ok, dumb question. Given the status of Young why file this?
Young is HI this case is CA. Might as well start things while Young is waiting.
But in both case, 9th circuit precedent would be binding, unless SCT takes a case.
What's from stopping us from doing this in MD?
Think positive! Young has a good chance, after they painted themselves in a corner with Peruta.
Yes, but its been vacated and on hold pending NYSRPA. All outcomes in the 9th are going to have to wait. If the courts react to NYSRPA and decide the original 3-judge panel in Peruta is correct, CA and HI have to allow some manner of carry (which actually seems correct to me), open carry could be off the table.
I disagree, open carry is the only thing on the table, since the 9CA en-banc panel opined that concealed carry is not part of the 2A right.
Since there are basically two forms of carry (open or concealed), also "and bear" is core to the 2A. Open carry is their only logical out.
That is, unless the 9CA wants to eliminate the "and bear" from "keep and bear arms" from the 2A.
Isnt this how IL got cc?
Court ruled OC was a right and then legislatures quickly passed cc?
What's from stopping us from doing this in MD?
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I disagree, open carry is the only thing on the table, since the 9CA en-banc panel opined that concealed carry is not part of the 2A right.
Since there are basically two forms of carry (open or concealed), also "and bear" is core to the 2A. Open carry is their only logical out.
That is, unless the 9CA wants to eliminate the "and bear" from "keep and bear arms" from the 2A.
That may be the case at the moment, however, I wonder if the NYSRPA may change everything if they rule text, history, and tradition is the proper test and not intermediate scrutiny which is what almost all these cases have in common.
Can someone provide a cliff notes explanation of the relative rankings and differences of the various levels of scrutiny?
That may be the case at the moment, however, I wonder if the NYSRPA may change everything if they rule text, history, and tradition is the proper test and not intermediate scrutiny which is what almost all these cases have in common.
Maryland's permit covers both concealed and open carry.
Optimum word there being " permit" i believe the thinking there is if you are not"shall" issue then you must allow open carry as some sort of carry should be allowed.
I could be wrong.
Nobody