Decision in Kolbe!
- Thread starter esqappellate
- Start date
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thomfantomas
Crna Ovca
possibly hope for us maryland gun owners
Mr H
Banana'd
RoadDawg
Nos nostraque Deo
- Dec 6, 2010
- 94,419
Why would the HQL not be considered a "suspect classification" issue, as noted above?
The fees to apply and qualify for the HQL are frankly an obvious financial hardship for those at or below the poverty level. Poverty level citizens are unfairly placed into a position where paying for the HQL takes away the funds which may have been used to purchase the means of self defense.
mxrider
Former MSI Treasurer
Couple of points to be made here:
1. Case sent back down to be reviewed using Strict Scrutiny
2. Strict Scrutiny to be used by all states that fall under the 4th Circuit. Has no immediate bearing on states outside of the 4th
3. Applies to both the AWB and Magazine restrictions
4. Upon reconsideration, the state (which will likely lose under SS IMO) may appeal to the 4th and then en banc review at the 4th.
5. Could have implications on a suit against the HQL
I think that brings everything up to date
Someone correct me if I'm wrong on anything here as IANAL
1. Case sent back down to be reviewed using Strict Scrutiny
2. Strict Scrutiny to be used by all states that fall under the 4th Circuit. Has no immediate bearing on states outside of the 4th
3. Applies to both the AWB and Magazine restrictions
4. Upon reconsideration, the state (which will likely lose under SS IMO) may appeal to the 4th and then en banc review at the 4th.
5. Could have implications on a suit against the HQL
I think that brings everything up to date
Someone correct me if I'm wrong on anything here as IANAL
CrazySanMan
2013'er
Frosh is basically saying he will continue to trample your civil rights and wastefully spend your tax dollars.
Hopalong
Man of Many Nicknames
I was one of the guests. My browser had logged me out....
Also, this is amazing news. This ruling doesn't change anything for us now and the law still stands, but the 4th pretty clearly laid out how strict scrutiny applies to the 2nd Amendment, and that is precedent for all future Maryland cases. In my head, the thing we've been lacking most of all is a clear, solid framework based on good jurisprudence that says exactly what is covered under the 2nd Amendment and what isn't. This ruling provides that framework. If this case goes national via SCOTUS and this kind of framework gets applied to all 50 states...we win. Not just this case...but everything.
I now see this as the 2A case to watch now because of how the 4th worded their ruling and set out their "Does 2A apply?" test. But IANAL, so...yeah....
Mr H
Banana'd
Oh, I don't disagree! I did a lot of the initial analysis of the poverty angle, and it was some scary shit.
But for purposes of the suit, HQL was left out of the challenge so as to more directly focus on 'banned items'.
I'll post after I read tonight, but I think the rationale of the majority may just help in the HQL suit as well.
Any doubts?
Yeah,
He's bluffing!
As a typical democrat politician, they will say anything to keep us little people in check. He is scared to go to the SCOTUS! Because the name Brian Frosh will be the guy who set back in the anti-gun agenda by 30 years.
No he's not. Remember, any publicity is good publicity, even if he would lose.
Hopalong
Man of Many Nicknames
Right, the HQL was the subject of the other pending lawsuit. A very prudent, albeit expensive, move.
danb
dont be a dumbass
I was going to say this, but not with 250 guests. SS inside the home will be a big help for HQL.
Then tell him to put up or shut up!
It only takes a 1 page letter to file a notice of appeal
From p22
Likewise, the record in this case shows unequivocally that LCMs are commonly kept by American citizens, as there are more than 75 million such magazines in circulation in the United States. In fact, these magazines are so common that they are standard. “[O]n a nationwide basis most pistols are manufactured with magazines holding ten to 17 rounds.” J.A. 2122. Even more than 20 years ago, “fully 18 percent of all firearms owned by civilians . . . were equipped with magazines holding more than ten rounds.” Heller II, 670 F.3d at 1261. Virtually every federal court to have addressed this question has concluded that “magazines having a capacity to accept more than ten rounds are in common use.” Fyock v. City of Sunnyvale, 25 F. Supp. 3d 1267, 1275 (N.D. Cal. 2014) (noting such magazines comprise “approximately 47 percent of all magazines owned” and number “in the tens-of-millions, even under the most conservative estimates” (internal quotation marks omitted), aff’d, 779 F.3d 991, 998 (9th Cir. 2015)
p23
In addition, we reject the State’s argument that the Second Amendment does not apply to detachable magazines because magazines are not firearms—that is, detachable magazines do not constitute “bearable” arms that are expressly protected by the Second Amendment. See U.S. Const. amend. II. By Maryland’s logic, the government can circumvent Heller, which established that the State cannot ban handguns kept in the home for self-defense, simply by prohibiting possession of individual components of a handgun, such as the firing pin. But of course, without the ability to actually fire a gun, citizens cannot effectively exercise the right to bear arms.
Right. I haven't read them this time, but check out all the people on Frosh's Facebook who agree with him.
If he were to lose at SCOTUS on his own appeal, it would kill every single AWB and mag cap limit in the country. No way whatsoever it gets to that point. The district is now looking like a lock. If we can win the following appeal (or it gets denied), he will do everything in his power to drop the case or get the law repealed. No way does he want his legacy to be "the guy who ended gun control everywhere".
I can't do that. Ran out of my BP meds. lol
Boondock Saint
Ultimate Member
- Nov 14, 2010
- 20,274
It ain’t over yet, but with a change in Governorship and Frosh needing to defend it after his buddy and FSA 2013 progenitor Martin Owe’Malley’s less-than-1% showing in Iowa, there is probably little political support to move forward in throwing good MD taxpayer money after bad defending an unconstitutional law ... JMHO, However ...
Frosh might attempt to save face after promoting MD's guns laws as a model to his fellow AGs, not to mention Spinny Vinnie, who is probably downing Malox by the quart right about now, planning on a state wide media tour trying to sway the court.
mxrider
Former MSI Treasurer
Then tell him to put up or shut up!
It only takes a 1 page letter to file a notice of appeal
There isn't anything to appeal, just yet.
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