I've slowly come around to this. Like you said, they want Benitez to take all the heat and light, and while everyone is firing broadsides at Benitetz as a dangerous and irresponsible judge, they slip in their rulings in the dead of night; so they can still attend the local DC/Annapolis cocktail...
Also, it effectively limits gun shows to in-state dealers; because there's no way a out of state FFL is going to rent a table and put only ten guns onto it -- even if those guns are worth a lot (Pre '64 winchesters, etc etc)
Also, if they had released Bianchi before MSI v Hogan; then the State would have had time to fine-tune it's arguments based upon the Bianchi opinion. Waiting until after MSI v. Hogan is argued to drop Bianchi removes this option.
EDIT: I incorrectly called it Kolbe, instead of MSI v Hogan. With...
I think that one reason for Bianchi taking so long is that there's internal politics going on within the Circuit -- if they had released Bianchi before arguing MSI v. Hogan -- it would have given the State time to finetune/change it's arguments based off Bianchi being released beforehand...
I've been doing some more thinking about this case.
I think 4CA is slow rolling it deliberately.
They know they're going to have to rule in line with Bruen, lest Big Daddy Clarence ruin them as the case was specifically sent back by Big Daddy Clarence with instructions to rule correctly.
They...
Look at what CA5 just dropped in the Lautenberg Amendment case.
https://assets.nationbuilder.com/firearmspolicyfoundation/pages/3970/attachments/original/1675361904/United_States_v_Rahimi_Opinion.pdf
Closing words:
5th Circuit is saying the brutal truth here. We really want to keep...
Right now, the "magazine ban" is irritating but not critical, as it's only on TRANSFERRING them within MD, not POSSESSING them.
As others have alluded here, a pro quality case to challenge a gun law can cost easily of upwards of $5K in fees to get started, going into the $20K or more territory...
Point.
It's possible that could happen -- but you have to keep in mind that Bianchi v Frosh was scheduled on SCOTUS conferences for a very very long time -- it kept getting relisted and relisted for conference, before finally being GVR'ed post-Bruen -- surely someone on 4CA noticed that...
One of SCOTUS' jobs is to regulate the lower courts -- they don't get deep into the weeds, being very hands off.
But they can order lower courts around if necessary. "You did this wrong. Here's what you did wrong. Rule correctly this time."
We saw a glimpse of this with Bruen nuking a lot of...
I think this is all deliberate politics by 4CA.
Most of the post-Bruen decisions and laws that violate Bruen are by one of two groups of people:
A.) Politicians
or
B.) Low Ranking Judges.
By Contrast, the 4th Circuit Court is pretty much one step below Clarence Thomas; and as such...they know...
CRPA just filed a lawsuit against the CA Handgun Roster.
https://storage.courtlistener.com/recap/gov.uscourts.cacd.858747/gov.uscourts.cacd.858747.1.0.pdf