Kolbe en banc decision

[CrazySanMan]

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

Before reading that I hadn't heard of the Colorado Rangers. Now I have an application submitted to join them.

 

[esqappellate]

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.

Yes, in the HQL suit. Not directly relevant in the Kolbe litigation.

 

[Inigoes]

Yes, in the HQL suit. Not directly relevant in the Kolbe litigation.

Apologies, I am getting the 2 cases mixed up.

thank you

 

[EL1227]

NSSF reports ...

21 State Attorneys General Defend Second Amendment Rights in Kolbe v. Hogan Case
AGs Argue 4th Circuit Ban on Modern Sporting Rifles Unconstitutional

Joining West Virginia’s effort are the attorneys general from Alabama, Arkansas, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, Nevada, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Wisconsin and Wyoming.

Frosh, are you paying attention ?

 

[rob-cubed]

Completely off-topic but who is the Mack Daddy in that purple priest getup?

 

[wolfwood]

this is by far the best amicus brief by Edwin Viera

http://www.scotusblog.com/wp-content/uploads/2017/08/17-27-cert-tsac-edwin-vieira.pdf

 

[fidelity]

this is by far the best amicus brief by Edwin Viera

http://www.scotusblog.com/wp-content/uploads/2017/08/17-27-cert-tsac-edwin-vieira.pdf

I don't have a sense of what's typically put forward in these briefs, but Viera went (in part) with the argument that the citizenry must have adequate arms to resist and potentially overthrow a tyrannical government. Kudos for not mincing words, but I wonder (if not previously confronted with this argument) how the SC justices will react. Perhaps it carries less impact as an amicus brief.

Sent from my Pixel XL using Tapatalk

 

[motorcoachdoug]

I found it to be very interesting to read. That being said, will it make it thru the cert pool staffers and the judges see it?? that is the question ....

 

[Inigoes]

I don't have a sense of what's typically put forward in these briefs, but Viera went (in part) with the argument that the citizenry must have adequate arms to resist and potentially overthrow a tyrannical government. Kudos for not mincing words, but I wonder (if not previously confronted with this argument) how the SC justices will react. Perhaps it carries less impact as an amicus brief.

Sent from my Pixel XL using Tapatalk

The SCOTUS has never accepted the argument about the 2A overthrowing a tyrannical government, because the SCOTUS is part of the tyrannical government.

 

[krucam]

A couple other Amici are out as well...

Brief amici curiae of Law Enforcement Groups, et al

Brief amicus curiae of The National Rifle Association of America, Inc.

 

[motorcoachdoug]

They both make for very interesting reading. Very easy to understand as well.

 

[fightinbluhen51]

I asked this questions here: https://www.mdshooters.com/showpost.php?p=4912958&postcount=11

I'll ask it again here.

So, question; can the Gov. himself as part of the respondent in the case, provide an amicus? Certainly he's named, and his governorship has no direct bearing upon the state's AG office.

 

[Inigoes]

Yes,

Governors can file an amicus brief. Hogan has an entire office of legal counsel.

http://msa.maryland.gov/msa/mdmanual/08conoff/html/01govf.html#legal

 

[fightinbluhen51]

Yes,

Governors can file an amicus brief. Hogan has an entire office of legal counsel.

http://msa.maryland.gov/msa/mdmanual/08conoff/html/01govf.html#legal

That's what I thought. Goes to show....or at least makes you go herm.

 

[Blacksmith101]

I found it to be very interesting to read. That being said, will it make it thru the cert pool staffers and the judges see it?? that is the question ....

Gorsuch and Alito don't use the Cert Pool.

http://www.abajournal.com/news/article/gorsuch_joins_alito_in_breaking_with_this_arrangement

 

[motorcoachdoug]

Gorsuch and Alito don't use the Cert Pool.

http://www.abajournal.com/news/article/gorsuch_joins_alito_in_breaking_with_this_arrangement

Ok so that is still only 2 out of 9 who might read it then. The odds are still against us with the other 7 having the cert pool staff read it and pass it on...

 

[esqappellate]

Ok so that is still only 2 out of 9 who might read it then. The odds are still against us with the other 7 having the cert pool staff read it and pass it on...

This will make it by the cert pool. Easily.

 

[Blacksmith101]

21 State Attorneys General Defend Second Amendment Rights in Kolbe v. Hogan Case
AGs Argue 4th Circuit Ban on Modern Sporting Rifles Unconstitutional
Frosh, are you paying attention ?

Here is a direct link to the brief by the 21 States Attorneys General:
http://www3.nssf.org/share/pdf/082817-Kolbe-v.-Hogan-Cert-Stage-Amicus.pdf

 

[danb]

I asked this questions here: https://www.mdshooters.com/showpost.php?p=4912958&postcount=11

I'll ask it again here.

Yes,

Governors can file an amicus brief. Hogan has an entire office of legal counsel.

http://msa.maryland.gov/msa/mdmanual/08conoff/html/01govf.html#legal

Hogan can in theory, but I am not entirely sure its a good idea. Any dispute over who was authorized to seek review, file briefs, or intervene in the case could make it less likely Supreme Court would take it. See here:

Given the blizzard of filings over who is and who is not authorized to seek review in this Court under North Carolina law, it is important to recall our frequent admonition that “[t]he denial of a writ of certiorari imports no expression of opinion upon the merits of the case.”

https://www.supremecourt.gov/orders/courtorders/051517zor_986b.pdf Its pretty clear that SCT wanted to take this case but the blizzard of filings and dispute made them shy.

If they think that they cannot get to the meat of the case without getting distracted by other procedural issues, they will pass.

 

[krucam]

Everyone's Amici except the last one (Center for Constitutional Jurisprudence) is available at the SCOTUSBlog Kolbe page:
http://www.scotusblog.com/case-files/cases/kolbe-v-hogan/

Aug 21 2017 Brief amici curiae of Cato Institute, et al. filed.
Aug 23 2017 Motion for leave to file amici brief filed by Edwin Vieira, Jr., et al.
Aug 23 2017 Brief amici curiae of Pink Pistols, et al. filed.
Aug 25 2017 Brief amici curiae of Law Enforcement Groups, et al. filed.
Aug 25 2017 Brief amicus curiae of The National Rifle Association of America, Inc. filed.
Aug 29 2017 Amicus brief of Gun Owners of America, Inc., et al. submitted.
Aug 29 2017 Amicus brief of State of West Virginia and 20 Other States submitted.
Aug 29 2017 Amicus brief of Center for Constitutional Jurisprudence submitted.