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  • Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    34,267
    Heard Vinnie Demarco say on the radio this morning that the HQL wasn't even touched upon, and that it was "saving lives as we speak".

    I know he is a 'hired gun' lobbyist, but can really believe that nonsense?


    Brian 'moustache' Frosh
    The bitter taste of defeat
    Is in your sad mouth


    That simply highlights how deceptive and misleading they need to be with the general public in order to get their way. As we all know, the HQL wasn't being litigated, and courts don't address issues that aren't litigated.

    Vinnie and the cabal he represents are vulnerable when people actually pay attention to their substance instead of their b.s.
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    Heard Vinnie Demarco say on the radio this morning that the HQL wasn't even touched upon, and that it was "saving lives as we speak".

    I know he is a 'hired gun' lobbyist, but can really believe that nonsense?


    Brian 'moustache' Frosh
    The bitter taste of defeat
    Is in your sad mouth

    funny thing about that...
    In order to win under strict scrutiny, the state will have to prove that less restrictive means (like a hql, or regulating rifles) don't work.
     

    Elliotte

    Ultimate Member
    Aug 11, 2011
    1,207
    Loudoun County VA
    One of my favorite lines from the ruling:
    In 2012, semi-automatic sporting rifles accounted for twenty percent of all retail firearms sales. J.A. 1880. For perspective, we note that in 2012, the number of AR- and AK-style weapons manufactured and imported into the United States was more than double the number of Ford F-150 trucks sold, the most commonly sold vehicle in the United States.
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,754
    Gaithersburg, Maryland
    Yep. Of course the opinion didn't mention the MOST IMPORTANT reason for the 2A.....defense against Tyrannny. Yes, self defense and sporting purposes are all well and good. The Framers intended the Constitution to keep as much power in the hands of the People. Nothing does that better than having politicians surrounded by citizens with weapons of war.

    +2:thumbsup:
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,925
    Bel Air
    USP Lewisburg is full of them. Kidding aside, the courts trump your view of what is and isn't constitutional.

    No, they don't. The courts can be instruments of tyranny as well. Hopefully in the end they can make the right decision. The Constitution wasn't written so we would need courts to interpret it. It was written for The People. The intentions were clear, the courts muddy those. It is our duty as citizens to ensure that all branches of government are abiding by the Constitution. This is the most important reason the 2A was put in there.
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,754
    Gaithersburg, Maryland
    USP Lewisburg is full of them. Kidding aside, the courts trump your view of what is and isn't constitutional.


    To the question above on taxes, from NRA;

    Q: Is my Membership tax deductible?

    A: Contributions, gifts, or membership dues made or paid to the National Rifle Association of America are not refundable or transferable and are not deductible as charitable contributions for Federal income tax purposes.

    You sound like you are in law enforcement as a profession. Often times peoples vision gets narrowly focused by their profession.
     

    Raineman

    On the 3rd box
    Dec 27, 2008
    3,551
    Eldersburg
    You need to check yourself here. Jack McCauley has never been in the GA. He is a fantastic human being and an heroic champion for our rights.


    I KNOW Jack is one of the "good guys" here. Perhaps one of our best "good guys". I guess since I put him in the same sentence with pieces of trash that I would like to see deposed, you assumed I thought he was "one of them".

    Not so. I think him being deposed would be a GOOD thing.

    So, sorry you misunderstood me, and I have since edited my original post for clarity.

    Also, my apologies to Jack if I appeared to cast him in a bad light. That was not how it was meant.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,962
    Marylandstan
    This is also summarized by me over at https://www.marylandshallissue.org/...er/14-kolbe-v-hogan-formerly-kolbe-v-o-malley

    I will be continually updating that post, as I get the time.

    I hope and pray Frosh does not win his appeal based on "government interest in public safety". That would be a travesty big time. Gun crime up in Baltimore and I'd bet the number of prosecutions are not what should be.
    Someone can look those stats up.
    This state does not have any interest in our safety with regards to guns!

    edit here is a start
    http://www.gunfacts.info/gun-control-myths/government-gun-laws-and-social-costs/

    6 Baltimore, Maryland

    Baltimore, Maryland is the #6 Most Dangerous City in the United States, moving down one spot from #7 last year. Despite its slight decrease in violent crime–which went down by less than 1 percent–Baltimore saw an increase in the number of murders. Police Commissioner Anthony Batts told CBS Baltimore, “Our homicide number…is unacceptable. Period. No excuses.” Baltimore is second only to Detroit in its number of total murders, as the city experienced 233 homicides last year. Despite Baltimore’s increase in murders and consistent violent crime rate, Batts did note that citizen complaints against police officers decreased nearly 50 percent last year.
    http://lawstreetmedia.com/crime-america-2015-top-10-dangerous-cities-200000-2/
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Is it mandatory for Judge Blake to rule on this case using strict scrutiny or does Frosh have a say in whether the DC rehears this case?

