Legality of the Handgun Roster under Bruen and Heller.

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  • coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,480
    Howard County
    Hey all,

    Just curious of your thoughts on this.

    Recently I listened to the AWB ban challenge in the 4th District Appeals Court in Richmond and they said something very interesting.

    From what I heard, all parties agreed that handguns were protected under Heller yet we have a Handgun Roster Board in MD that immediately has a defacto ban unless approved by the board.

    Wouldn't that be unconstitutional under both Heller and Bruen?

    Moreover, wouldn't the "Assault Pistol Ban" also be unconstitutional under the same agreement the state made in the oral arguments?
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,598
    SoMD / West PA
    Let's see what Bianchi gets us. The decision will be out before summer.

    The handgun roster would be low hanging fruit, if we get a favorable 4CA opinion.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,186
    Anne Arundel County
    Let's see what Bianchi gets us. The decision will be out before summer.

    The handgun roster would be low hanging fruit, if we get a favorable 4CA opinion.
    We're not going to get relief we didn't ask for. I don't remember reading that elimination of the Roster was part of Bianchi. It'll probably take a separate case, with the associated delays and expenses, to knock it out.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,598
    SoMD / West PA
    We're not going to get relief we didn't ask for. I don't remember reading that elimination of the Roster was part of Bianchi. It'll probably take a separate case, with the associated delays and expenses, to knock it out.
    I agree that it will take a second case.

    However, the arguments would be easier to make if we get a favorable decision from Bianchi in the 4CA, as that will be the new 2A precedence within the circuit.
     

    fishgutzy

    Active Member
    MDS Supporter
    Aug 25, 2022
    945
    AA County
    Every state that has a roster has a corrupt pay for play built in.
    MA's roster is even worse, though not quite as bad as CA. CA bans all new models because the mandated technology doesn't exist.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,759
    Bowie, MD
    We're not going to get relief we didn't ask for. I don't remember reading that elimination of the Roster was part of Bianchi. It'll probably take a separate case, with the associated delays and expenses, to knock it out.
    Perhaps the process could be stretched out; i.e., a suit for each of the roster's handguns. :sad20:
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,581
    Hazzard County
    For a number of years MD's roster has been a rubber stamp as long as the gun doesn't keyhole or explode during the range test and is built of something other than partially melted pennies and wheel weights, so it's more of a case of "a right delayed is a right denied." They somewhat recently even stopped listing individual model numbers and began listing only model families.

    Actually finding a gun that is rejected in the meeting minutes is rather rare, so I think we're stuck waiting for another state's roster failing at the Supreme Court.
     

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