BREAKING: Federal Judge Rules AR-15′s Are “Dangerous and Unusual,” Not Protected by 2

[KBCraig]

I think a quick look at which states have the most onerous gun control shows quite clearly that the wealthiest states have the most onerous gun control.

Cali
NY
NJ
Mass
Oregon
Maryland
Ct

Not sure that the inverse it true but I cant think of any poor states that have onerous gun control laws.

WV
Ark
La
etc

Take a look at the list of place where guns are banned in those poor states, and see if you still think they're not onerous.

 

[bigblue]

Take a look at the list of place where guns are banned in those poor states, and see if you still think they're not onerous.

 

[soloman02]

BUT **** AN ESTABLISHMENT REPUBLICAN PRESIDENT, BECAUSE TED CRUZ AND DONALD TRUMP. MWAAAA. Again, being our own worst enemies.

I just want to point out that aside from Christie and Trump and Carson the candidates all have good records on firearms. Cruz and Rubio are both good. Even Kasich seems to be ok (I admit I have not looked up his 2A record because I would never vote for him anyway)

 

[Spanz]

Unusual? How many AR's and AKs are floating around out there? http://gunssavelives.net/blog/court...s-and-unusual-not-protected-by-2nd-amendment/

- - - Updated - - -

Brought to you by this handsome judge

jeez, he's not a very handsome man, is he?

 

[Hoover]

Trump put his calls for gun control in his book 'the america we deserve'. Fine he didn't vote, he's still anti gun

 

[In God We Trust]

Trump put his calls for gun control in his book 'the america we deserve'. Fine he didn't vote, he's still anti gun

But he is electable. And he's not really anti gun. Look how anti gun Obama is and nothing has changed on the federal level after 7 years of him trying. Give it a rest

Who should we vote for? "Rest area" Rubio?

 

[FrugalFannie]

BUT **** AN ESTABLISHMENT REPUBLICAN PRESIDENT, BECAUSE TED CRUZ AND DONALD TRUMP. MWAAAA. Again, being our own worst enemies.

Cruz gives me the heeby jeebies BUT I am pretty sure that he is strong on 2A rights - stronger than any other candidate. Trump? No.


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[milktree]

I *think* what he's referring to is stuff like binding signage and the huge list of no-gun places like bars and restaurants that serve booze.

I think. I had trouble parsing it too.

 

[ballydehob]

Mikeyp, what's the name of this case? This is opposite of yesterday's 4th Circuit case (Kolbe v. Maryland) (but it was a 2-1 decision).

 

[ballydehob]

milktree, Is that Hillary after doing 7-10 in the federal pen?

 

[speedy]

People Have A 'Fundamental Right' To Own Assault Weapons, Court Rules
http://www.msn.com/en-us/news/us/pe...ult-weapons-court-rules/ar-BBp8GB2?li=BBnb7Kz

 

[milktree]

People Have A 'Fundamental Right' To Own Assault Weapons, Court Rules
http://www.msn.com/en-us/news/us/pe...ult-weapons-court-rules/ar-BBp8GB2?li=BBnb7Kz

I hate that articles like that never have a date or reference to the actual case, making it impossible to confirm or check the story.

 

[TayNinh_66]

I hate that articles like that never have a date or reference to the actual case, making it impossible to confirm or check the story.

The original decision by Judge Catherine Blake can be found at
http://smartgunlaws.org/wp-content/...2-Kolbe-v.-OMalley-District-Court-Opinion.pdf

The Appellate decision kicking it back to Blake at http://www.ca4.uscourts.gov/Opinions/Published/141945.P.pdf

There are a number of original complaints, cross motions for summary judgement, requests for temp orders, amici briefs etc. Google Case No 1:13-cv-02841 If you register at Pacer you can access all the docs in one location.

 

[crazymjb]

Cruz gives me the heeby jeebies BUT I am pretty sure that he is strong on 2A rights - stronger than any other candidate. Trump? No.


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Sure. But hes unelectable in a general election. Rubio is still very strong on gun rights and very well could win. While nothing is certain, Hillary is the LAST person I want with her hand in SCOTUS... even Bernie would probably nominate better judges.

Mike

Sent from my cell phone with a tiny keyboard and large thumbs...

 

[ridleyman]

we need smart muskets that shoot only affirmations, not projectiles, otherwise some sociopathic felon might have their feelings hurt!

 

[rivet_42]

I hate that articles like that never have a date or reference to the actual case, making it impossible to confirm or check the story.

I hate "news" sites that take editorial content from places like DailyKos or HuffPo or PajamasMedia and frame and/or repost it as "news".

Also, the HuffPo headline is fundamentally incorrect and deceptive. The Fourth Circuit said no such thing, they just said a different standard of scrutiny needed to be applied. Meanwhile, the Maryland AWB continues in force, while the lower court reviews the law. But hey, never let the facts stand in the way of a good story, amirite?

 

[Qwikdraw45]

Another dumbass 2nd amendment only protects flintlock musket type. ..

