Kolbe v. O'Malley going to Supreme Court?

Glockster30

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Did a search and found a link, but to make sure that it didn't get buried, I started a new thread (mod can move to combine as it is a continuation of:

https://www.northeastshooters.com/v...-Unusual-”-Not-Protected-by-2?highlight=kolbe).

The Kolbe v. O'Malley case where it was ruled that AR15's are "unusual and dangerous" might be going to the Supreme Court.


[FONT=&quot]Andrew Turner suffers from partial paralysis in his dominant hand, the legacy of an injury to his right arm while on active duty in the Navy – which is why, according to court papers, the Maryland resident needs a semiautomatic gun to defend himself.

[/FONT]
[FONT=&quot]The state’s 2013 Firearm Safety Act, however, bars the sale of semiautomatic rifles like the popular AR-15 and AK-47, and sets a 10-round limit on magazines. The law could be at the center of the next big precedent-setting gun case if the Supreme Court takes up a challenge from Turner and others.[/FONT]
[FONT=&quot]“We are hopeful that the Supreme Court will reverse this egregious decision,” Chris W. Cox, executive director of the National Rifle Association Institute for Legislative Action, said in a statement. [/FONT]
[FONT=&quot]The Maryland law is one of a host of gun control measures passed in the wake of the 2012 Newtown, Conn., elementary school massacre – and, if taken up, the case could have sweeping implications for like-minded states in the gun control debate. [/FONT]
[FONT=&quot]Jay Porter, an attorney for the plaintiffs, complained about a patchwork of rulings in the wake of the landmark 2008 Heller decision upholding the individual’s right to own a gun. He called on the Supreme Court to clear up the confusion. [/FONT]


http://www.foxnews.com/politics/201...case-post-newtown-laws-face-new-scrutiny.html[FONT=&quot][/FONT]
 
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Not necessarily a bad thing considering the make up of the court. Let's get another pro 2A justice in there, then get a case to them.
 

xjma99

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Waher

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In English it means the SCotUS denied certification of the application for the court to schedule review the case and potentially hear it. The lower court ruling stands until challenged in another petition. It isn't an easy thing, or even possible (?), to refile a petition without a new case.
 

Rob Boudrie

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I heard the Supreme Court wants no 2A cases cause neither side is sure which way the vote will go. We need another Trump appointee in there before any cases will get taken I think.
It takes 4 justices to vote to hear a case and 5 to win. If a justice is convinced his/her side will lose, it is common to vote to deny cert to avoid having a bad precedent (and leaving the issue for a future different makeup of the court)
 

Horrible

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Not necessarily a bad thing considering the make up of the court. Let's get another pro 2A justice in there, then get a case to them.
Not sure we'll get another conservative justice with this RINO Congress. Could be even worse on that front in a year.
 

Rockrivr1

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Was just reading this online. Guess they denied a 2A case out of Florida that revolved around open carry as well. Is there such a thing as a anti conservative conservative or CINO instead of RINO. I think there is.....
 
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Was just reading this online. Guess they denied a 2A case out of Florida that revolved around open carry as well. Is there such a thing as a anti conservative conservative or CINO instead of RINO. I think there is.....
^That was Norman v. Florida. It was posted today in the Comm2A SCOTUS thread: https://www.northeastshooters.com/xen/threads/2017-us-supreme-court-term.341606/

There are four more 2A related cases (that I'm aware of) in the cert pipeline.

It's almost alway impossible to figure out what's going on in the minds of the justices when they're considering cert petitions. You can be sure that it's much more complicated than simply a matter of Kennedy and/or Roberts getting in the way. I think the court is eager to avoid the controversy that a decision on most of the big 2A cases would bring. I also think that the near total lack of conflict in the lower courts keeps them from being in any hurry. My fear is that this is the new normal.
 

Reptile

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U.S. Supreme Court Rejects Assault Rifle, Open-Carry Appeals

The U.S. Supreme Court steered clear of the intensifying gun debate after the mass shootings in Nevada and Texas, turning away two appeals from firearms advocates, including one that sought a constitutional right to own a semiautomatic assault rifle.


The justices, without comment Monday, left intact a ruling that upheld Maryland’s ban on assault weapons. In a separate case, the high court refused to require Florida to let handguns be carried openly in public.


The Supreme Court has repeatedly rebuffed gun advocates since it ruled in 2010 that people across the country have the right to keep a firearm in the home for self-defense. That case represents the last time the high court heard arguments on the reach of the Second Amendment.


Opponents say easy access to guns is to blame for continued mass shootings in the U.S., including the Oct. 1 massacre of 58 people at a concert in Las Vegas and the slaughter just a month later of 26 people in a Texas church.


In the Maryland case, a federal appeals court said assault weapons, including the popular AR-15, aren’t protected by the Second Amendment. The appeals court pointed to the Supreme Court’s 2008 Heller decision, which included a line suggesting that states and cities could ban the M-16 rifle, a military version of the AR-15.

https://www.bloomberg.com/news/arti...n-carry-appeals-rejected-by-u-s-supreme-court
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This was not the U.S. Supreme Court. Sounds like this was a court in Maryland. The court decided 10-4. The U.S. Supreme court only has 9 members. Hopefully this will go to the U.S. Supreme court after we get a couple more Trump appointees.
 
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