Kolbe v. O'Malley Hearing - Commentary & Link to Audio

DC-W said:

He's completely uninformed.
The NRA is backing the case. This case has implications beyond Maryland.

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Kolbe certainly does. The HQL case is rather unique to MD in its details. If we care, we need to step up to the plate and not rely on the NRA to challenge the HQL. I follow the 2A litigation cases nation-wide. There is a *TON* of it. NRA cannot possibly fund all of it.

esqappellate said:

Maybe MSI, and MSRPA etc need to have a little get together on this and get the ball rolling... We are running out of time.

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I re-upped with MSI as a sustaining member and tossed in an extra $50.00 donation, and I still have that brick of .22 that I'm happy to pony up for auction, raffle, etc. with the proceeds going to the HQL litigation.

The country is running out of time.

esqappellate said:

Having just finished listening (for the first time), I got to say that I am not convinced that we necessarily have this won. Listening to a tape, of course, is not the same thing as being there, as there is no way to read body language (which can be quite informative). We may win and some of the questions were favorable, but not all of them. The court will have to wrestle with this notion that ARs are somehow uniquely dangerous military-type weapons. We know it is crazy, but we know guns. Judges don't know guns. Of course, if the state wins on their theory, Sweeney is right, the next ban will be on semiauto handguns.

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I have learned from my extremely limited experience in listening to arguments of courts of appeal that sometimes bait is better left alone. But in this case, I wonder if the question of whether the common use test, when turned around to decide how uncommon a weapon must be to lose 2A protection, could have been addressed with the following points:

1. At some point in the development of new weapons or decline in popularity of older designs, a weapon may be relatively uncommon. Therefore the common use test alone cannot exclude the arm from 2A protection, lest new firearms developments, including even safety enhancements could have been frozen in time in the early 1800s. Conversely one's 200 year old family heirloom could fall out from under constitutional protection due to its mere rarity.

2. While commonality is a clear and unequivocal indication of protected status, un-commonality cannot, by itself, remove constitutional protection from a weapon.

3. The SCOTUS has opined that the 2nd amendment extends, prima facia to all instruments that comprise a bearable arm. (paraphrased from memory)

4. It is a mistake to take a test which quickly confirms the constitutionality of a weapon based primarily on its overwhelming commonality and turn it on its head to exclude weapons based solely on their relative rarity, absent clear evidence that they are dangerous AND unusual in the legal sense.

5. The term dangerous and unusual in common law was almost always dependent on the use of such weapons to intentionally terrorize ( i.e.the kings subjects, etc.) In other words, the use of the term dangerous and unusual was far more a description of a behavior (marauding; terrorizing) than any specific set of weapon characteristics. No peaceful, law abiding, gun bearing citizen was ever said to be carrying a dangerous and unusual weapon in common law.

6. It would be folly to attempt to use the common use test to set any lower limit on the number or percentage of weapon types to justify banning them. The common use test's greatest utility is it that it eliminates the need for courts to engage in further unnecessary inquiry.

We need everyone's help

esqappellate said:

Maybe MSI, and MSRPA etc need to have a little get together on this and get the ball rolling... We are running out of time.

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Fight The HQL !!!

Click HERE to find out more and fund MSI’s effort in this important fight!

Too bad we always have to pay for both sides.

ShallNotInfringe said:

Too bad we always have to pay for both sides.

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Sad but true ...

But look at it this way. With Frosh defending for the state, the taxpayers NEVER get their money's worth.

Just joined MSI myself as a sustaining member..will be able to give more next few months as my pension checks arrive and I get my first SS check starting in June...And a big thank you for those in the fight.. Im sorta new to the gun world and still playing catch up on all the laws

EL1227 said:

Sad but true ...

But look at it this way. With Frosh defending for the state, the taxpayers NEVER get their money's worth.

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donation sent today.

I like to add..
http://www.truthrevolt.org/videos/bill-whittle-sir-i-will-not-obey-order

Laddertowr said:

Just joined MSI myself as a sustaining member..will be able to give more next few months as my pension checks arrive and I get my first SS check starting in June...And a big thank you for those in the fight.. Im sorta new to the gun world and still playing catch up on all the laws

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Thank you for joining the fight! The fiasco of FSA2013 got a lot of us to wake up a bit. This forum and all the information flowing is a lot to keep up with but it is an excellent resource for getting up to speed on the confuzzling state of Maryland law and politics.

dogbone said:

Thank you for joining the fight! The fiasco of FSA2013 got a lot of us to wake up a bit. This forum and all the information flowing is a lot to keep up with but it is an excellent resource for getting up to speed on the confuzzling state of Maryland law and politics.

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You can see when I joined here. Before that I was completely unaware of the laws and the insane things our 'great leaders' were doing to us here in MD. My point is there is a lack of publicity for this and ALL of the common press around here is a big part of that problem. They promote the liberal gun-grabber agenda. Example the recent sound bite about the Sandy Hook Bike riders. I never see or hear anything promoting favorable gun ownership. Outside of these type of forums, am I looking in the wrong places, or do such stories not exist in popular media?

Mike said:

You can see when I joined here. Before that I was completely unaware of the laws and the insane things our 'great leaders' were doing to us here in MD. My point is there is a lack of publicity for this and ALL of the common press around here is a big part of that problem. They promote the liberal gun-grabber agenda. Example the recent sound bite about the Sandy Hook Bike riders. I never see or hear anything promoting favorable gun ownership. Outside of these type of forums, am I looking in the wrong places, or do such stories not exist in popular media?

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There are a couple of reasons. The media isn't exactly on our side. They won't cover much of what we do if they can help it. During the senate judiciary hearings in 2013, it was reported that "thousands from both sides showed up". They didn't tell you that it was 3000 + against the bill and 31 for it. We don't have rich benefactors like Bloomberg to foot the bill for lawsuits. The 2A groups like NRA and SAF are great, but there is only so much they will cover. Word of mouth is our most important tool. Welcome to the fight, bring a friend.

teratos said:

There are a couple of reasons. The media isn't exactly on our side. They won't cover much of what we do if they can help it. During the senate judiciary hearings in 2013, it was reported that "thousands from both sides showed up". They didn't tell you that it was 3000 + against the bill and 31 for it. We don't have rich benefactors like Bloomberg to foot the bill for lawsuits. The 2A groups like NRA and SAF are great, but there is only so much they will cover. Word of mouth is our most important tool. Welcome to the fight, bring a friend.

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http://www.naturalnews.com/Health_Ranger.html
Thanks to this web site, my wife is completely in agreement with me on this. We both have our HQL now.

two weeks?

Of course

Schipperke said:

two weeks?

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I wish! While there isn't a known timeframe, it is "likely" 30-90 days.

I just re-upped my MSI sustaining membership

HotWheelsUMD said:

I just re-upped my MSI sustaining membership

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Schipperke said:

two weeks?

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Either that or 3% of a year, in business days.

I am little late but thanks for all of your work on this, I wish I was back in the states...be more active...

Semper Fi

TheGunnyRet said:

I am little late but thanks for all of your work on this, I wish I was back in the states...be more active...

Semper Fi

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Don't worry Gunny, we will put you to work anytime you come back.