Kolbe en banc decision

psucobra96 · Feb 21, 2017

"Shall not be infringed" is somehow confusing to members of the higher courts. Feelings in exchange for people's rights, the opening statement which has nothing to do with actual law is very troubling. I won't be giving up my rights, God gave them to us all and no man has the power to take them on earth.

Ranchero50 · Feb 21, 2017

Well, that's depressing. Going to hear tons of crap this week at work in WV. BGOS is real.

jonnyl · Feb 21, 2017

Isn't the 2A and "self-defense" about fighting. Not target shooting or hunting. It's about fighting if the need arises. How do they pretend to understand the purpose of the amendment yet jump through so many hoops to avoid a decision with integrity.

I wasn't surprised with Heller being a 5-4 decision. But really started to lose faith when McDonald supposedly with Heller as precedent was also 5-4. Really, you're going to agree the 1A which states "Congress shall pass no law...." applies to the states, but say that "...The right of the people..." doesn't....

We get a very well thought out and logical decision by Judge Legg in Wollard, then the 4th pulls the same crap as here. We've got less than 4 years to get this stuff solidified or we're doomed to be screwed by incrementalism...

Engine4 · Feb 21, 2017

Mike OTDP said:
This is why I favor a Federal preemptive act. No more playing with insolent courts.

Yep. State's rights should not go against the Bill of Rights. The feds & SCOTUS need to affirm the 2A without question.

I ain't holding my breath.....

kraftyone · Feb 21, 2017

Unbelievable ********

Sent from my iPhone using Tapatalk

Boxcab · Feb 21, 2017

We conclude ... that the banned assault weapons and large-capacity magazines are not protected by the Second Amendment. That is, we are convinced that the banned assault weapons and large-capacity magazines are among those arms that are “like” “M-16 rifles” — “weapons that are most useful in military service” — which the Heller Court singled out as being beyond the Second Amendment’s reach.

{Bolding added by moi}

So they say the 2A does not allow “weapons that are most useful in military service”. I believe that is in direct conflict with the '32 Miller decision.

And Heller said no such thing.

.

sbmike · Feb 21, 2017

teratos said:
Only if WV chooses to ban. Will their legislature pass it? Just because an opinion says they CAN be banned doesn't mean a State will ban them.

Yup. And with Herr Frosh undoubtedly seeing this as a clear mandate of the gulag inmates, the sky will be the limit as to what he foists on the law abiding gun owners in this Republik even though that is not what the duties and responsibilities of the MD AG are. Any bets he doesn't throw his whip and mace into the ring against Hogan next election? You think MD gun owners have problems now...
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whistlersmother · Feb 21, 2017

teratos said:
LEO exceptions are BS. I have spent more time with my AR's than most LEO. There are many many people here more proficient than LEO with AR's. Argument is null and void.

Come one, Doc. You know if LEO exceptions are to keep them in-line so that they'll obey their masters.

But really, who thought this was going to be a win when it went en banc?

Haides · Feb 21, 2017

But the majority’s beef is not with me—it is with the Supreme Court of the United States.

A Federal judge used the word "beef" in an opinion. Thanks for the laugh to combat the depression, Judge Traxler. You seem alright.

Mark75H · Feb 21, 2017

sbmike said:
Yup. And with Herr Frosh undoubtedly seeing this as a clear mandate of the gulag inmates, the sky will be the limit as to what he foists on the law abiding gun owners in this Republik even though that is not what the duties and responsibilities of the MD AG are. Any bets he doesn't throw his whip and mace into the ring against Hogan next election? You think MD gun owners have problems now...
.
.

The next election is a shoe in for Ho Ho Hogan; the Democrat who runs against him will be a sacrificial lamb. Pretty sure you can't run for 2 seats at once in MD, Frosh would have to give up being AG to run for Gov. I actually don't see Frosh trying to move up unless there is a vacuum. He'd be happy to be AG for the next 100 years with the power that rests there.

Schipperke · Feb 21, 2017

fightinbluhen51 said:
It's worth the shot; remember denial of cert is not denial of the case; wait a few years until Ginsey is a bit stiffer (than she already is), and maybe we have another justice in our favor. (Morbid, I'm aware; but if one has not been paying attention, there is an all out cultural / philosophical war on America ideals at all levels, from multiple fronts.).

Getting accepted is what worries me. If upheld, states will fall like dominoes..

teratos · Feb 21, 2017

whistlersmother said:
Come one, Doc. You know if LEO exceptions are to keep them in-line so that they'll obey their masters.

But really, who thought this was going to be a win when it went en banc?

Agreed. I did not think this was going to be a win. The opinion is weaker than I could have imagined, though. If they had read the majority and concurrent opinions in Heller and/or McDonald, they would not have come up with something so pathetic.

Abacab · Feb 21, 2017

Mark75H said:
The next election is a shoe in for Ho Ho Hogan; the Democrat who runs against him will be a sacrificial lamb. Pretty sure you can't run for 2 seats at once in MD, Frosh would have to give up being AG to run for Gov. I actually don't see Frosh trying to move up unless there is a vacuum. He'd be happy to be AG for the next 100 years with the power that rests there.

Are you suggesting Hogan is Santa Claus? Man I wish. Remember those day one Hogan permits? Hahahah.

Schipperke · Feb 21, 2017

Abacab said:
Are you suggesting Hogan is Santa Claus? Man I wish. Remember those day one Hogan permits? Hahahah.

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light12pdr · Feb 21, 2017

What did you expect? You knew this decision was coming, or at least you feared it. If Kolbe had prevailed, the Froshites would have appealed to the Supreme Court. I think it's a good thing to have this go up to SCOTUS. That is the only way to decide this permanently.

I am with you in that I cannot get the reasoning behind this decision. How does magazine capacity or "scary features" of a rifle make it more lethal? Where can I get grenades for a grenade launcher on a rifle?

wolfwood · Feb 21, 2017

light12pdr said:
What did you expect? You knew this decision was coming, or at least you feared it. If Kolbe had prevailed, the Froshites would have appealed to the Supreme Court. I think it's a good thing to have this go up to SCOTUS. That is the only way to decide this permanently.

I am with you in that I cannot get the reasoning behind this decision. How does magazine capacity or "scary features" of a rifle make it more lethal? Where can I get grenades for a grenade launcher on a rifle?

You can get explosive grenades with a NFA stamp. They are pretty expensive though including the stamp expect at least 500 per.

md123 · Feb 21, 2017

I don't think I can read it...just too frustrating.

trailman · Feb 21, 2017

Haides said:
So what happens if SCOTUS denies cert, or hears it and we lose?

1. Soap box
2. Ballot Box
3. Jury box
4. Repeat steps 1-3 as desired.

DECLARATION OF RIGHTS.
We, the People of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare:

Article 1. That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient.

HankR · Feb 21, 2017

SWO Daddy said:
On the bright side... Hillary Clinton could be president right now. So, we've got that going for us.

Yes, at least the adults are in charge at the federal level, for now

Mikebiker · Feb 21, 2017

Hogan has been at best a place holder until a real conservative can be elected. The democrats run the show and he sits by and watches. Maryland is a complete loss.

Kolbe en banc decision

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