Decision in Kolbe!

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Mike

    Propietario de casa, Toluca, México
    MDS Supporter
    Here is a graphic of the 9 and which president appointed them and when.

    scotus.jpg
     

    AliasNeo07

    Ultimate Member
    Feb 12, 2009
    6,561
    MD
    But as it stands now, WE won in the appeals court. Assuming CA4 passes on en banc, a 4-4 tie at SCOTUS means we still win. The only thing that changes is that if we do lose en banc then we can't win unless/until a new conservative justice replaces Scalia.

    That's true. But it wouldn't help us if they took a different case where a similar ban was upheld. Knowing that, they're more likely to take a different case than Kolbe.

    Well, how would an 8 person court decide which cases to hear?
     

    CurlyDave

    Member
    May 29, 2015
    47
    Oregon
    With the passing of Scalia, there is NO chance any MD laws ever get repealed. The appeal WILL be heard by SCOTUS and it will be upheld. I called it a year ago I said another Conservative justice will be replaced by a Liberal hack under Obama. Only the cartridge box can save this country now.

    I think you are overreacting.

    Scalia was a great man, and a wonderful Justice. However, by the time Kolbe goes through the legal process to even get close to the Supremes, we will have a new President, and hopefully a new Justice.

    Now if we get Hillary, we are not going to ever win in our lifetimes. But, if we get any Republican we will have a fighting chance, and if God calls Ginsberg home by then,we may even have a very good chance. As I understand it, her health is frail. I would love to see a conservative replace her.
     

    gungate

    NRA Patron Member
    Apr 5, 2012
    17,027
    Damascus. MD
    My point is, and any fool could see this, that if the balance of power in the SC is Liberal, ALL gun cases lose. If the balance had been Liberal for Heller, the SC would have found that gun ownership is not an individual right. Personally, I think those justices that voted against this should be charged, tried for treason, and removed from the bench. They have surely broken their oath. Conservative justices vote for the Constitution, Liberal justices vote the party line.
     

    Rhome3

    Member
    Jan 3, 2016
    37
    I'm not advocating anything, as a disclaimer. But I believe if firearms were ever outright banned there would be a significant problem for law enforcement and/or the politicians or judges who passed the law. As in, they would be shot in their homes.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,260
    Outside the Gates
    I'm not advocating anything, as a disclaimer. But I believe if firearms were ever outright banned there would be a significant problem for law enforcement and/or the politicians or judges who passed the law. As in, they would be shot in their homes.

    An outright firearms ban would lead pretty quickly to secession and/or civil war ... my theory is that's why the are already reluctant to do so.

    There will never be a 50 state firearms ban.
     

    Apd09

    Active Member
    May 30, 2013
    976
    Westminster, MD
    An outright firearms ban would lead pretty quickly to secession and/or civil war ... my theory is that's why the are already reluctant to do so.



    There will never be a 50 state firearms ban.


    Total all out ban, no. Quota system of 1 purchase per year, no more the 5 total combination of hand, rifle, shot... You never know. No more than 100 rounds per firearm.

    Any violation a federal offense.

    Might make people nervous.


    Sent from a galaxy far, far, away....
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,260
    Outside the Gates
    Total all out ban, no. Quota system of 1 purchase per year, no more the 5 total combination of hand, rifle, shot... You never know. No more than 100 rounds per firearm.

    Any violation a federal offense.

    Might make people nervous.


    Sent from a galaxy far, far, away....

    Even that won't fly in 20 states, probably 10 at most
     
    Feb 28, 2013
    28,953
    Even that won't fly in 20 states, probably 10 at most

    In that scenario, I think the states that do decide to tolerate that would eventually find a way to exert their will on the ones that won't, which in my opinion is the sort of thing that led to the LAST civil war.
     

    Wolverine

    Member
    Jul 15, 2011
    16
    That's true. But it wouldn't help us if they took a different case where a similar ban was upheld. Knowing that, they're more likely to take a different case than Kolbe.

    Well, how would an 8 person court decide which cases to hear?

    4-4 ties at SCOTUS leave the lower courts ruling unchanged but don't have any precedential value. So a 4-4 tie in a case in which a similar ban had been upheld in the circuit court would leave that ban in place in that circuit but wouldn't apply to any other circuit.
     