    Mandatory. The district court is bound by the mandate of the court of appeals. Frosh has no say in that.
     

    Hopalong

    Man of Many Nicknames
    Jun 28, 2010
    2,921
    Howard County
    I like how Vinnie DeMarco was on the air this morning talking about how this ruling doesn't impact the HQL.

    Of course it doesn't Vinnie, that's an entirely different court case. For what you get paid, you should at least be able to keep that straight.


    I really like how this is playing out. The state will have to present its case again, this time under the strict scrutiny standard, and then it can get torn apart. The judges all but said "you cannot justify a ban on Assault Long Guns or HCMs, but we'll let you try anyways" with their decision. With all of that on the record, it makes a great body of evidence to work up the food chain to SCOTUS. I know IANAL, but I really do think this case just became "a big deal" in the 2A world.
     

    Tebonski

    Active Member
    Jan 23, 2013
    637
    Harford County
    Mandatory. The district court is bound by the mandate of the court of appeals. Frosh has no say in that.



    Ok. So Judge Blake is going to look at this case under strict scrutiny. In the mean time Frosh can ask the 4th for the entire court to rule. How are the judges selected who would hear his appeal? By random pick names out of a hat or can someone game the system and select one or two liberal justices more than conservative justices and overturn the 2-1 three judge ruling?

    Does anyone know roughly the ratio of libs to conservative on the Fourth Circuit? I thought Harry Reid and Obama packed the court with liberals giving them a majority.
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,762
    Glen Burnie
    I hope and pray Frosh does not win his appeal based on "government interest in public safety". That would be a travesty big time. Gun crime up in Baltimore and I'd bet the number of prosecutions are not what should be.
    Someone can look those stats up.
    This state does not have any interest in our safety with regards to guns!

    edit here is a start
    http://www.gunfacts.info/gun-control-myths/government-gun-laws-and-social-costs/
    In regard that prosecutions are not what they should be, I read this article about Freddie Gray, and it paints an interesting picture of what actually happens in Baltimore when it comes to prosecutions. The short of it, for anyone who doesn't want to read it, is that had Freddie Gray actually been prosecuted for the things he did and was arrested for, he'd have been behind bars, and the events that unfolded that led to his death never would have happened.

    http://www.buzzfeed.com/nicolasmedi...ays-life-says-about-baltimores-justice-system

    In any case, I'd say that Baltimore/Maryland does a pretty crappy job of fully prosecuting criminals, which leads to many of the issues this state faces with crime. I know it's not quite that simple, but I'd say that it's definitely a factor.
     

    Jaybeez

    Ultimate Member
    Industry Partner
    Patriot Picket
    May 30, 2006
    6,393
    Darlington MD
    In regard that prosecutions are not what they should be, I read this article about Freddie Gray, and it paints an interesting picture of what actually happens in Baltimore when it comes to prosecutions. The short of it, for anyone who doesn't want to read it, is that had Freddie Gray actually been prosecuted for the things he did and was arrested for, he'd have been behind bars, and the events that unfolded that led to his death never would have happened.

    http://www.buzzfeed.com/nicolasmedi...ays-life-says-about-baltimores-justice-system

    In any case, I'd say that Baltimore/Maryland does a pretty crappy job of fully prosecuting criminals, which leads to many of the issues this state faces with crime. I know it's not quite that simple, but I'd say that it's definitely a factor.

    and remember the monumental amount of resources law enforcement dedicates to the application on fsa2013. they even have a gun center/phone bank dedicated to explaining the complex law to other police officers that are scratching their heads over what chagres to bring against suspects.
    70 law enforcement personnel dedicated to duplicating a federal background check system.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,962
    Marylandstan
    In regard that prosecutions are not what they should be, I read this article about Freddie Gray, and it paints an interesting picture of what actually happens in Baltimore when it comes to prosecutions. The short of it, for anyone who doesn't want to read it, is that had Freddie Gray actually been prosecuted for the things he did and was arrested for, he'd have been behind bars, and the events that unfolded that led to his death never would have happened.

    http://www.buzzfeed.com/nicolasmedi...ays-life-says-about-baltimores-justice-system

    In any case, I'd say that Baltimore/Maryland does a pretty crappy job of fully prosecuting criminals, which leads to many of the issues this state faces with crime. I know it's not quite that simple, but I'd say that it's definitely a factor.

    I'd continue to press the "Maryland government interest in public safety"
    should be a big issue to disprove in court to Judge Blake. The numbers surely don't prove that issue. Really!!!
     

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