Supreme Court remits MD assault weapons ban back to lower courts in light of Bruen vs. NY ruling

[Allen65]

They are taking the case en banc

How did we get to an en banc when there was no panel decision on the remand?

 

[whistlersmother]

How did we get to an en banc when there was no panel decision on the remand?

Right. But I guess they don't have to follow their own rules when it comes to 2A.

En banc will come up with same decision that got vacated.

Then maybe SCOTUS will take it a second time.

 

[308Scout]

Looks like the verbose YouTuber was correct.


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Quoted for truth. He was.

 

[Kharn]

Am I taking crazy pills? I thought Bianchi was already hijacked to en banc without ever having the panel opinion released and we were waiting for the en banc this entire time?

 

[Lafayette]

I interpret this as the three judge panel was going to strike down the assault weapon band. En Banc realized this, and ended up taking the case in order to avoid the ruling.

 

[Allen65]

Am I taking crazy pills? I thought Bianchi was already hijacked to en banc without ever having the panel opinion released and we were waiting for the en banc this entire time?

You were being prescient.

 

[jcutonilli]

How did we get to an en banc when there was no panel decision on the remand?

I would guess it is due to the fact that Kolbe is the en banc precedent that drove this case. There may be some precedent that only en banc courts can over rule previous en banc precedents.

 

[sleev-les]

With these ridiculous judges nowadays I have a feeling this is what I need to go back to the Supreme Court. The fourth serve is going to find some stupid reason that it is constitutional. The fact they are even allowed to play. These games is sickening.

 

[swinokur]

Mark Smith predicted this would happen.

Jackals






Firearms Policy Coalition

@gunpolicy

LEGAL ALERT: 13 months after oral arguments before the 3-judge panel, the Fourth Circuit says it it taking our lawsuit challenging Maryland's "assault weapon" ban en banc, which means it will be reheard before the entire court: https://firearmspolicy.org/bianchi

 

[FrankZ]

I'd love to read the decision that isn't going to be released.

 

[Allen65]

I would guess it is due to the fact that Kolbe is the en banc precedent that drove this case. There may be some precedent that only en banc courts can over rule previous en banc precedents.

So it doesn't necessarily indicate a majority of judges in 4CA have already made their decision against us, because the decision to go en banc is procedural?

 

[Apd09]

So it doesn't necessarily indicate a majority of judges in 4CA have already made their decision against us, because the decision to go en banc is procedural?

If 3 judges heard originally, and it was prolly gonna be 2-1 in our favor, then a majority of judges needed to disagree with that decision and vote to take it.

I’d argue they’ve already made their decision and this is just a way to keep buying time.


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[whistlersmother]

If 3 judges heard originally, and it was prolly gonna be 2-1 in our favor, then a majority of judges needed to disagree with that decision and vote to take it.

I’d argue they’ve already made their decision and this is just a way to keep buying time.


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Yep. No soothsaying needed...

 

[jcutonilli]

So it doesn't necessarily indicate a majority of judges in 4CA have already made their decision against us, because the decision to go en banc is procedural?

One of the holdings in Kolbe was that "assault weapons" don't have 2A protection. Bruen technically did not "decide anything about the kinds of weapons that people may possess." (Alito concurrence).

While I believe that Bruen clarified the issue enough to demonstrate that it should be overruled, it is a little unclear whether this holding can be overruled by a panel, or the en banc. They seem to have decided that it needs to be an en banc

 

[Allen65]

One of the holdings in Kolbe was that "assault weapons" don't have 2A protection. Bruen technically did not "decide anything about the kinds of weapons that people may possess." (Alito concurrence).

While I believe that Bruen clarified the issue enough to demonstrate that it should be overruled, it is a little unclear whether this holding can be overruled by a panel, or the en banc. They seem to have decided that it needs to be an en banc

Bruen didn't, but Heller already did with the "In Common Use" test. And in Bruen, it was made clear than Heller was still good law and affirmed, not overturned.

 

[Kharn]

The serial number cases (Price) is also en banc with the same instruction of next available argument session. HQL is going to en banc argument in March.

 

[Apd09]

Bruen didn't, but Heller already did with the "In Common Use" test. And in Bruen, it was made clear than Heller was still good law and affirmed, not overturned.

And in common use was established in Caetano at 200,000 stun guns.


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[Some Guy]

In my opinion this is an example of an abusive judiciary. They are slow walking this case by design. They have had this case for well over a year, and I believe they are trying to stick it to the Supreme Court with this slow pace.

The right to keep and bear arms remains disfavored in the 4th circuit.

 

[Worsley]

In my opinion this is an example of an abusive judiciary. They are slow walking this case by design. They have had this case for well over a year, and I believe they are trying to stick it to the Supreme Court with this slow pace.

The right to keep and bear arms remains disfavored in the 4th circuit.

It’s favored by the constitution so ultimately they will fail

 

[rbird7282]

In my opinion this is an example of an abusive judiciary. They are slow walking this case by design. They have had this case for well over a year, and I believe they are trying to stick it to the Supreme Court with this slow pace.

The right to keep and bear arms remains disfavored in the 4th circuit.

Agreed. I hope they get their asses handed to them by SCOTUS