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

[dblas]

yeah...ummm...YES. They livestream the audio.

https://www.ca4.uscourts.gov/oral-argument/listen-to-oral-arguments

Audio, yes, video, no which is what I assumed he was asking (yeah, I know what happens when I assume)

 

[Apd09]

Audio, yes, video, no which is what I assumed he was asking (yeah, I know what happens when I assume)

It was an either/or question. I knew they did originally and listened but want sure if the full en banc was different than the 3 judge panel.


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[lazarus]

Would it be possible to FOIA all internal correspondence from 4CA that contains the word "Bianchi" over the past 16 months to find out what happened behind the scenes to arrive at the en banc order? Or would those internal court discussions be FOIA exempt because they're in the Judicial, not Executive, Branch, and therefore not an "agency" for FOIA purposes?

If FOIA isn't an option, maybe a PIA request to MDOAG asking essentially the same question might be in order, in case there was backchannel communication between 4CA staff and MDOAG about intent to bypass normal procedure to get to en banc in this case?

The whole dirty process in this case begs for some sunlight.

FOIA applies to the executive branch.

 

[dblas]

It was an either/or question. I knew they did originally and listened but want sure if the full en banc was different than the 3 judge panel.


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Again, an assumption on my part that failed.

 

[delaware_export]

cali / 9th circus / awb oral argument tomorrow. Specifics TBA … FPC Twitter feed will have when published. They say they’ll have link to stream when available

 

[Objee]

 

[Apd09]

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[krucam]

The full Petition:

https://t.co/Qek4QuzKar

 

[swinokur]

SAF, CCRKBA ASK SCOTUS TO REVIEW MARYLAND SEMI-AUTO BAN



BELLEVUE, WA – The Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms have once again petitioned the U.S. Supreme Court to grant certiorari in their continuing challenge of Maryland’s ban on so-called “assault weapons.”



SAF and CCRKBA are joined in this petition by the Firearms Policy Coalition, Field Traders, LLC, and three private citizens, David Snope, Micah Schaefer and Dominic Bianchi, for whom the case is titled. The case is known as Bianchi v. Frosh. The Supreme Court in late June 2022 granted certiorari in the case, and vacated the earlier ruling by a lower federal court and then remanded the case back to the Fourth Circuit for further action based on guidelines established in the 2022 Bruen ruling.



Since being remanded, the case was fully briefed and argued before a three-judge panel for the Fourth Circuit. Inexplicably, over a year after argument was held and with no panel opinion issued, the Fourth Circuit sua sponte elected to hear the case en banc, further delaying the exercise of a fundamental right and seemingly to prevent publication of an opinion that favors the plaintiffs. Seeking certiorari before judgment is an extraordinary remedy reserved for cases of imperative public importance.



“It is clear to us this case must be decided by the Supreme Court,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The type of modern semiautomatic rifle banned in Maryland is in common use across the country, and is the most popular rifle in America. Yet, the Fourth Circuit and other courts of appeals have strained credulity to uphold such bans in the wake of the high court’s ruling in Bruen. This issue must be resolved.”



“The Fourth Circuit’s decision to hear this case en banc, over a year after it was argued before a panel and with no published opinion, seems to imply the court desired to take this case from a panel with which it disagreed,” noted SAF Executive Director Adam Kraut. “The unconstitutionality of Maryland’s Assault Weapons Ban has been apparent since it was passed into law, as Heller already provided the proper analysis, which the Fourth Circuit previously ignored to shield the law from a swift death. Intervention from the Supreme Court is necessary to restore order and force the lower courts to properly address this issue in a timely manner, as each day the Plaintiffs rights are being infringed upon.”

 

[sleev-les]

Regardless of how screwed up the courts are and how much they hate the 2A, it makes me feel great having orgs like FPC and SAF that fight like this. Breath of fresh air since the NRA doesn’t do nearly enough for being the largest 2A org out there.

 

[Apd09]

Regardless of how screwed up the courts are and how much they hate the 2A, it makes me feel great having orgs like FPC and SAF that fight like this. Breath of fresh air since the NRA doesn’t do nearly enough for being the largest 2A org out there.

I think it’s time to realize the NRA is more of a political lobbying machine as opposed to in the trenches daily fighting.
I’m not derailing this, just saying they offer money to organizations to support these fights, but we also need people lobbying Washington.


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[River02]

...and awayyyy wee go!

 

[Afrikeber]

Regardless of how screwed up the courts are and how much they hate the 2A, it makes me feel great having orgs like FPC and SAF that fight like this. Breath of fresh air since the NRA doesn’t do nearly enough for being the largest 2A org out there.

What about MSI?

 

[sleev-les]

What about MSI?

Them as well. I did not see them mentioned in the screenshot and was directly responding to the post orgs. But you can spit on my kudos reply I guess.

 

[Afrikeber]

Them as well. I did not see them mentioned in the screenshot and was directly responding to the post orgs. But you can spit on my kudos reply I guess.

No spit, just want recognize MSI for all they do as well.

 

[Some Guy]

...and awayyyy wee go!
View attachment 453590

No one tops Jackie Gleason. No one.

 

[Steel Hunter]

While we still have another 6 weeks until oral arguments for the en banc, I would be very surprised to see SCOTUS act on this until after that happens. I think this is more about putting the lower courts on notice for now. We all expect this to end up at SCOTUS anyways, let's just hope this reduces the denial of rights period.

 

[Threeband]

Every time I open this thread, I feel like Charlie Brown hoping to kick the football.

 

[emerald]

Every time I open this thread, I feel like Charlie Brown hoping to kick the football.

You too?! LOL!

 

[Lafayette]

Your talking about rational people. Watch Hawaii.

That’s not very “Aloha” now is it?