Kolbe v O'Malley being Appealed to CA4

[erwos]

The point I was making is that there were AR based handguns on the Maryland Handgun Roster before FSA'13 that had >20 round capacity, but because of the Maryland magazine law we were limited to only 20 rounds.

That didn't really seem like the point you were making, but yes, clearly. The best example would be the Kel-Tec PMR-30, which has an explicit note right next to it.

If the 10 round limit fails, 20 rounds should be out the window too.

Not quite as open and shut as that, but it'll be a point in our favor. Just getting back to 20rds would be tremendously useful, as I'm sure we all are discovering.

 

[Jim12]

so ill be applying for AARP before this is over...

AARP is a liberal, pro-Obamacare organization. Do you really want to support it? There are other alternatives.

 

[moojersey]

I agree getting back to 20 is a great first step, especially in regard to handgun magazines, but I hope no one wants to stop there.

 

[teratos]

I agree getting back to 20 is a great first step, especially in regard to handgun magazines, but I hope no one wants to stop there.

Yep. At least we'll be able to get mags with our handguns.....

 

[Gambler]

Seriously, that is the reason I haven't bought any more handguns, it wasn't the HQL, I have that. I just hate knowing that I have to waste money to buy the 10rd mag that comes with the gun, then I have to go out of state to get a bigger magazine and bring it back. In the end they accomplish nothing, but headache, which I'm sure is the entire point.

 

[ChannelCat]

...but I hope no one wants to stop there.

If I could wave a magic wand, I would wipe out most, if not all, of Maryland's gun laws going back to the Willie Don Schaefer (God rest his soul) stuff...

 

[Cal68]

But it furthers our goals in a quicker fashion and that is ultimately SCOTUS. Which this case will be appealed to regardless of the ruling of the 4th Circuit. The only question is, will there be a beef detour through en banc or not.

If this case is appealed to SCOTUS, what are the chances that they will take it up? Are there similar 2A cases from other states that will also make it to SCOTUS around the same time? I think that SCOTUS only agrees to take something like a 100 cases a year, so it seems to me that the chances that SCOTUS will decide to review the appeal will be higher if there are similar cases from other states that are also being appealed to them. Thanks.

Cal68

 

[Abulg1972]

If this case is appealed to SCOTUS, what are the chances that they will take it up? Are there similar 2A cases from other states that will also make it to SCOTUS around the same time? I think that SCOTUS only agrees to take something like a 100 cases a year, so it seems to me that the chances that SCOTUS will decide to review the appeal will be higher if there are similar cases from other states that are also being appealed to them. Thanks.



Cal68

Slim to none.

 

[esqappellate]

If this case is appealed to SCOTUS, what are the chances that they will take it up? Are there similar 2A cases from other states that will also make it to SCOTUS around the same time? I think that SCOTUS only agrees to take something like a 100 cases a year, so it seems to me that the chances that SCOTUS will decide to review the appeal will be higher if there are similar cases from other states that are also being appealed to them. Thanks.

Cal68

If the State loses, then you can expect a petition for rehearing en banc. If the State is unsuccessful with that, then you can expect a cert petition. Frosh is not going to give up. A federal court striking down a state law on constitutional grounds is one of the most likely cases for cert to be granted. The game is not over. If the State wins in the CA4, the chances for cert go way down.

 

[Abulg1972]

If the State loses, then you can expect a petition for rehearing en banc. If the State is unsuccessful with that, then you can expect a cert petition. Frosh is not going to give up. A federal court striking down a state law on constitutional grounds is one of the most likely cases for cert to be granted. The game is not over. If the State wins in the CA4, the chances for cert go way down.

I actually think that the plaintiffs have a better shot at having a petition granted than the State does given the Supreme Court precedent, the failure of the District Court to do its job, the complete abuse of the Constitution by the General Assembly. But, who knows, if the State loses and loses again at en banc (or en banc refuses to rehear), then we will have a split of authority between the 2nd and 4th Circuits, so that could be interesting. One day, the SCOTUS will have to go beyond Heller.

 

[esqappellate]

I actually think that the plaintiffs have a better shot at having a petition granted than the State does given the Supreme Court precedent, the failure of the District Court to do its job, the complete abuse of the Constitution by the General Assembly. But, who knows, if the State loses and loses again at en banc (or en banc refuses to rehear), then we will have a split of authority between the 2nd and 4th Circuits, so that could be interesting. One day, the SCOTUS will have to go beyond Heller.

If we win, it remains to be seen if that decision actually conflicts with Heller II in the D.C. Circuit (the ca4 could distinguish it, somehow). The AWB in the Safe Act (so called) in NY was argued before the CA2 in December 2014 and we don't have a decision yet. So, we don't know how that is going to come out. But a conflict is possible there if plaintiffs lose in the CA2 and we win here. Of course, all of that depends on us winning here. I don't expect the CA2 to rule for plaintiffs. If we lose here, then 3 circuits would be in accord in that result, the DC, CA2 and CA4. Not much room for cert there.

 

[Schipperke]

http://coop.ca4.uscourts.gov/OAarchive/mp3/14-1945-20150325.mp3

 

[Gambler]

http://coop.ca4.uscourts.gov/OAarchive/mp3/14-1945-20150325.mp3

The link is there, but must be broken.

 

[Schipperke]

The link is there, but must be broken.

"Shenanigans" Try later..

 

[dwhaley]

Seriously, that is the reason I haven't bought any more handguns, it wasn't the HQL, I have that. I just hate knowing that I have to waste money to buy the 10rd mag that comes with the gun, then I have to go out of state to get a bigger magazine and bring it back. In the end they accomplish nothing, but headache, which I'm sure is the entire point.

Best way to make lemonade from lemons, IMO, is just to use the 10-rounders as range/practice mags and save your full-caps for "serious" use cases.

 

[DC-W]

10 rounders are perfect for IDPA, if you're in to that. Also, if you don't want the 10 rounders, just sell them here on the classifieds. Sold some glock 10 rounders I didn't want

 

[CypherPunk]

The audio link has just been posted, but it appears that the file is not available for download yet.

Listen to Oral Arguments Main Page
http://www.ca4.uscourts.gov/oral-argument/listen-to-oral-arguments

Direct Link to .mp3 file
http://coop.ca4.uscourts.gov/OAarchive/mp3/14-1945-20150325.mp3

 

[dblas]

The audio link has just been posted, but it appears that the file is not available for download yet.

Listen to Oral Arguments Main Page
http://www.ca4.uscourts.gov/oral-argument/listen-to-oral-arguments

Direct Link to .mp3 file
http://coop.ca4.uscourts.gov/OAarchive/mp3/14-1945-20150325.mp3

Audio file just went live.

 

[Schipperke]

http://coop.ca4.uscourts.gov/OAarchive/mp3/14-1945-20150325.mp3

Working here..

 

[Jaybeez]

download is live now