I love when someone brings this up, as long as they are not a white male. Otherwise: "So, if you're going to use a 1700's definition of an allowable weapon, how about we use a 1700's definition of "voter" (sorry, you are ineligible to vote since you are (insert gender other than male, race other than white, here); and you can not communicate your opinion other than by writing with a quill on parchment or speaking face-to-face with someone. That will work for me just fine, and, BTW we must have .gov revert to the same limited level of armament!

 

[pastera]

I hate "news" sites that take editorial content from places like DailyKos or HuffPo or PajamasMedia and frame and/or repost it as "news".

Also, the HuffPo headline is fundamentally incorrect and deceptive. The Fourth Circuit said no such thing, they just said a different standard of scrutiny needed to be applied. Meanwhile, the Maryland AWB continues in force, while the lower court reviews the law. But hey, never let the facts stand in the way of a good story, amirite?

Read the opinion - the standard set forth within is not attainable. Under strict scrutiny guided by the logic of the higher court I see no way the Maryland FSA can be found constitutional.

The result of the 4th's decision is that this law will fall - be on remand or again on appeal.

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[Garys]

I thought it strange that he has never said one word about guns, the Second Amendment, or gun control. He seems to avoid that like the plague. It makes me suspicious.

Also, reference to Penny Pincher's comment about Cruz. I know a lot of women who are pretty conservative and none of them seem to like Cruz. What I don't understand is why. Probably way off topic in this thread, though.

I think this is potentially a big decision. It will likely go to SCOTUS, but they have been very reluctant to take 2A cases since McDonald. Kennedy is the question mark, so maybe they are waiting for a Republican president and hopefully a retirement by one of the liberal judges.

Trump put his calls for gun control in his book 'the america we deserve'. Fine he didn't vote, he's still anti gun

 

[pastera]

I think this is potentially a big decision. It will likely go to SCOTUS, but they have been very reluctant to take 2A cases since McDonald. Kennedy is the question mark, so maybe they are waiting for a Republican president and hopefully a retirement by one of the liberal judges.

When Maryland loses this one I bet all of the other ban stated will be on their collective knees begging them not to appeal.
Once it gets to that point strict scrutiny would be set in stone, collapsing many of the "presumptively constitutional" gn control laws.



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[xtry51]

When Maryland loses this one I bet all of the other ban stated will be on their collective knees begging them not to appeal.
Once it gets to that point strict scrutiny would be set in stone, collapsing many of the "presumptively constitutional" gn control laws.



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This is what will happen. No anti controlled state wants this case to go to SCOTUS. And SCOTUS doesn't want to take a case like this.

They don't want to have to strike down every AWB in the country.

 

[Garys]

That would be a similar situation to what happened in IL a few years ago. When the 7th Circuit ruled that they had to come up with a plan to issue concealed carry licenses, the AG came under a ton of pressure to accept the decision and not appeal it to SCOTUS.

At least that's what I was told by someone who was involved in case.

When Maryland loses this one I bet all of the other ban stated will be on their collective knees begging them not to appeal.
Once it gets to that point strict scrutiny would be set in stone, collapsing many of the "presumptively constitutional" gn control laws.



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[71montess]

When Maryland loses this one I bet all of the other ban stated will be on their collective knees begging them not to appeal.
Once it gets to that point strict scrutiny would be set in stone, collapsing many of the "presumptively constitutional" gn control laws.



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[Knuckle Dragger]

And it continues. Rehearing en banc granted by CA4

03/04/2016 89 ORDER of USCA granting rehearing en banc as to 82 Notice of Appeal (ko, Deputy Clerk) (Entered: 03/04/2016)

 

[goodzilla]

Another legal mulligan to "get it right"?

 

[milktree]

And it continues. Rehearing en banc granted by CA4

03/04/2016 89 ORDER of USCA granting rehearing en banc as to 82 Notice of Appeal (ko, Deputy Clerk) (Entered: 03/04/2016)

Does this mean dad came home and told Johnny to go paint the fence the right way?

 

[the_shootist]

Just to warn you guys.....I got an infection blocked alert when I clicked on that link from my Avast anti virus software. I'm on a MAC so tread lightly you Mac users and you PC users might want to be careful as well

 

[Knuckle Dragger]

Another legal mulligan to "get it right"?

Does this mean dad came home and told Johnny to go paint the fence the right way?

This is pretty much it. Although the original appeals decision was written by the Circuit's Chief Judge, a Clinton appointee (not that Senior Judge gives him any extra pull).

 

[AlKatori]

So is there a good chance that the en-banc will basically say the lower court did fine, now be quiet and go about your business?

Is this all really just pre-game until it gets to the Supreme Court?

 

[Knuckle Dragger]

En Banc Hearing Scheduled for May 11

As far as I know, this will be the first hearing in an AWB challenge since SCOTUS GVR'd Caetano back to the SJC. Both Kolbe and amicus NRA made good use of this new decision.

Brief of Plaintiffs-Appellants, Kolbe, et. al.

Brief of Defendants-Appellees Maryland

Thanks to Calguns.net for the links.