Oh, I am not optimistic. En banc in these three cases (Price, HQL and Bianchi) is bad. The 4th Circuit is a hostile court to 2A rights, no doubt. The question is rather how bad and whether the SCT will act in these cases, or similar cases. On those questions, only time will tell.
doesn't need to be a big conflict, merely important. We are likely get one between the 4th, 9th, 3d, 7th and 2d Circuits to some extent. Rahimi may add some clarification
Lots of details. Like the weight give 1868 analogues vs 1791 analogues or how to apply the "how and why" inquiry required by Bruen, viz., how close the analogy needs to be when you use a "distinct" similarity approach vs. a "relevantly similar" approach. Big list.
Agreed, at least in part. En banc will also decide the standard of review and the associated analysis that could reach beyond the facts or law involved in this particular case.
The County is appealing its loss, but has not sought a stay of the decision pending its appeal. So the injunction against enforcement is in effect. Permit holders can carry in the County if they do so in accordance with State law.
The petition for rehearing delayed the issuance of the panel’s mandate and by operation of the rules of appellate procedure, the grant of reheairing en banc simply continues that stay of the mandate.
This is an exception provision to the bans otherwise imposed in that Section, and thus applies only to transport of a firearm taking place in a location that is otherwise prohibited by the Section. If you are outside such areas, transport as you did before.
Actually they have 90 days to seek cert in the SCT as measured from the denial of en banc or a decision in banc. And they can get that 90 days extended Via motion
MSI's Opposition to the County's Motion to Hold the PI appeal in abeyance in the Fourth Circuit. https://www.marylandshallissue.org/jmain/documents?task=download.send&id=506&catid=4&m=0
They certainly can appeal the decision imposing the permanent injunction and they have done precisely that. While the appeal is pending, the injunction still stands and the County has indicated that they will not seek to stay the injunction pending appeal.