Kolbe en banc decision

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  • press1280

    Ultimate Member
    Jun 11, 2010
    7,920
    WV
    Cert denied :(

    But scotus allowed an amicus to be filed! Sarcasm off.

    Looks like the court will not take anything unless the composition changes.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,493
    Westminster USA
    yep.
    .
     

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    mxrider

    Former MSI Treasurer
    Aug 20, 2012
    3,045
    Edgewater, MD
    sigh. I think that means that all of the circuits that have similar bans have now all been denied cert and likely keeps this in place forever. I'm not aware of any other cases coming up through the system that could go to the SC.
     

    kcbrown

    Super Genius
    Jun 16, 2012
    1,393
    Exactly as predicted. The Court will not take a 2A firearms case until its composition changes. And how it decides the cases that it takes after that will depend on the change of composition. It is a purely political institution. Understand that and maybe you'll understand why it does what it does.
     

    Knuckle Dragger

    Active Member
    May 7, 2012
    213
    sigh. I think that means that all of the circuits that have similar bans have now all been denied cert and likely keeps this in place forever. I'm not aware of any other cases coming up through the system that could go to the SC.
    There are three cases in Massachusetts that have some potential. Two are federal court challenges, one to the AWB itself and one to the MA AG's interpretation of it. There's also a criminal appeal that will be heard by the SJC in January.

    Exactly as predicted. The Court will not take a 2A firearms case until its composition changes. And how it decides the cases that it takes after that will depend on the change of composition. It is a purely political institution. Understand that and maybe you'll understand why it does what it does.
    Even with a significant change, I think the court is going to be very reluctant to take up an AWB case while two mass shootings are fresh in the public's memory. These shootings are not good for the cause.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,920
    WV
    Be prepared for the chest pounding and chant of "The Supreme Court upheld our laws."

    I don't doubt that for a second.

    So unless the court takes the Hamilton case (which really doesn't affect many people), looks like there won't be a 2A case at the court yet again.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Be prepared for the chest pounding and chant of "The Supreme Court upheld our laws."

    Denial of cert does not mean that.

    Exactly as predicted. The Court will not take a 2A firearms case until its composition changes. And how it decides the cases that it takes after that will depend on the change of composition. It is a purely political institution. Understand that and maybe you'll understand why it does what it does.

    I don't believe there is enough data to say that it is a purely political institution. There are certainly cases that do appear to be political, but most of them are not. This case has been litigated at least 4 times (DC, NY, CT, Highland Park) with the same conclusion. I am not sure why you think this case was appreciable different.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,493
    Westminster USA
    And Frosh starts his boasting.

    Statement of Attorney General Frosh on Supreme Court’s Denial of Cert in Kolbe v. Hogan

    BALTIMORE, MD (November 27, 2017) – Maryland Attorney General Brian E. Frosh today issued the following statement regarding the Supreme Court’s denial of a cert petition in Kolbe v. Hogan:

    “The Maryland Firearm Safety Act is a common-sense law. The Supreme Court’s denial of certiorari confirms the principle that states may protect their citizens and communities from the devastation of these weapons of war. The U.S. Fourth Circuit Court of Appeals found that assault weapons and large-capacity magazines banned by Maryland are ‘like’ the military’s M-16 rifles and were not only ‘designed for the battlefield,’ but also ‘have been used disproportionately to their ownership in mass shootings and the murders of law enforcement officers.’ Assault weapons, which have resulted in the slaughter of hundreds of people in recent months, are not protected by the Second Amendment. The Firearm Safety Act remains the law in Maryland.

    “I appreciate the work of the members of the Office of Attorney General’s Civil Division who have worked on this case, particularly former Chief of the Civil Division Matt Fader.”

    Read more in the full press release: http://www.marylandattorneygeneral.gov/press/2017/112717.pdf
     

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    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,271
    Davidsonville
    More laws coming ,, they got their inch now comes the mile? Frosh would be dumb not to try.
    I'm now waiting for the "We need more money to fight" emails. Where's that gerrymandering thread, any chance with this at all?

    Toss this thread like rusty steel casings and I fear an MDS Real Estate section may be beneficial? Rant done.
     

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