Kolbe v O'Malley being Appealed to CA4

Schipperke · Mar 29, 2015

Klunatic said:
Apparently, it can be done by a "pro". Jerry reels off 10 rounds in just over a second. Doubt an average joe could do it.

Frosh and Fader got this one downloaded now..

Kharn · Mar 29, 2015

swinokur said:
I was under the impression an En Banc request was not voted on at the Circuit but had to be heard. I thought a vote for CERT by SCOTUS was the only vote that decided a rehearing.

Is this incorrect?

En banc is also only granted upon a vote of the judges, but it requires a majority of the active judges. Cert only requires four out of nine.

swinokur · Mar 29, 2015

ok-got it now-thanks Kharn.

Abulg1972 · Mar 29, 2015

Schipperke said:
Frosh and Fader got this one downloaded now..

Funny - I was thinking about this exact video and hoping that the State didn't find it. Still. No one can empty a 30 round "clip" in 5 seconds.

Klunatic · Mar 29, 2015

Schipperke said:
Frosh and Fader got this one downloaded now..

Really doesn't support their arguments anyway, this can be done by Jerry with a Ruger 10/22 which is not banned. Additionally, he has pretty much superhuman reflexes not many can match him in reaction times and trigger pull. :innocent0

esqappellate · Mar 29, 2015

swinokur said:
I was under the impression an En Banc request was not voted on at the Circuit but had to be heard. I thought a vote for CERT by SCOTUS was the only vote that decided a rehearing.

Is this incorrect?

Wrong on both points. Active judges in a given circuit vote on any en banc request IF a judge requests a vote. Most en banc petitions are denied without even a judge requesting a vote. Cert is a decision by 4 members of SCT to bring a case to them. A party need NOT petition for rehearing en banc before filing a petition for cert. Most parties do so, as it gives them two shots.

esqappellate · Mar 29, 2015

fightinbluhen51 said:
I assume that can backfire for plaintiff Counsil, but; I'd do it just on principal alone.

Also, it's Fader not Faber. Just FYI since I don't get to correct you except once every century.

Thanks for the correction!! My typos abound.

swinokur · Mar 29, 2015

thanks for schooling me Esq.

One other question. How is an En Banc petition decided without the judges voting? I am confused sorry.

DC-W · Mar 29, 2015

This forum is an open book of information on firearms in Maryland.
No one is putting information here that the powers that be don't already have.

esqappellate · Mar 29, 2015

swinokur said:
thanks for schooling me Esq.

One other question. How is an En Banc petition decided without the judges voting? I am confused sorry.

Granting a petition for rehearing en banc means that a majority of the judges voting have voted to rehear it. That vote to rehear en banc usually doesn't decide the case. Usually, more briefs are filed and an en banc oral argument is held before the entire court (or before 11 judges in the 9th Circuit). Then an en banc decision is issued.

swinokur · Mar 29, 2015

ok-i get that.

thank you for the edumacation.

pcfixer · Apr 1, 2015

esqappellate said:
Perhaps the biggest whopper Fader told during the argument was that an AR15 and the other newly banned AW are vastly more dangerous than the machine guns that were available in 1934 when the NFA was enacted into law. Someone should ask Faber whether an AR15 is really more dangerous than a Browning water cooled .30 machine gun M1917 or air cooled M1919 on a tripod. Or even a .45 Tommy Gun with a drum mag. Hell, the M2 .50 dates back to before 1934. You can kill armor with that with the right ammo. If Fader actually believes this nonsense, then he is wholly and willfully ill-informed at a minimum (there is a duty to inquire before you make these sorts of assertions in court). If he knows better, then he lied to the court.

EDIT: If I were counsel, I would be sorely tempted to file a 28j post argument letter on this point. If only to make Faber and the State look like idiots by further undermining their credibility.

Sir: with all respect, maybe you could ask the counsel to file a 28j post argument. JMHO

DC-W · Apr 3, 2015

Cam & Co talk with Dave Kopel about the case!

RepublicanJD · Apr 3, 2015

Just as a clarification, within 14 days after the decision you must petition the 4th circuit for a hearing en banc. Whichever party loses will almost certainly file a petition. It is at that point that the Judges vote amongst themselves to decide whether or not to hear the case en banc.

Assuming we lose with the panel of 3 Judges, it would be a huge waste of time and money to proceed en banc. Would seem to me that MSI should skip that step and head straight to the cert petition. The state has unlimited resources and will go en banc before they try SCOTUS.

pcfixer · May 14, 2015

Any update?? 2 Weeks.... :lol2:

esqappellate · May 14, 2015

pcfixer said:
Any update?? 2 Weeks....

Check back in two months

abean4187 · May 14, 2015

pcfixer said:
Any update?? 2 Weeks....

Someone will most likely make a new thread when a decision is made. I give it about two more weeks.

BeoBill · May 14, 2015

abean4187 said:
Someone will most likely make a new thread when a decision is made. I give it about two more weeks.

Abulg1972 · Jun 9, 2015

For those sitting on the edges of their seats waiting for this opinion, you can sign up for daily e-mail alerts that list/link to the opinions released each day.

https://public.govdelivery.com/accounts/USFEDCOURTS/subscriber/new

fabsroman · Jun 10, 2015

Abulg1972 said:
For those sitting on the edges of their seats waiting for this opinion, you can sign up for daily e-mail alerts that list/link to the opinions released each day.

https://public.govdelivery.com/accounts/USFEDCOURTS/subscriber/new

Pretty sure the opinion and a link to it will be posted on here the very hour it comes down, maybe sooner. E-mail notification for this thread will work just as well since there will probably be 100 new posts in this thread within 10 minutes. E-mail should be on fire.

Kolbe v O'Malley being Appealed to CA4

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