Decision in Kolbe!

[fightinbluhen51]

She has to reopen the record. The opinion says as much: "The State should be afforded the opportunity to develop its case in light of this more demanding standard, and Plaintiffs should be permitted to do so as well. In doing so, the parties may look to “a wide range of sources, such as legislative text and history, empirical evidence, case law, and common sense, as circumstances and context require.” Carter I, 669 F.3d at 418." page 46

Oh please...please please please, can we depose MoM? Actually, can we depose Frosh??

 

[Mr H]

if only.....

 

[fightinbluhen51]

http://onlygunsandmoney.blogspot.com/2016/02/a-win-in-4th-circuit.html

http://www.pagunblog.com/2016/02/04...th-circuit-over-maryland-assault-weapons-ban/

http://legalinsurrection.com/2016/0...tiny-to-maryland-gun-control-law/#more-159934

 

[Norton]

passing along things as they come across my feed. May have already been posted:

http://bearingarms.com/ruling-marylands-assault-weapons-case-gut-gun-control-nationwide/

 

[win296]

IANAL, so don't flame me. Is it not policy - from other cases - for the 4th to apply SS inside the home, and IS outside the home?

 

[BeoBill]

Cue the arrival of the BOATLOAD of money and Amicus submitters from Bloomberg in three... two...

 

[iH8DemLibz]

Cue the arrival of the BOATLOAD of money and Amicus submitters from Bloomberg in three... two...

Would be nice if some Pro-2A billionaire stepped up and helped out. Anonymously if need be.

Especially with the national impact this case could have.

The regular 2A crowd and the lurkers will never raise Bloomberg dough.

 

[Mr H]

Tom Clancy could not be reached for comment.

 

[ar154u]

That's funny, but she will now know that her work will likely be reviewed and scrutinized by he 4th again, and maybe again en banc, and then perhaps the Supremes. Hope she has a good law clerk.

I think Blake said to hell with this gave the defendants the benefit and punted to the 4th circuit. The 4th circuit said do your job, apply the correct scrutiny required for constitutional law and try again. It's a win as far as the 4th circuit saying come back after you apply the correct scrutiny. I don't like how the 4th circuit opined on the 14thA question regarding Leo's because it shows the state can categorize people in regards to a tier. Leo's can have AR's because they are better trained. Retired Leo's are better than regular citizens because they are better trained. It's a caste system now.

 

[GTOGUNNER]

She has to reopen the record. The opinion says as much: "The State should be afforded the opportunity to develop its case in light of this more demanding standard, and Plaintiffs should be permitted to do so as well. In doing so, the parties may look to “a wide range of sources, such as legislative text and history, empirical evidence, case law, and common sense, as circumstances and context require.” Carter I, 669 F.3d at 418." page 46

I don't understand why it needs reopened. Did the judge let the parties know that she was going to use IM? So this time they know that SS will apply and can taper their argument. Seems dumb.

 

[iH8DemLibz]

Tom Clancy could not be reached for comment.

Yeah!

Six feet of dirt does have sound deadening qualities...

Mark Zuckerberg perhaps. Or Al Gore.

 

[rsideout]

This is HUGE!!!

Mammoth thanks goes out to all involved.

Keep the donations to MSI, MSRPA, and AGC going!

Which one has been handling the bulk of this legal work? I already donate to two of these groups. Time for another donation.

 

[Ranchero50]

She has to reopen the record. The opinion says as much: "The State should be afforded the opportunity to develop its case in light of this more demanding standard, and Plaintiffs should be permitted to do so as well. In doing so, the parties may look to “a wide range of sources, such as legislative text and history, empirical evidence, case law, and common sense, as circumstances and context require.” Carter I, 669 F.3d at 418." page 46

So the charts showing the massive drop in AR assaults since the FSA went into effect will be submitted by the state?

 

[Vile Shadow]

The beauty of our system, when it is not perverted by dishonest people, is that it really is written in simple, English. Expanding upon that, once you learn strict, intermediate, and rational basis, everything else is fairly simple from a Constitutional Law & Civil Rights perspective. Text, history, scrutiny.

Coulda fooled me. Most of this thread is WAY over this dumb trucker's head.

 

[Mr H]

"Since FSA, there have been ZERO..."

ummm.......

 

[Minuteman]

Minuteman seems to be enjoying hisself...

