Kolbe Update 11/13/2014: Amicus Briefs

[OrbitalEllipses]

They're awesome. They're also ignored greatly by the MSM.

That's because they don't fit the narrative.

 

[nedsurf]

The LELDF brief is really good. Sad though that facts are not usually a barrier to an opinion.

Agreed. That is a well written brief. Hopefully it will get more than a skim read from the appellate judge(s).

 

[Mr H]

In the AGs' brief, these jumped out at me...

The law at issue in this appeal is quite different. It outright restricts the ability
of Maryland residents to possess an entire class of weapons for any purpose—
including for the core purpose of self-defense in their homes.

Absent any reliable evidence that its ban on semi-automatic rifles and
standard capacity magazines promotes public safety and law enforcement,
Maryland’s defense of the law is little more than an assertion that the ban “has the
potential to prevent and limit shooting injuries in the state over the long-run.”
Doc. 44-7 at 23. But that is the type of naked speculation against which this Court
has specifically warned. Without more, Maryland’s ban simply does not pass
constitutional muster.

 

[krucam]

I also thought the AG brief was very well presented. Great arguments that augment the original complaint.

 

[6pack]

In the AGs' brief, these jumped out at me...

Quote:
The law at issue in this appeal is quite different. It outright restricts the ability
of Maryland residents to possess an entire class of weapons for any purpose—
including for the core purpose of self-defense in their homes.
Quote:
Absent any reliable evidence that its ban on semi-automatic rifles and
standard capacity magazines promotes public safety and law enforcement,
Maryland’s defense of the law is little more than an assertion that the ban “has the
potential to prevent and limit shooting injuries in the state over the long-run.”
Doc. 44-7 at 23. But that is the type of naked speculation against which this Court
has specifically warned. Without more, Maryland’s ban simply does not pass
constitutional muster.

 

[Abulg1972]

"Amici wish to dispel the misleading and insulting caricature that supporters of Second Amendment rights are either tobacco-chewing, gap-toothed, camouflage-wearing rednecks or militia posers who are morbidly fascinated with firepower".

My good friend is the author of that fine line. I will now give him a good ribbing.


Andy

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[ma_deuce]

My good friend is the author of that fine line. I will now give him a good ribbing.

That's a wonderful line, and goes to the heart of how the liberal elites view gun ownership. They have to demonize gun owners in order to strike fear into the hearts of the sheeple and justify their elitist disarming of the law-abiding.

 

[fightinbluhen51]

Interesting that the Pink Pistol group brings not only LGBT into the argument, but people or color, women and even disabled persons. They may have one of the more compelling arguments .....

"Amici wish to dispel the misleading and insulting caricature that supporters of Second Amendment rights are either tobacco-chewing, gap-toothed, camouflage-wearing rednecks or militia posers who are morbidly fascinated with firepower".

"Today, blacks, women, the disabled, and the LGBT community are the face of
the Second Amendment right to bear arms in self-defense".

Agreed that the more the merrier.

While a very hetrosexual person, that line makes me want to join another gun group.
http://www.pinkpistols.org/

Looks like there is NOT currently a chapter in MD.

ETA: I have been seeing the PP's become more active in a lot of ways. More specifically they have been featured by alternative media as "options" for gun rights supporters whom may not fit in with the elephant in the room. More voices is better than less. Always.

 

[Mr H]

This suit has nothing to do with the HQL.

This is the "banned items" action.

 

[thomfantomas]

oops but hql will still be obsolete to me if granted!

 

[nedsurf]

Fox 45 just covered that 21 other state AGs submitted amicus briefs. They give a nod to the power of these efforts and that it helps it go to the highest court.

 

[daNattyFatty]

Weren't oral arguments set for yesterday? Has anyone been in attendance?

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[dblas]

Weren't oral arguments set for yesterday? Has anyone been in attendance?

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Oral arguments have not been scheduled yet, that I am aware of.

 

[Inigoes]

Yesterday was arguments for Fyock v. Sunnyvale in the CA9. Audio is available In that thread.

 

[annihilation-time]

Fox 45 just covered that 21 other state AGs submitted amicus briefs. They give a nod to the power of these efforts and that it helps it go to the highest court.

It was also reported several times on WBAL radio.

 

[stu929]

And here I thought most states hated Md....

They still do but at least they are supporting us!

 

[DC-W]

And here I thought most states hated Md....

They still do but at least they are supporting us!

A ruling against us in the 4th directly affects states in the court's jurisdiction. This case will have a wide reaching impact regardless of outcome.

 

[abean4187]

After Woollard I really have no faith in the 4th’s decision making capability when it comes to understand the constitution. It doesn’t matter how much overwhelming evidence we have if the court has already made up their mind on this issue.

 

[thomfantomas]

hey now aside of all the negative outcomes which left us a huge burden on our part;there is light at the end of the Tunnel.the prime example is Larry Hogan we had our doubts but for once We made our first baby step! i'm more than positive this will rule in our favor

 

[Patrick]

You know what would be very interesting?

If Hogan, as Maryland's governor-elect, filed or signed onto an amicus brief against FSA2013.

But that would be wishful thinking...I'm sure he's not in a political position to do that right now.


...

The deadline for Amici to file has already expired. Hogan won't be Governor until January. Until then he's technically no more useful to the court than you or I.

Timing.