Decision in Kolbe!

[teratos]

Ok, so from a long-term strategy perspective, what's the anti-gun establishment's best bet? Do they roll the dice with the courts, and if they lose, they not only lose big in Maryland, but it has the possibility of creating national precedent, or do they actually repeal the law so they can approach it from another angle later?

And which would be better for us? While SS looks great, is there a chance we could eventually still lose in the courts?

We could most certainly still lose in the courts. This is just one Circuit. Not all are saying the SS needs applied to 2A cases, though if you look at which cases require SS, those dealing with the core of a Right most certainly do. Every time these idiots pass a law, they run the risk of it back-firing on them down the road.

SS is going to be a very hard standard against which to pass an AWB. The State CANNOT show a compelling government interest. The decision was pretty clear on this. "Assault weapons" just aren't used in crimes, and the Judge also stated something to the effect that you cannot infringe upon a right based on what could be. I doubt the District Court can figure a way around this and I doubt the CA4 will overturn itself on this one. This precedent will stand unless SCOTUS agrees to hear it.

 

[teratos]

Was the HQL even part of this litigation? I thought the equal protection issue was that LEO could continue to possess an Assault Weapon after they left the department even if the Assault Weapon was not possessed prior to 10/1/2013.

No, the HQL was not part of it. MSI would like to file this, but doesn't have the funds. We have until 10/1/16 to file an HQL suit and barring some miracle, it won't happen.

 

[trickg]

Agreed, not that it's going to matter much in the courts, but it could give the media some bytes here and there that could paint us in an unfavorable light.

Who cares? Are we going to run and hide even when we get a small victory?

You raise a good point - it's just one of those things where I think sometimes we have to be mindful and prudent that the anti's, in an effort to get to know their enemy, read and monitor these sites, that's all.

Personally, I'm pretty happy about how this has turned out - we thought that Kolbe was going to languish forever in court limbo, but we got one to come back in our favor, so it's definitely a win to be happy about.

 

[Inigoes]

I doubt the District Court can figure a way around this and I doubt the CA4 will overturn itself on this one. This precedent will stand unless SCOTUS agrees to hear it.

Frosh doesn't have the balls to appeal the opinion to the SCOTUS!

 

[Boondock Saint]

No, the HQL was not part of it. MSI would like to file this, but doesn't have the funds. We have until 10/1/16 to file an HQL suit and barring some miracle, it won't happen.

Any update on the funding?

It was $12K back in mid-December. That's an unfortunate far cry from the $100K jumping off point.

 

[teratos]

Frosh doesn't have the balls to appeal the opinion to the SCOTUS!

Sure he does. He hates us that much. OK, maybe not balls, but he has quite the mustache.

Any update on the funding?

It was $12K back in mid-December. That's an unfortunate far cry from the $100K jumping off point.

It's stuck about there, last I heard.

 

[slybarman]

Was the HQL even part of this litigation? I thought the equal protection issue was that LEO could continue to possess an Assault Weapon after they left the department even if the Assault Weapon was not possessed prior to 10/1/2013.

Could be - As I stated in my early post, the HQL piece was just an assumption on my part. I didn't recall the factual basis of the equal protection claim.

 

[Mr H]

Sure he does. He hates us that much. OK, maybe not balls, but he has quite the mustache.



It's stuck about there, last I heard.

He's just jealous of The Hair.

 

[teratos]

He's just jealous of The Hair.

Can you blame him?

 

[Mr H]

Could be - As I stated in my early post, the HQL piece was just an assumption on my part. I didn't recall the factual basis of the equal protection claim.

HQL wasn't part of this... but I think (will have to recheck later) I saw some wording that could be applicable/assistive to challenging it.

 

[Mr H]

Can you blame him?

Just imagine how Vinny feels!!

 

[teratos]

Just imagine how Vinny feels!!

That poor bastard. His hair is a wreck.

 

[erwos]

Frosh doesn't have the balls to appeal the opinion to the SCOTUS!

Does he have a choice? It's unclear to me when the AG has the discretion to drop this kind of case.

 

[m4strmind]

Frosh facebook

 

[montoya32]

Frosh doesn't have the balls to appeal the opinion to the SCOTUS!

Sure he does. He hates us that much. OK, maybe not balls, but he has quite the mustache.



It's stuck about there, last I heard.

Any doubts?

 

[Peaceful John]

SO, by vacating the District Court's decision, it still leaves the law as is - correct?

Years ago, in high school, I got so tired of hearing "Yes, I love you. But not that way". That was my introduction to how the interpretation of words can entirely change their meaning. It depends on what the meaning of "is" is.

IANAL, but it looks like today's decision now requires this law to be interpreted under strict scrutiny. Yesterday it could have been interpreted any way the judge saw fit ("Yes, but not that kind of gun"), but today there is suddenly a very difficult interpretive standard that must be met. So the words of the law haven't changed but what the words mean certainly has. In that sense the law is much changed.

 

[Bourbonstamps]

Frosh facebook

"courageous votes"

what an asshat

 

[Brooklyn]

Was the HQL even part of this litigation? I thought the equal protection issue was that LEO could continue to possess an Assault Weapon after they left the department even if the Assault Weapon was not possessed prior to 10/1/2013.

Sorry my bad... busy time at work.. disregard... yes that claim had merit...

Sorry.for the confusion...mine that is..

 

[Mr H]

"I'm not dead yet! I feel happy... I feel happy..."

 

[Brooklyn]

Frosh facebook

Good maybe he gan get some other AG s to help us get to Scotus.