Kolbe en banc decision

[ShafTed]

Not Kolbe, HQL: https://www.mdshooters.com/showthread.php?t=200121&page=8

 

[lennyk]

OK...so now SCOTUS lists Kolbe as 17-127. Does that mean they will hear the case?? Apologies for being legally illiterate.

 

[Inigoes]

OK...so now SCOTUS lists Kolbe as 17-127. Does that mean they will hear the case?? Apologies for being legally illiterate.

No, it's just a docket number that is used to keep track of the all the court cases

 

[motorcoachdoug]

We will not know until they come back again in Oct if they will take the case or not. Its called granting cert or deny cert. You can use those numbers to keep track of the case to see if they grant cert or not..

 

[JosERW]

I can only hope they take it up, and rule in our favor. But I would bet good money they kick it back to lower courts.

Heller was a rare--and very closely won--case. Historically they have stayed well away from ruling on 2A issues.

I'm not sure this is entirely a bad thing. While this is one of the rare cases where I'd like to see Fed intervention over states rights, if it didn't go our way that would forever codify any state's ability to infringe on 2A. That would empower the gun grabbers to reach for more.

What do you mean by "kicking it back to the lower courts?" I mean if they kicked it back and told them to use strict scrutiny that would be a win for us except when they ruled in our favor it would provide yet another split resulting in the need for SCOTUS to rule again.

 

[jcutonilli]

Apparently they give everyone a two month extension. The state's response is not due until 10 October

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-127.html

 

[DC-W]

Apparently they give everyone a two month extension. The state's response is not due until 10 October

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-127.html

No surprise. Thanks for sharing.

 

[motorcoachdoug]

Apparently they give everyone a two month extension. The state's response is not due until 10 October

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17-127.html

I am not surprised at all. This way the court will be back in session as well. Mabe they want to see which way the winds are blowing at SCOTUS..

 

[rob-cubed]

What do you mean by "kicking it back to the lower courts?" I mean if they kicked it back and told them to use strict scrutiny that would be a win for us except when they ruled in our favor it would provide yet another split resulting in the need for SCOTUS to rule again.

Deny cert and allow the ruling of the lower courts stand with no further action. I would bet good money they will punt this given the use of intermediate scrutiny in other courts with similar cases.

I'm still hoping. But I'd be happier if Trump got to replace one more justice before a case like this was heard.

 

[esqappellate]

Amicus brief of the sheriffs and Cato and SAF in support of the petition for cert. Definitely worth a read.

 

[motorcoachdoug]

A VERY VERY Interesting read indeed!. Hopefully it will help when the court is in committee looking cases over. Of course it has to get thru the cert pool as well.

 

[JPG]

posse comitatus

Even law-enforcement officers, who spend far more time training than most citizens, hit their assailants at only a rate of about 20 to 40 percent

Not all multi-shot firearms in the Founding Era were repeaters. The most common alternative was the Blunderbuss pistol.

 

[swinokur]

From SAF

SAF JOINS AMICUS BRIEF ASKING HIGH COURT REVIEW OF MARYLAND CASE​

BELLEVUE, WA – The Second Amendment Foundation has joined in an amicus brief in support of a case that challenges a Maryland gun control law and the federal court ruling that upholds the law by essentially distorting the meaning and intent of the 2008 Heller Ruling that defined the Second Amendment as protective of an individual right to keep and bear arms in common use.
The case is known as Kolbe v. Hogan. SAF has joined the Cato Institute, Independence Institute and National Sheriffs’ Association in filing the brief, asking that the Supreme Court of the United States take the case for review when it returns in October.
“Our interest in this case is guided by the belief that government cannot prohibit whole classes of firearms, including semiautomatic sport-utility rifles, that are in common use by private citizens and civilian law enforcement,” explained SAF founder and Executive Vice President Alan M. Gottlieb. ‘But in Maryland, they want to do exactly that. It’s almost as if they either don’t understand Heller, but are deliberately ignoring what was explained clearly by the late Justice Antonin Scalia.”
As the brief explains, “Maryland’s firearm and ammunition restrictions stem from a misunderstanding of firearms that are in common use by citizens and law enforcement agencies. Most sheriffs and deputies carry semi-automatic handguns with magazines larger than 10 rounds that are banned in Maryland; many patrol vehicles carry a rifle that is banned in Maryland. Classifying typical sheriffs’ arms as ‘weapons of war’ alienates the public from law enforcement. Among the many harmful consequences: when a deputy uses deadly force, people will say that he or she used a military weapon. This is inflammatory, and false.”
“This is just one of several Second Amendment questions we believe the high court needs to address,” Gottlieb said. “There is also the question of bearing arms outside the home for personal protection. These constitutional issues must be addressed, and we’d rather it be sooner than later.”

The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

 

[ironpony]

Sport-Utility Rifle, first I have heard of this one. I'm curious how the courts classify things, how many firearms classifications are there? Evil black and everything else. I don't believe there is an actual "Weapon of War" that the average citizen can purchase/afford, especially here (no NATO 10 rnd limit). I guess we will wait and see how SCOTUS feels this term.
No need to answer these, fingers crossed.

 

[ironpony]

Sport-Utility Rifle, first I have heard of this one. I'm curious how the courts classify things, how many firearms classifications are there? Evil black and everything else. I don't believe there is an actual "Weapon of War" that the average citizen can purchase/afford, especially here (no NATO 10 rnd limit). I guess we will wait and see how SCOTUS feels this term.
No need to answer these, fingers crossed.

 

[Gryphon]

Amicus brief of the sheriffs and Cato and SAF in support of the petition for cert. Definitely worth a read.

Concise, easy to read and easy to follow.

 

[GTOGUNNER]

Nicely written amicus curiae brief. To the point as should be and easy to read for us laymen.

 

[SDA]

Nicely written amicus curiae brief. To the point as should be and easy to read for us laymen.

Yup, easy to read...but difficult to understand by liberal politicians.

 

[Mark75H]

Yup, easy to read...but difficult to understand by liberal politicians.

They understand it well, they just want to keep their heads in the sand

 

[Inigoes]

Has anyone brought up in argument that a MD HQL can not be used to purchase a handgun by itself?

Maryland intentionally made is harder to purchase a handgun, because the ID card by itself doesn't pass the Brady act.