CITIZEN GROUPS UNITE TO CHALLENGE MARYLAND FIREARMS BAN IN THE U.S. DISTRICT COURT

[Brooklyn]

I don't understand why they didn't go after the entire "Safe Act" instead of pieces of it.

because its not good strategy. To understand why is inside baseball. The GRPC conference had a talk about this and it should be posted online soon.. check it out.

 

[Brooklyn]

Reading lawsuit now... can't really see how much counts 1-3 will survive...(IMNSHO count 2 could have been a copy/paste job from when the 20+ round mags got banned) but... count 4 is where things got interesting - that's where the vagueness of the whitelist/blacklist is attacked.

"Strict scrutiny" may be what wins it, though. The law was to prevent gun violence, and... well, if the statistics can be backed up, long guns aren't used in violence much.

I hope something good comes out of it, but I expect most of it to get thrown out, with lots of "but California does it!" thrown in with the salt just because the administration hates us.

I am assuming there will be at least one more lawsuit over HQL / handguns.

post heller .

 

[krucam]

Docket for this case, Tardy et al v. O'Malley et al in MD District:
http://ia601903.us.archive.org/13/items/gov.uscourts.mdd.254564/gov.uscourts.mdd.254564.docket.html

 

[MaraD]

Great arguments. Hoping for the best outcomes when this case is heard!!

 

[pcfixer]

Doesn't matter even if they had 100% support. Unconstitutional is still unconstitutional.

While I hope they win, I'm guessing that since this isn't an outright ban on arms, just a restriction on types, it will pass muster according to the fed courts.

ban and restriction are synonyms!!

 

[JettaRed]

ban and restriction are synonyms!!

Agreed! An SKS with a fixed magazine is NOT banned; an SKS with a removeable magazine (of any size) IS banned. The "restriction" determines if the SKS is banned.

Trying to remember: Do ARs have to be black to be banned?

 

[occbrian]

CITIZEN GROUPS UNITE TO CHALLENGE MARYLAND FIREARMS BAN IN THE U.S. DISTRICT ...

Ugh.


Sent from my fire using smoke.

 

[Blacksmith101]

Pretty good writeup in the Cecil Whig:
http://www.cecildaily.com/news/local_news/article_5ea3d6f8-8d87-51e7-a416-a4e42b1df99d.html

 

[tomh]

Pretty good writeup in the Cecil Whig:
http://www.cecildaily.com/news/local_news/article_5ea3d6f8-8d87-51e7-a416-a4e42b1df99d.html

Seems to be an excellent article in fact!

 

[Bikebreath]

Gansler says we are too late. What a tool.

http://www.washingtonpost.com/natio...ad83ca-29e0-11e3-b141-298f46539716_story.html

 

[Mark75H]

Gansler says we are too late. What a tool.

http://www.washingtonpost.com/natio...ad83ca-29e0-11e3-b141-298f46539716_story.html

Yeah, a week after the law is published is much too late /sarcasm

 

[TopShelf]

Yeah, a week after the law is published is much too late /sarcasm

Exactly. Outsourced to the MSP was writing of parts of the law. And they took their time doing it, throwing in updates to prior stuff in there that had nothing to do with this round of infringements.

 

[jaybee]

MSP MANAGEMENT is not lookin too good

feel sorry for the rank and file for putting up with this

 

[krucam]

Updated the Docket showing Tuesday's Status Report and Wednesday's Final Order setting the Feb Court date.

 

[Hopalong]

The irony here krucam is that you posted this update almost exactly two weeks after the last post.

Let the "two week" jokes commence....

 

[NY Marksman]

I don't understand why they didn't go after the entire "Safe Act" instead of pieces of it.

because there are a couple parts of the law that are not at issue. the provision on harsher sentences for crimes involving guns and a sentence multiplier for shooting first responders (firemen, ambulances, cops...). kinda hard to argue they should go. however magazine limits , feature bans... these parts we have issues with and should be removed. also makes our arguements in court much easier.

 

[jpk1md]

because there are a couple parts of the law that are not at issue. the provision on harsher sentences for crimes involving guns and a sentence multiplier for shooting first responders (firemen, ambulances, cops...). kinda hard to argue they should go. however magazine limits , feature bans... these parts we have issues with and should be removed. also makes our arguements in court much easier.

How is it harder to argue that assault against one group of people is more of a crime than assault against other citizens?

Assault is assault

Murder is murder

doesn't matter who the victim was.

This is an easy argument to make

 

[jhcrab]

Whatever happened to this lawsuit ? Are there any others pending ?

 

[MDFF2008]

It's ongoing. This is probally the latest update:

http://watchdogwire.com/maryland/20...e-commander-not-to-answer-gun-bill-questions/

http://delegatemike.com/smoking-gun...-unconstitutional-political-ploy-by-governor/

 

[dblas]

It's ongoing. This is probally the latest update:

http://watchdogwire.com/maryland/20...e-commander-not-to-answer-gun-bill-questions/

http://delegatemike.com/smoking-gun...-unconstitutional-political-ploy-by-governor/

Latest updates have been posted here: http://www.mdshooters.com/showthread.php?t=148158&highlight=kolbe

Hearing date for all of the motions has been set for July 22.