzed the impact of the decade-long federal assault weapons and large capacity magazines ban and stated in his published work: “There is not a clear rationale for expecting the ban to reduce assaults and robberies with guns.” (Decl. of Christopher Koper, Defendants’ Exhibit 7, Ex. B at 81.) This statement was confirmed by Dr. Koper at his deposition, where he admitted that he “cannot conclude to a reasonable degree of probability that the federal ban on assault weapons and large capacity magazines reduced crimes related to guns.” (Dep. Of Christopher Koper, Ex. 20 at 83:1-12, 96:4-8.) He also confirmed the ban “didn’t reduce the number of deaths or injuries caused by guns either….” (Id. at 96:9-11.) He also admitted that he is not aware of any expert who has studied the impact of the federal ban and has come to a different conclusion. (Id. At 95:1-6.) He admitted that “there has not been a clear decline in the use of [Assault Rifles]” in crime as a result of the federal assault weapon ban. (Decl. of Christopher Koper, Defendants’ Exhibit 7, Ex. B at 2.) Moreover, the federal ban did not cause a decline in the criminal use of magazines with more than ten rounds. (Id.) Finally, he admitted that “[t]here has been no discernible reduction in the lethality and injuriousness of gun violence” as a result of the federal ban. (Dep. of Christopher Koper, Ex. 20 at 94:11-14.) With respect to prior state-level bans such as Maryland’s challenged here, he stated that the available studies suggest “state-level AW bans have not reduced crime.” (Decl. of Christopher Koper, Defendants’ Exhibit 7, Ex. B at 81, n. 95; Dep. of Christopher Koper, Ex. 20 at 84:21-85:5.)

Pg. 19-20

He agreed that “one has to be cautious” evaluating the “very small
numbers” of mass shooting related to assault weapons (id. at 126:6-9), and that “it’s not fair to say that other firearms with large capacity magazines are used in a higher share of mass public shootings” (id. At 121:16-122:1). He admitted that law enforcement officers are more likely to be killed by a handgun, a shotgun or in a car accident than by an assault weapon. (Id. at 128:8-18.)

Pg. 20

When a citizen keeps a firearm that is ready for self-defense, or lawfully bears the firearm at home or in public, the citizen is using the firearm. Law enforcement officers rarely shoot their duty arms, except during target practice, but they use their guns every day. They use their firearms by possessing them in a manner so that they can be fired in the unlikely event of an emergency. Indeed, by using firearms as an available deterrent, law enforcement officers reduce the need to fire their guns. The
same is true for ordinary citizens. People use the firearms that they possess in many ways for selfdefense, and most of these uses do not involve pulling a trigger against a violent attacker.

Pg. 65

It is very curious that Dr. Koper has stated that the challenged laws will have an impact on crime, given that his opinion on the effects of state-level assault weapons laws in his 2004 report was diametrically opposed to this view, concluding “a few studies suggest that state-level [assault weapons] bans have not reduced crime.” (Decl. of Christopher Koper, Defendants’ Exhibit 7, Ex. B at 81 n.95.) This is even more curious given that he agreed in his testimony that “[m]y conclusion on the impact of the federal ban are most accurately and completely set forth in my 2004 and 2013 reports.” (Dep. of Christopher Koper, Ex. 20 at 26.)

Pg. 78-79

 

[Boxcab]

Working on them.

Mr. Webster's disposition would be a nice MSI submittal at the next hearing at which he testifies.

Edit: In fact, we should make sure that a version {with comments} is out and "easily" found so that Google searches make it a top hit when his name is "searched".

 

[Hopalong]

So far, I've found a few stellar sound bytes. In no particular order:

AR-15s pose less of a risk to innocent bystanders in a home defense situation than a handgun due to relative penetration depths. So says the ATF. (And basic physics.)

AR-15s are not vicious killing machines, being outmatched by even antiquated cartridges over a century old, not to mention modern hunting rounds.

"Assault weapons" are used in an "extremely small percentage" of crime. So say Col. Marcus, Commander Batts, and other high ranking LEOs. They are also no more dangerous to cops than any other rifles, and are used infrequently in police homicides.

Last but not least, we have the only real expert witness for the state, Dr. Christopher Koper, admitting under oath that bans on "assault weapons" and "high capacity magazines" would not reduce firearms-crime. He also admitted that police officers are more likely to be killed by a handgun, a shotgun, or in a car accident than they are to be killed by an "assault weapon".



Boom. It's amazing what people will say when they're under threat of perjury. I've included images of the sections I mentioned above to assist with distribution.

Enjoy. B^)

 

[dogbone]

Mr. Webster's disposition would be a nice MSI submittal at the next hearing at which he testifies.

Edit: In fact, we should make sure that a version {with comments} is out and "easily" found so that Google searches make it a top hit when his name is "searched".

Webster's deposition should make for quite an interesting read. Eagerly awaiting its release!

 

[Mr H]

Lots of "err", "umm", and "according to Bloomberg"???!

 

[danb]

I wish facts actually mattered to these judges.

I look forward to Webster's deposition. I read parts of his deposition from (I think) DC lawsuit. It's really shameful to call 5 data points from MO and a magic wand "research."

 

[abean4187]

On the concept of if a ruling in our favor removes the regulated firearms and make everything cash and carry. Do you guys honestly believe that even if this happens that they won’t fix their “mistake” and close their “Background Checkless Assault Weapons Purchase” loophole? You guys are dreaming if you think they will not come back with full force if SB281 gets overturned in the courts.

That is their game, pass something, hope it is “constitutional” and if it isn’t, come back with something slightly different to infringe civil rights.

Us going to courts is great but it only cuts off the branches. We need to hack off the roots in this case. Register DINO and vote.

 

[Mr H]

On the concept of if a ruling in our favor removes the regulated firearms and make everything cash and carry. Do you guys honestly believe that even if this happens that they won’t fix their “mistake” and close their “Background Checkless Assault Weapons Purchase” loophole? You guys are dreaming if you think they will not come back with full force if SB281 gets overturned in the courts.

That is their game, pass something, hope it is “constitutional” and if it isn’t, come back with something slightly different to infringe civil rights.

Us going to courts is great but it only cuts off the branches. We need to hack off the roots in this case. Register DINO and vote.

This is why this community (and orgs like MSI, AGC, MSRPA, etc.) is critical.

We remain informed, and ahead of these things, and we maintain a fighting chance to really recover our Right. One thing (besides elections) that needs to be bigger, is the communication between us and out representatives in Annapolis.

We are not tilting at windmills, here. We're eroding the state's base little by little, and changing the landscape. It's a long process, and folks 'on the ground' are making it happen.

IMO, they know it's a losing battle for them... but they'll be damned if they're going to let little things like Constitutionality and the People keep them from trying.

 

[LeadSled1]

I am not sure if anyone is paying attention to the other sides memorandum but there is a HUGE F-up in it. They shoot themselves in the foot.

www.michellawyers.com/wp-content/uploads/2013/10/Kolbe-v.-OMalley_Defendants-Memorandum-In-Support-of-Motion-for-Summary-Judgment__44.pdf

Page 8, section C. The AK-47. Look at the last line:

Semiautomatic versions of the AK-47, and subsequent variations like
the AK-74, are the second-most popular type of centerfire semiautomatic rifle in the
United States, behind the AR-15. (Ex. 61, Supica Report 11.)

It states right there that the AR-15 is the most popular centerfire semiautomatic rifle in the United States, and the AKs are the second most.


Yet they base their case on:

Assault Weapons Are Not Commonly Owned.