SB 281 and the possible SCOTUS case

gruntz03 · May 2, 2015

I know this possibility is a long way down a road with many possible turns but I have a question for the lawyer types.
We have heard from our rivals in the government at various levels that the "weapons of war" have no place on our city streets and that is one of their stated reasons for the "Assault Weapons" Bans. Now we have a situation where the very same government has ordered(or endorsed) the MD NG to the streets of Baltimore carrying these very same weapons. How is this not considered perjury or some other fancy lawyer word?

I know this is a gross simplification. While I understand the need for the Guard in this situation, I' am surprised by their posture in the city.(not that I have a problem with it)

dblas · May 2, 2015

gruntz03 said:
I know this possibility is a long way down a road with many possible turns but I have a question for the lawyer types.
We have heard from our rivals in the government at various levels that the "weapons of war" have no place on our city streets and that is one of their stated reasons for the "Assault Weapons" Bans. Now we have a situation where the very same government has ordered(or endorsed) the MD NG to the streets of Baltimore carrying these very same weapons. How is this not considered perjury or some other fancy lawyer word?

I know this is a gross simplification. While I understand the need for the Guard in this situation, I' am surprised by their posture in the city.(not that I have a problem with it)

First item - they are NOT the same firearms, what the NG carries as issued are select fire (fully automatic), firearms. What lawful firearms owners have been banned from owning, are semi-automatic firearms.

Second Item - the AWB and magazine capacity lawsuit has been well underway since Oct 2013. At his point in the process, there is no way for either side to add to the facts entered into the case.

gruntz03 · May 2, 2015

If it were to go to SCOTUS, wouldn't they hear arguments?

And I meant very same "weapons of war" not exact year, model, flavor and cup size! HA!

dblas · May 2, 2015

gruntz03 said:
If it were to go to SCOTUS, wouldn't they hear arguments?

And I meant very same "weapons of war" not exact year, model, flavor and cup size! HA!

They AREN'T the SAME......The firearms "banned" by the FSA2013, are NOT "weapons of war."

And yes, there will be argument if SCOTUS takes the case, but only on the facts already submitted at the Federal Circuit Court.

annihilation-time · May 2, 2015

dblas said:
They AREN'T the SAME......The firearms "banned" by the FSA2013, are NOT "weapons of war."

And yes, there will be argument if SCOTUS takes the case, but only on the facts already submitted at the Federal Circuit Court.

You are correct they are not the same. However, it would be difficult for them to render the same tired argument that AR-15s belong on the battlefield - not on the streets of Baltimore. They would also be forced to acknowledge there's a difference between full-auto and semi-auto rifles.

dblas · May 3, 2015

annihilation-time said:
You are correct they are not the same. However, it would be difficult for them to render the same tired argument that AR-15s belong on the battlefield - not on the streets of Baltimore. They would also be forced to acknowledge there's a difference between full-auto and semi-auto rifles.

Judge Agee got the state to admit that in the oral argument at the 4th Circuit. We are 39 days into waiting for a decision from the 4th Circuit, so we will see if it plays in our favor or not.

ironpony · May 3, 2015

Should we get an answer in a few years?

teratos · May 3, 2015

ironpony said:
Should we get an answer in a few years?

2 years...

Sundazes · May 3, 2015

teratos said:
2 years...

But that only happens 3% of the time.

esqappellate · May 3, 2015

teratos said:
2 years...

That's the 9th Circuit (truly). The 4th is faster.

teratos · May 3, 2015

esqappellate said:
That's the 9th Circuit (truly). The 4th is faster.

2 months?

N3YMY · May 3, 2015

teratos said:
2 months?

2 weeks... :innocent0

esqappellate · May 3, 2015

teratos said:
2 months?

The 4th? Naa, more like 3 to 6 months.

teratos · May 3, 2015

esqappellate said:
The 4th? Naa, more like 3 to 6 months.

That doesn't fit the MDS narrative.

dblas · May 3, 2015

teratos said:
That doesn't fit the MDS narrative.

We are 39 days into this, so it does now.....2 months...

Schipperke · May 4, 2015

gruntz03 said:
I know this possibility is a long way down a road with many possible turns but I have a question for the lawyer types.
We have heard from our rivals in the government at various levels that the "weapons of war" have no place on our city streets and that is one of their stated reasons for the "Assault Weapons" Bans. Now we have a situation where the very same government has ordered(or endorsed) the MD NG to the streets of Baltimore carrying these very same weapons. How is this not considered perjury or some other fancy lawyer word?

I know this is a gross simplification. While I understand the need for the Guard in this situation, I' am surprised by their posture in the city.(not that I have a problem with it)

I think you are missing the presumed modifier, have no place in "Joe Blow Citizen" hands. LEO and NG get Carte Blanche against the Emporer's subjects.

esqappellate · May 6, 2015

teratos said:
That doesn't fit the MDS narrative.

Well, you know me, I am just a non-conformist....

lx1x · May 6, 2015

esqappellate said:
Well, you know me, I am just a non-conformist....

Oh.. Another "I will not comply" middle aged grumpy guy.

:lol2:

cad68m_m · May 6, 2015

A minor quibble with the OP. Its no longer SB 281, but is now the Firearms Safety Act of 2013, or FSA 2013

SB 281 and the possible SCOTUS case

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