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

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  • Kharn

    Ultimate Member
    Mar 9, 2008
    3,585
    Hazzard County


    Around 4:50 William Kirk states how Justice Bumatay and justice Van Dyke stood up against the 9 circuit decision to skip the three judge panel in Duncan v. Bonta.

    Why isn’t there a similar response in the 4th circuit with bianchi v. brown?? Is the 4 circuit worse than the 9th?


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    The 9th conducts en banc by randomly selecting an 11 judge panel, because all 29 judges sitting en banc would be too unwieldy (but they do have the option in their rules to have all 29 judges sit en banc). The 4th is much smaller, so all judges participate. Trump managed to make the 9th much more balanced, but he never successfully evened out the activists in the 4th.
     

    BurkeM

    Ultimate Member
    MDS Supporter
    Jan 8, 2014
    1,773
    Baltimore
    So can (and should) the SCOTUS smack down the 4CA for this judicial gymnastics? How do we 'officially' raise this issue up the chain of judicial command?
    No.

    We wait for a full en banc hearing, wait for a decision, and file for writ of certiorari if we oppose their decision.

    A type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion. The word certiorari comes from Law Latin and means "to be more fully informed." A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it. The U.S. Supreme Court uses certiorari to select most of the cases it hears. The writ of certiorari is a common law writ, which may be abrogated or controlled entirely by statute or court rules.
     

    Apd09

    Active Member
    May 30, 2013
    982
    Westminster, MD
    Just a thought: A decision won't be made until VA passes an AWB, then 4CA will uphold the ban and dare SCOTUS to take the inevitable cert.

    I don’t think a decision will be made until after the CA or IL ruling is made, MD doesn’t wanna go before the SCOTUS, they’ll slow walk so someone else has to while they just send letters of support along with “thoughts and prayers.”


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    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,987
    Fulton, MD
    I don’t think a decision will be made until after the CA or IL ruling is made, MD doesn’t wanna go before the SCOTUS, they’ll slow walk so someone else has to while they just send letters of support along with “thoughts and prayers.”


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    Can they actually put this in a drawer not to be seen again and things stay how they are/how they want them.? I heard that somewhere.
    Both seem likely.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,200
    Anne Arundel County
    I don’t think a decision will be made until after the CA or IL ruling is made, MD doesn’t wanna go before the SCOTUS, they’ll slow walk so someone else has to while they just send letters of support along with “thoughts and prayers.”
    You will probably turn out to be right. 4CA will slow roll the process, and the 7CA or one of the 9CA cases will be the one that allows SCOTUS to finally say "Enough!" on the game of a judge deciding something he doesn't like isn't an "arm" for ... reasons.

    And even then we still don't win immediately, because Bianchi or a new case would need to be decided under the new SCOTUS ruling to actually get a mandate specifically voiding FSA2013. And 4CA can then drag their feet and play process games on that case.

    The problem doesn't end until there's a change in the makeup of 4CA, either by expansion or by Mother Nature culling the herd through old age.
     
    Last edited:

    Rob00taws6

    Active Member
    Apr 4, 2013
    108
    Just watching copper jacket TV talking about miller v. Bonta… every time I hear “in common use for self defense” the aneurysm in my head wants to explode. I can feel it just behind my right eye….

    The only fix for this mess is more gun owners! Every time a new gun owner buys a AR-15 an angel get its wings!


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    Lafayette

    Not that kind of doctor
    MDS Supporter
    Jan 8, 2021
    522
    Maryland
    Just watching copper jacket TV talking about miller v. Bonta… every time I hear “in common use for self defense” the aneurysm in my head wants to explode. I can feel it just behind my right eye….

    The only fix for this mess is more gun owners! Every time a new gun owner buys a AR-15 an angel get its wings!


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    Drives me nuts too. Common use includes self-defense, but not exclusively.

    Any. Lawful. Purpose.
     

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