Ok, I did get a little excited after Judge Leggs' excellent decision over a year ago, but we know it got overturned, so this time I'm going to remain cautiously optimistic. Oh, and I'm too much a gentleman to put an image of you dancing on the table from the same party.... P.s. nice kilt, but the view from below was a bit too much.


In all seriousness, haven't read this thread yet, will begin now... and probably already stated, but here's all I've received on this so far:

Fourth District U. S. Court of Appeals Affirms Second Amendment Rights

Today, the United States Court of Appeals for the Fourth Circuit issued an
opinion in the Kolbe v. Hogan case (formerly Kolbe v. O'Malley), which
challenges the Firearm Safety Act (FSA) (SB 281, passed by the O'Malley
administration in 2013).

This opinion is a big win for supporters of the Second Amendment.

This highlight list was put together by Del. Wilson and the staff of the
House GOP Caucus.

US Court of Appeals for the 4th Circuit
Opinion on Kolbe v. Hogan
Firearms Safety Act (SB281) Challenge

Action: Court vacated the district court's denial of the Plaintiff's Second
Amendment claims and sent the case back to the district court to apply
strict scrutiny.

? Court found that FSA does substantially infringe upon the 2nd Amendment.
? The court acknowledged the 2nd Amendment Right to individual self-defense.
? The court recognized an individual's right to self-defense in the home.
? The court acknowledged that AR15's (and similar rifles) and 10+ round
clips are commonly possessed weapons.
? Rejected the state's argument that magazines are not covered by the 2nd
Amendment ? Stated that Maryland is trying to circumvent the law by
prohibiting independent components.
? Rejected the state's "dangerous" argument.
? Found the ban on magazines and rifles substantially burdens the
fundamental rights of citizens.
? Cited legitimate and lawful reasons for citizens to prefer semi-automatic
rifles.
? Found the law substantially burdens the right to arm oneself at home.

Notable Quotes from the opinion:

"First, the FSA's ban on semi-automatic rifles and larger-capacity magazines
burdens the availability and use of a class of arms for self-defense in the
home, where the protection afforded by the Second Amendment is at its
greatest."

"Second, we conclude that the challenged provisions of the FSA substantially
burden this fundamental right. The burden imposed in this case is not merely
incidental. Maryland law imposes a complete ban on the possession by
law-abiding citizens of AR-15 style rifles-the most popular class of
centerfire semi-automatic rifles in the United States. As we explained in
Section III.A., these weapons are protected under the Second Amendment."

"We therefore struggle to see how Maryland's law would not substantially
burden the core Second Amendment right to defend oneself and one's family in
the home with a firearm that is commonly possessed by law-abiding citizens
for such lawful purposes."

"Moreover, the FSA also reaches every instance where an AR-15 platform
semi-automatic rifle or LCM might be preferable to handguns or bolt-action
rifles--for example hunting, recreational shooting, or competitive
marksmanship events, all of which are lawful purposes protected by the
Constitution."

"As Judge Kavanaugh noted in dissent in Heller II, prohibiting this group of
weapons might be 'equivalent to a ban on a category of speech'."

"Contrary to the district court's conclusion, the fact that handguns,
bolt-action and other manually-loaded long guns, and, as noted earlier, a
few semi-automatic rifles are still available for self-defense does not
mitigate this burden."

The full opinion can be found at:
http://michellawyers.com/wp-content/uploads/2013/10/Kolbe-v.-Hogan_Opinion.p
df

 

[Vile Shadow]

OK, I can be dumb as a rock. Does anything actually change in Maryland today or does this just play out in another court for x number of years?

From what I can figure out, nothing changes now. But, this means a different standard of review must be applied to O'Malley's political football which in all apparent likelyhood will not hold up.

 

[fred333]

Coulda fooled me. Most of this thread is WAY over this dumb trucker's head.

click me

Contrast Judge Blake's "reasoning" with.... "As of 2012, there are an estimated 2.5-3.7 million rifles from the AR-15 family in civilian use in the United States. They are favored for target shooting, hunting, and personal protection, and have become the most popular rifle in America." —Wikipedia

 

[esqappellate]

Oh please...please please please, can we depose MoM? Actually, can we depose Frosh??

I like the way you think!

 

[iCoder80]

From what I can figure out, nothing changes now. But, this means a different standard of review must be applied to O'Malley's political football which in all apparent likelyhood will not hold up.

That is about what I'm getting out of this. Still don't understand after 300 posts why all the Fandango.