Kolbe v O'Malley Motion For Summary Judgement Filed 17 March 2014

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  • ArneJ

    Member
    Feb 16, 2012
    54
    Bel Air
    Excellent!
    Only thing that looks a bit worrisome is the statement on page 63 that "In each of those cases, however, the district court applied the incorrect type of constitutional review to the laws at issue". Hmmm, saying that court rulings from other states with similar or more restrictive gun bans was done incorrectly may be correct but might not sit so well with the court on this case.
    Just my layman's take on an otherwise excellent document.
     

    Wiley

    Active Member
    MDS Supporter
    Jul 23, 2013
    307
    Montgomery County
    Great read! All bases covered and the State's arguments appropriately bashed with cogent factual and legal argument. It will be hard to rule against. I am hopeful but realistic that things may need another round or two. Overall, a great volley
     

    Applehd

    Throbbing Member
    MDS Supporter
    Apr 26, 2012
    5,285
    Wow. I'm still a novice at reading these.......but WOW!

    Double WOW!!!... and I'm just a truck driver...:rolleyes:

    Excellent!
    Only thing that looks a bit worrisome is the statement on page 63 that "In each of those cases, however, the district court applied the incorrect type of constitutional review to the laws at issue". Hmmm, saying that court rulings from other states with similar or more restrictive gun bans was done incorrectly may be correct but might not sit so well with the court on this case.
    Just my layman's take on an otherwise excellent document.

    It doesn't seem to me that they are blasting the other court's level of scrutiny... to me, it sounded more like they were showing no matter what level of scrutiny was used, the Defendant's would still have lost their argument... JMHO... like I said... I'm just a truck driver.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,156
    I just skimmed a little and it looks like something that will be often quoted and referred to in future cases, yes there will be more cases here and elsewhere. I look forward to reading it all when I get home from coaching the junior rifle club this evening.
     

    Mr H

    Banana'd
    Even if this Court ignores both the Supreme Court’s mandate and the Fourth Circuit case law and follows the intermediate scrutiny approach

    A bit bold... but I like it!!

    Defendants and their experts have admitted that the banned firearms are possessed for lawful purposes in Maryland (Dep. of Daniel Webster, Ex. 18 at 114:15-20), such as hunting (Defendants’ Responses to Plaintiffs’ First Set of Requests for Admission, Ex. 25 at Response 7), competitive marksmanship (id. at Response 8), and self-defense

    Winner.

    I also love that they found a way to weave in not only Heller and Moore, but also Peruta (although Roe scared me for a second...)

    As illustrated above, the expert evidence before the legislature was a single paragraph presented by a single witness. The opinion letters from various law enforcement groups were conclusory and based on supposition.

    Overhand smash.

    I do wonder, though...

    This Motion takes a lot of jabs at CA4 (particularly re: Woollard)... Will that be a problem??
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    I never thought the day would come when I would sit down to read 97 pages of lawyer talk and smile all the way through it. Talk bout a kick in the 'nads to the entire MD collection of gun grabbing tyrants!!!:D

    The best part. If the MD law becomes invalidated, all the formerly regulated/banned firearms will be cash and carry!

    Like, the rest of America! No , more regulated long guns :D
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    The best part. If the MD law becomes invalidated, all the formerly regulated/banned firearms will be cash and carry!

    Like, the rest of America! No , more regulated long guns :D
    The likelihood of MSI getting a ruling or an injunction that huge is basically nil, IMHO. It's simply too easy to justify the non-ban bits as passing intermediate scrutiny. Maybe we'll get assault pistols back, but I suspect the old firearms regulation regime will be nearly impossible to get rid of.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    The likelihood of MSI getting a ruling or an injunction that huge is basically nil, IMHO. It's simply too easy to justify the non-ban bits as passing intermediate scrutiny. Maybe we'll get assault pistols back, but I suspect the old firearms regulation regime will be nearly impossible to get rid of.

    That is the beauty in SB281. They doubled down by getting rid of the regulated long gun verbiage, and banning the long guns in the list.

    Once the law is invalidated, there is nothing to fall back on.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    That is the beauty in SB281. They doubled down by getting rid of the regulated long gun verbiage, and banning the long guns in the list.

    Once the law is invalidated, there is nothing to fall back on.
    This is incorrect and I would suggest you need to read the law again. The ban bits of the law exist in addition to the regulated bits. There are still regulated long guns; they just happen to all be banned, too. If the ban language is excised, the regulated language still exists.

    http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281e.pdf
     

    Mr H

    Banana'd
    That is the beauty in SB281. They doubled down by getting rid of the regulated long gun verbiage, and banning the long guns in the list.

    Once the law is invalidated, there is nothing to fall back on.

    I tend to agree.

    "Regulated" firearms ceased to exist with FSA13

    We have Handguns, Rifles/Shotguns, and Banned.....

    If the Judge has wits, then this goes down... and hard... and the entire schema changes.

    Fingers are crossed... but this isn't a certainty.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    This is incorrect and I would suggest you need to read the law again. The ban bits of the law exist in addition to the regulated bits. There are still regulated long guns; they just happen to all be banned, too. If the ban language is excised, the regulated language still exists.

    http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281e.pdf

    Thanks. I was thinking they were overcome by the new language...

    Now, I am bummed out :sad20:
     

    EL1227

    R.I.P.
    Patriot Picket
    Nov 14, 2010
    20,274
    I never thought the day would come when I would sit down to read 97 pages of lawyer talk and smile all the way through it. Talk bout a kick in the 'nads to the entire MD collection of gun grabbing tyrants!!!:D

    Not only a kick in their nads, but also Bloomberg's nads because Dr. Daniel Webster's credibility has been called into question for his cursory reference to a non-existent expert opinion while testifying in front of the MD legislature.

    I guess donating $1.1B and having the entire School of Public Health named after you doesn't necessarily buy academic rigor and honesty. :sarcasm:
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,866
    Rockville, MD
    "Regulated" firearms ceased to exist with FSA13
    Completely false. Read the law. You simply cannot buy regulated long guns anymore. They are still very much regulated guns in the eyes of the law.

    This is why I think our gains in court will be limited even with a slam-dunk win. No judge is going to dump all of MD's firearms laws in a giant pile and watch them burn... much as I wish they would. The bans are the most egregious offenses on "keep", and they will be the most likely to be tossed (IMHO).
     

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