4th Circuit decision in Kolbe on AWB

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  • milwriter

    Member
    Oct 21, 2013
    18
    Bethesda
    Amazing Decision

    Read it...I'm halfway through and it's extraordinary how the judges take to task prior courts' reasoning.

    1.) ARs are commonly possessed and therefore subject to strict scrutiny.
    2.) Other courts made up a reasoning that ARs are "unusually dangerous"
    3.) Heller affirms without a doubt that you can't ban entire categories of commonly possessed weapons.
    4.) One of many great quotes "under the Seventh Circuit’s view, a significant restriction on a fundamental right might be justified by benefits that are quite literally imagined into existence."

    ...still reading and loving it...
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Is that creaking and cracking sound I hear a circuit SPLIT?

    It is.......for now. But I have to say we're not out of the woods by far. CA4 is not our friend and liberal judges WILL vote for en banc.

    On the flip side, I think we may have 2 splits. There's the split with Friedman (intermediate v. strict scrutiny w/AWB) and the retired LEO exception that we lost on here actually splits with CA9's Silviera case provided that part of the opinion hasn't been overturned.
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    33,876
    Read it...I'm halfway through and it's extraordinary how the judges take to task prior courts' reasoning.

    1.) ARs are commonly possessed and therefore subject to strict scrutiny.
    2.) Other courts made up a reasoning that ARs are "unusually dangerous"
    3.) Heller affirms without a doubt that you can't ban entire categories of commonly possessed weapons.
    4.) One of many great quotes "under the Seventh Circuit’s view, a significant restriction on a fundamental right might be justified by benefits that are quite literally imagined into existence."

    ...still reading and loving it...

    I think this is exactly how MD politicians and the Left think. Someone posits a theory, they talk it up among themselves, and it becomes fact. It's the faculty lounge take on life and reality.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    :innocent0

    :innocent0 Especially since Chief Judge Traxler was appointed by a Democrat (Pres. Clinton).

    https://en.wikipedia.org/wiki/William_Byrd_Traxler,_Jr.

    Traxler was nominated to the federal bench by President George H.W. Bush in 1991, to a seat on the United States District Court for the District of South Carolina vacated by Clyde H. Hamilton. He was confirmed by the United States Senate on February 27, 1992, and received his commission on March 2, 1992.https://en.wikipedia.org/wiki/William_Byrd_Traxler,_Jr.#cite_note-fjc.gov-1
    On July 10, 1998, President Bill Clinton nominated Traxler to the Fourth Circuit to replace Judge Donald Stuart Russell, who had died on February 22, 1998. The Senate confirmed Traxler on voice vote on September 28, 1998.[1]
    On the retirement of Chief Judge Karen Williams in July 2009, Traxler became the Chief Judge of the circuit. While continuing to serve as Chief Judge, Traxler joined the Charleston School of Law as a distinguished visiting professor of law in 2009.https://en.wikipedia.org/wiki/William_Byrd_Traxler,_Jr.#cite_note-2
    In February 2013, Chief Justice John Roberts named Traxler the chair of the executive committee of the Judicial Conference of the United States.https://en.wikipedia.org/wiki/William_Byrd_Traxler,_Jr.#cite_note-3
     

    JC92

    Active Member
    Aug 1, 2012
    104
    MD
    Does the Governor have the authority to direct the AG to not appeal the decision?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Frosh will take this to SCOTUS. He loves this bill.

    I hope in the end he is the guy who brings down the gun control movement.
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    I think this is the gun control case Justice Roberts has been keeping his powder dry for.

    I see a YUGE win if it goes to SCOTUS.
     

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