    Rickman

    Ultimate Member
    MDS Supporter
    Dec 31, 2012
    10,604
    Port Deposit, MD
    I see a lot of comments, mostly elsewhere, that if the R's hold up the obumber's nominee that they will suffer in the next Senate races. Most state the "elections have consequences" argument that PAA was elected twice and should get his picks. I have the same "elections have consequences" argument, however mine is that the PAA lost more seats in Congress than any previous President because in part We the People know the kinds of Justices he picks and vowed to stop anymore. America cannot accept another PAA selected Justice. Yes to Chuckie Shumer, elections have consequences and you guys do not hold the Senate for a reason. Dirty Harry is done and his rules change fiasco will hopefully come home to roost.

    I also have a real hope that this will bring Conservatives out in historic numbers knowing the importance of this next election as it concerns the Supreme Court and the survival of America as we know it.

    All that said, I have hope (and patience).
     

    fred333

    Banned
    BANNED!!!
    Dec 20, 2013
    12,340
    I see a lot of comments, mostly elsewhere, that if the R's hold up the obumber's nominee that they will suffer in the next Senate races. Most state the "elections have consequences" argument that PAA was elected twice and should get his picks. I have the same "elections have consequences" argument, however mine is that the PAA lost more seats in Congress than any previous President because in part We the People know the kinds of Justices he picks and vowed to stop anymore. America cannot accept another PAA selected Justice. Yes to Chuckie Shumer, elections have consequences and you guys do not hold the Senate for a reason. Dirty Harry is done and his rules change fiasco will hopefully come home to roost.
    I also have a real hope that this will bring Conservatives out in historic numbers knowing the importance of this next election as it concerns the Supreme Court and the survival of America as we know it.
    All that said, I have hope (and patience).

    I hope you're right and the little lambs don't allow themselves to be led back to the slaughter ring again. Remember, in the face of bad news everywhere, the voters sent PAA back to the White House to apply a second coat of stain.
     

    Rhome3

    Member
    Jan 3, 2016
    37
    I am partially just venting my frustration with the GOP lately, but I don't 100% believe they will hold the appointment until the new President. If I had to guess ( because that's what all of us are truly only doing), we have a 60% chance of it going into next year. It's going to follow with tons of bad publicity for Republicans and the media will try to "roast" Republican front runners with it. That sad thing ? *Literally* the same democrats who are nationally complaining about it are the ones who attacked Bush as he was nearing his lame duck term. The problem is that the majority of the media outlets are Democrat/Liberal/Progressive owned.

    Democrat = ABC, CBS, MSNBC, CNN. Not to mention New York Times, etc.
    Republican = Fox News...

    At the end of the day everyone in both arenas know exactly what is happening. Each party wants to appoint that justice because pushing the balance of influence in the Supreme Court is arguably more important than a Presidential election. It's parallel in important at the very least.
     

    m4strmind

    Active Member
    Nov 14, 2006
    607
    Plaintiffs - Appellants: STEPHEN V. KOLBE; ANDREW C. TURNER; WINK'S SPORTING GOODS, INCORPORATED; ATLANTIC GUNS, INCORPORATED; ASSOCIATED GUN CLUBS OF BALTIMORE, INCORPORATED; MARYLAND SHALL ISSUE, INCORPORATED; MARYLAND STATE RIFLE AND PISTOL ASSOCIATION, INCORPORATED; NATIONAL SHOOTING SPORTS FOUNDATION, INCORPORATED; MARYLAND LICENSED FIREARMS DEALERS ASSOCIATION, INCORPORATED,

    Plaintiffs: SHAWN J. TARDY; MATTHEW GODWIN,

    Defendants - Appellees: LAWRENCE J. HOGAN, JR., in his official capacity as Governor of the State of Maryland; BRIAN E. FROSH, in his official capacity as Attorney General of the State of Maryland; COLONEL WILLIAM M. PALLOZZI, in his official capacity as Secretary of the Department of State Police and Superintendent of the Maryland State Police; MARYLAND STATE POLICE

    since none of the above named are the United States or its agencies, or are US (current or former) officials/employees acting in their official capacities, the time frame is 14 days

    So we should hear something today or tomorrow? :)
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Kolbe opinion was released on the 4th. 14 days for the State to request en banc would be tomorrow I believe...

    Rule 26. Computing and Extending Time
    (a) Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time.

    (1) Period Stated in Days or a Longer Unit. When the period is stated in days or a longer unit of time:

    (A) exclude the day of the event that triggers the period;

    (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and

    (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

    The time officially started Feb 5th so they should have until the 19th (Friday) and will likely take the full amount of time.
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    275,580
    Messages
    7,287,134
    Members
    33,481
    Latest member
    navyfirefighter1981

    Latest threads

    Top Bottom