Decision in Kolbe!

[redsandman6]

Ad much as i like that it seems that we won something. I think frosh goes the en banc route and wins.

I think the rest of the judges will rule that ss doesn't need to be applied.

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[vgplayer]

Just imagine if a certain side is elected POTUS and potentially appoints 4 SCOTUS Justices. Frosh would have no qualms heading to that stacked deck.

 

[Inigoes]

Ad much as i like that it seems that we won something. I think frosh goes the en banc route and wins.

I think the rest of the judges will rule that ss doesn't need to be applied.

En banc - doubtful the CA4 would overturn themselves.

SCOTUS - 50/50 either way

 

[Mr H]

Where's KC Brown to break down the stats on CA4 and rehearing odds??

PAGING KC BROWN, CODE BLUE IN THE FACE.

 

[pcfixer]

So does this opinion issued from the circuit court invalidate the FSA 1023 law in part
of ban of assault rifles and LCM??

 

[Mr H]

So does this opinion issued from the circuit court invalidate the FSA 1023 law in part
of ban of assault rifles and LCM??

Not at this point.

 

[mac1_131]

So how many of the 4 guests on this thread are from the State Attorney's orifice?

Visitors are not disallowed...

 

[danb]

The irony is that I picked up some 'murican size mags in VA today. MD gun laws are stupid and unconstitutional.

 

[Jim12]

My favorite part:

"Our distinguished dissenting colleague asserts that we have imprudently and
unnecessarily broken with our sister courts of appeal and infers that we
will bear some responsibility for future mass shootings. In our view,
inferences of this nature have no place in judicial opinions and we will not
respond beyond noting this. The meaning of the Constitution does not depend
on a popular vote of the circuits and it is neither improper nor imprudent
for us to disagree with the other circuits addressing this issue. We are not
a rubber stamp. We require strict scrutiny here not because it aligns with
our personal policy preferences but because we believe it is compelled by
the law set out in Heller and Chester."

This, in a nutshell, is the issue since Heller. Like it or not, firearm ownership is protected by the Bill of Rights. It is also a heavy shot at the dissenting judge. They are questioning his temperament and ability to apply the law in an even handed manner.

It's a very powerful statement and gives well-reasoned cover for other judges who might feel pressured by public opinion in the event someone might commit a heinous act after their opinion.

Ironically, trial judges release dangerous felons every day who then go on to commit worse crimes, without taking responsibility or giving it a second thought.

 

[Hopalong]

So does this opinion issued from the circuit court invalidate the FSA 1023 law in part
of ban of assault rifles and LCM??

Nothing is overturned at this point. All this ruling is is an order for the district to re-evaluate the case based on strict scrutiny instead of the much more lax intermediate scrutiny.

Basically, the state has to actually prove their case now instead of just waving their hands and saying "because we say so."

 

[pcfixer]

So does this opinion issued from the circuit court invalidate the FSA 1023 law in part
of ban of assault rifles and LCM??

Opinion says

we vacate the district court’s order as to Plaintiffs’ Second Amendment challenge and remand for the court to apply strict scrutiny in the first instance.

o vacate a court order or judgment means to cancel it or render it null and void.

 

[Jim12]

Anybody up for a 2A Tuesday, part deaux?

2A Everyday?

 

[pcfixer]

Visitors are not disallowed...

I see 51 guests

 

[Mr H]

Opinion says



o vacate a court order or judgment means to cancel it or render it null and void.

But no law was 'stricken'... this just goes back to as if the District hadn't done anything yet.

 

[Gambler]

Every year one of our allies files a bill to repeal FSA2013, I wonder if it would be to our advantage to shelve that this go around...anti-intuitive as it sounds.

 

[redsandman6]

Just imagine if a certain side is elected POTUS and potentially appoints 4 SCOTUS Justices. Frosh would have no qualms heading to that stacked deck.

I agree this election may determine this court case. So if frosh retries the case in district court then it may get to the scotus in 3 to 5 years. Some of the Supreme Court judge won't be there when this case gets to them

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[ar154u]

Now let's watch for a bill that says you may keep an AR15 in your home if you already own one, but you can never bring it outside the home for any reason.

 

[CrazySanMan]

On Facebook, the main NRA account linked to the WaPo article and posted this:

A federal appeals court on Thursday struck down Maryland’s 2013 ban on "assault weapons" and high-capacity magazines. The ruling in this NRA-supported case sends a clear message to governments that try to restrict our Second Amendment freedoms!

 

[erwos]

But no law was 'stricken'... this just goes back to as if the District hadn't done anything yet.

Correct. All the Circuit did here was tell the District that they applied the wrong standard, the reasons why, and the standard they need to use.

It is theoretically possible the District could still rule against us, but the wording of this decision makes it nearly impossible to see how.

 

[Soda]

On Facebook, the main NRA account linked to the WaPo article and posted this:

That is clearly incorrect. You'd think the NRA would know what is what.