Kolbe en banc decision

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  • lazarus

    Ultimate Member
    Jun 23, 2015
    13,678
    SCOTUS doesn't only take cases where there is a split. It will take a case where the law is just flat out wrong. In essence, it will take an appeal case where the lower courts are continually misapplying precedent from SCOTUS cases, like Heller.



    http://www.uscourts.gov/about-feder...ational-outreach/activity-resources/supreme-1

    As far as I am concerned, the 4th Circuit misapplied Heller and ignored the facts in the case.

    A late reply to you...absolutely they misapplied it. However I'd be much more confident of the outcome if Kennedy were retired when SCOTUS heard the case. Gorsuch seems like he may be a staunch 2A defender, but not much in the way examples from him yet.
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    I think it would have been nice to include a few more specifics. The name Bushmaster comes to mind. Total ban. How the hell can they ban a Manufacture? M1A... as well. Otherwise I liked it.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    1. Cert Petition Filed in Kolbe!
    We have an update on the Kolbe (Assault Weapons Ban) lawsuit. As of today, we have filed a Cert Petition to the Supreme Court! Click here to read it!

    https://www.marylandshallissue.org/jmain/documents/public/35-kolbe-petition-for-certiorari-pdf

    Does Kolbe and MSI want to lose? There was a good chance that SCOTUS would have taken the case because it conflicted with Heller and Miller. The way they framed the issues turns the case into a dispute over common use and how you look at the data. Both the district court and the 4th circuit (en banc) found the lack of readily identifiable self defense uses compelling enough to dismiss the common use argument. I guarantee the state will bring this up in their reply brief. This is what makes the case very weak.

    One of the things that the 4th circuit ignored in Heller was the fact that small arms are protected. The firearms in question are small arms so they are protected. The only time the words "small arms" occurs in the en banc decision is in the quote of the paragraph that contains the "M-16 rifles and the like" Neither the opinion nor the dissent actually talk about small arms. It is especially egregious when the 4th circuit tries to paraphrase the part about tanks and bombers and ignores the part about small arms. The state cannot dispute this.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    I think it would have been nice to include a few more specifics. The name Bushmaster comes to mind. Total ban. How the hell can they ban a Manufacture? M1A... as well. Otherwise I liked it.

    As has been mentioned before (yes, I know this has been a 4 year process), only those items argued in the original suite at the Federal District Court level, can be argued at upper levels (i.e. 4th Circuit and SCOTUS).
     

    W2D

    Ultimate Member
    Dec 2, 2015
    2,074
    Escaped MD for FL
    These cases are always interesting reading. As I'm reading it, I'm thinking, how can any rational person disagree with this? Then I'll read the government submission, and it won't make any logical sense.
     

    GBMaryland

    Active Member
    Feb 23, 2008
    954
    MoCo
    I'm sorta of agreeing with the M-16 vs "small arms" aspect someone mentioned above. However, I can see that if you are supposing the most popular firearm of the type is the AR-15 style rifle to make your argument, you need to actually use the statistically most popular firearm by name.

    Edit: Read page 17...
     

    ant92083

    Lord Of Summer
    Jul 15, 2016
    61
    MD
    IANAL but I like the petition. The 7th and 4th are at odds with the "in common use" test, which is a clear split. If SCOTUS personnel goes through another change we might have this dead nuts in our favor.
     

    Decoy

    Ultimate Member
    MDS Supporter
    Mar 2, 2007
    4,926
    Dystopia
    Supreme Court's next big gun control case could be Maryland's 2013 Firearm Safety Act

    Yay, we made national news :rolleyes:

    Link
     

    rob-cubed

    In need of moderation
    Sep 24, 2009
    5,387
    Holding the line in Baltimore
    I can only hope they take it up, and rule in our favor. But I would bet good money they kick it back to lower courts.

    Heller was a rare--and very closely won--case. Historically they have stayed well away from ruling on 2A issues.

    I'm not sure this is entirely a bad thing. While this is one of the rare cases where I'd like to see Fed intervention over states rights, if it didn't go our way that would forever codify any state's ability to infringe on 2A. That would empower the gun grabbers to reach for more.
     

    yakfish

    Banned
    BANNED!!!
    Jan 27, 2017
    240
    Yeah, I almost wish it didn't get taken up. MD is a lost cause. But I'm not going to live here forever, and when I'm somewhere else, I'd hate to think our state allowed MD laws to be forced on everyone else.
     

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