Decision in Kolbe!

[mxrider]

Rule 26. Computing and Extending Time
(a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.

(1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:

(A) exclude the day of the event that triggers the period;

(B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

(C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

The time officially started Feb 5th so they should have until the 19th (Friday) and will likely take the full amount of time.

With time beginning on the 5th, today would be the 14th day. I guess they have a few hours left...

 

[jcutonilli]

With time beginning on the 5th, today would be the 14th day. I guess they have a few hours left...

They appear to have filed it around 7 pm. The en banc petition is attached

 

[psucobra96]

They appear to have filed it around 7 pm. The en banc petition is attached

I find it interesting that they want to single out the AR-15 as a copy of the M-16 that does not belong in citizens hands yet ignores the dozens of other weapons that were banned. They also failed to make any real point concerning magazine size.

 

[lennyk]

I read the petition. Rehash of the same. How can they ignore the fact that the AR15 is in common use? Isn't that the crux of the matter?

 

[psucobra96]

I read the petition. Rehash of the same. How can they ignore the fact that the AR15 is in common use? Isn't that the crux of the matter?

I believe there claim is that AR's are only 3% of the guns out there and held by only 1% of the population. I wanna know where that figure came from. This site alone would bust those facts.

 

[teratos]

I find it interesting that they want to single out the AR-15 as a copy of the M-16 that does not belong in citizens hands yet ignores the dozens of other weapons that were banned. They also failed to make any real point concerning magazine size.

Because they really can't do any of those things and apply strict scrutiny. If that's the best they can come up with, I'm pretty excited about our chances.

 

[Apd09]

They appear to have filed it around 7 pm. The en banc petition is attached

Is anyone else having a problem with the attachment not appearing?


Sent from a galaxy far, far, away....

 

[Elliotte]

I believe there claim is that AR's are only 3% of the guns out there and held by only 1% of the population. I wanna know where that figure came from. This site alone would bust those facts.

3%? Maybe they have been reading this site

 

[Campfire]

Is anyone else having a problem with the attachment not appearing?


Sent from a galaxy far, far, away....

+1

On Tapatalk I only can see/open a fraction of attachments. I have to switch to web view and login to download.


Sent from my iPhone using Tapatalk

 

[raif10]

Can someone explain this like I'm 5? I'm so far from being a lawyer that it makes a noise.

Off to throw more money at MSI...

 

[Mr H]

"Everyone else is wrong, and black guns are too killy, so only bad people have them."

 

[pcfixer]

Does the term common use as a must of percent or numbers purchased?
AR's have been sold for over 40 years.

http://www.theguardian.com/news/datablog/2012/dec/17/how-many-ar15-rifles-sold

by the chart here is 256,000 AR's sold by manufactures in 2010 alone.
I do not see how the courts say these firearms are not in common use!!!

 

[daggo66]

I find it interesting that they want to single out the AR-15 as a copy of the M-16 that does not belong in citizens hands yet ignores the dozens of other weapons that were banned. They also failed to make any real point concerning magazine size.

I could be mistaken, but isn't the M16 technically a copy of the AR15? I thought the semi auto version was first and then it was developed for the military.

 

[Bourbonstamps]

After considering
precedent of the Supreme Court and this Court, the district court found that
“intermediate scrutiny is appropriate for assessing the constitutionality of
Maryland’s ban because it does not seriously impact a person’s ability to defend
himself in the home, the Second Amendment’s core protection.

Apparently Frosh has found the term "home defense" written in the 2A

 

[Dingo3]

Apparently Frosh has found the term "home defense" written in the 2A

Perhaps he was using the x-ray spex that he ordered from an issue of Boys Life? Looking at his record (and creepy pedostach), that's the only possible conclusion.

 

[frogman68]

I believe there claim is that AR's are only 3% of the guns out there and held by only 1% of the population. I wanna know where that figure came from. This site alone would bust those facts.

What happened to the 4th saying more AR's sold than Ford F150 pickups ?

 

[fred333]

Because they really can't do any of those things and apply strict scrutiny. If that's the best they can come up with, I'm pretty excited about our chances.

They'll just do what they always do: find another [unrelated] legal precedent to use as a rationalization and find someone willing to run with it. Any questions? See Roe v Wade, Roberts' rationale for Obamacare and any number of other upside-down rulings that defy logic, reason and constitutional law.
Hope for the best, but I wouldn't get excited until/unless reason has prevailed (note: past-tense).

 

[fred333]

Can someone explain this like I'm 5? I'm so far from being a lawyer that it makes a noise.
Off to throw more money at MSI...

This explains it

 

[raif10]

This explains it

Thanks, but I don't have sufficient permissions. I should probably lurk less and post more...

 

[pcfixer]

This explains it

This is a great explaination. Thread was closed!!!

"Upon review of all the parties’ evidence, the court seriously doubts that the banned assault long guns are commonly possessed for lawful purposes, particularly self-defense in the home, which is at the core of the Second Amendment right, and is inclined to find the weapons fall outside Second Amendment protection as dangerous and unusual."

Now, let's examine the salient portion of Miller:

"The significance attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. ‘A body of citizens enrolled for military discipline.’ And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time."

And Heller:

"Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons"