Hopefully SCOTUS takes it!
http://www.foxnews.com/politics/201...case-post-newtown-laws-face-new-scrutiny.html
http://www.foxnews.com/politics/201...case-post-newtown-laws-face-new-scrutiny.html
When Maryland appealed the decision to the full appeals court, a 10-4 majority determined, “[W]e have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage.”
I haven't been as tuned in as I was a couple years ago, but this struck me:
So... CA4 basically PUNTED?
“Some general knowledge of firearms is important to the public welfare; because it would be impossible, in case of war, to organize promptly an efficient force of volunteers unless the people had some familiarity with weapons of war. The Constitution secures the right of the people to keep and bear arms. No doubt, a citizen who keeps a gun or pistol under judicious precautions, practices in safe places the use of it, and in due time teaches his sons to do the same, exercises his individual right. No doubt, a person whose residence or duties involve peculiar peril may keep a pistol for prudent self-defence.” B. Abbott, Judge and Jury: A Popular Explanation of the Leading Topics in the Law of the Land 333 (1880) (hereinafter Abbott).
But if you listen closely, you can hear Neil Gorsuch’s music. The Fourth Circuit has ruled, and a deadlocked Supreme Court can’t stop them. The four justices who dissented in Heller are likely to adopt King’s limitations on the ruling. The four justices left alive who supported Heller are likely to agree with Traxler’s dissent.
Andrew Turner suffers from partial paralysis in his dominant hand, the legacy of an injury to his right arm while on active duty in the Navy – which is why, according to court papers, the Maryland resident needs a semiautomatic gun to defend himself.
The state’s 2013 Firearm Safety Act, however, bars the sale of semiautomatic rifles like the popular AR-15 and AK-47, and sets a 10-round limit on magazines. The law could be at the center of the next big precedent-setting gun case if the Supreme Court takes up a challenge from Turner and others.
But Turner, of Hyattsville, and lead plaintiff Stephen Kolbe of Towson, Md., along with gun stores and gun-rights groups, are suing to overturn the Maryland law. They are specifically disputing a lower court ruling that said the Second Amendment doesn’t apply to these guns.
“Maryland has banned the most popular semiautomatic rifles and magazines—arms that are indisputably in common use for self-defense—from the homes of its law-abiding citizens,” the plaintiffs’ petition said.
Maryland Attorney General Brian Frosh’s office declined to weigh in on whether the Supreme Court would accept the case. “The court has not even decided to take the case at this point and our office does not want to get into speculation on consequences, particularly since this is ongoing litigation,” Frosh spokeswoman Raquel Coombs told Fox News in an email.
After the 4th Circuit upheld the law in February, Frosh heralded the ruling.
“It is unthinkable that these weapons of war, weapons that caused the carnage in Newtown and in other communities across the country, would be protected by the Second Amendment,” Frosh said in a February statement.
I too would much rather wait until the SC is more aligned in our favor.