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  • esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Attached.
     

    Attachments

    • opinion.KolbeCA.pdf
      239.4 KB · Views: 1,975

    Mr H

    Banana'd
    Mo Fricker!!!

    Had a feeling it would not be good for the State, as long as it took!!

    The wording in the first paragraph (p6), alone, tells us that the majority is telling the Froshies to twist it twice!

    This will be great reading material tonight.
     

    slybarman

    low speed high drag 9-5er
    Feb 10, 2013
    3,074
    To summarize then:

    - Semi auto rifles and mags are covered by 2A
    - Accordingly strict scrutiny should apply to review of FSA 2013
    - retired LEO and everyday citizens not similarly situated with respect to possession of firearms
    - Term "copies" of banned weapons is not overly vague

    Miss anything?
     

    Gambler

    ¿Got Freedom?
    Oct 30, 2011
    3,476
    Parkville
    IANAL, but I believe it is going to be pretty hard for the law to stand up under strict scrutiny, in total at least.
     

    HarCo2ANewb

    Subibro
    Mar 24, 2011
    5,899
    Elkridge
    I read it as we get strict scrutiny which is a win but we lose the equal protection argument and the "copies" are too vague argument. Is this about right
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    omg-excited-omg.jpg
     

    Gambler

    ¿Got Freedom?
    Oct 30, 2011
    3,476
    Parkville
    We therefore struggle to see how Maryland’s law
    would not substantially burden the core Second Amendment right
    to defend oneself and one’s family in the home with a firearm
    that is commonly possessed by law-abiding citizens for such
    lawful purposes.

    Moreover, the FSA also reaches every instance
    where an AR-15 platform semi-automatic rifle or LCM might be
    preferable to handguns or bolt-action rifles--for example
    hunting, recreational shooting, or competitive marksmanship
    events, all of which are lawful purposes protected by the
    Constitution.

    Lots of good lines in this one!
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    This is HUGE!!!

    Mammoth thanks goes out to all involved.

    Keep the donations to MSI, MSRPA, and AGC going!
     

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