Kolbe en banc decision

[light12pdr]

You can get explosive grenades with a NFA stamp. They are pretty expensive though including the stamp expect at least 500 per.

Well, at that price, I am betting that the street thug that the law is targeting, will spend his money on bullets, not grenades

 

[MrNiceGuy]

I don't understand the court's reasoning here. Saying that banning some firearms is no big deal under the Second Amendment because you have other options is like saying banning newspapers is alright because you have television. Flipping idiots. Maybe we should ban voting in inner cities because they have the option to vote in the rural areas. Oh no, THAT wouldn't pass muster because they give a damn about THOSE rights.

I hope every anti-2A SCOTUS Justice steps down (I refuse to wish bad things upon political enemies) and Trump shoves 2A zealots into every open chair and I hope they take every 2A case like this and flat out tell the lower courts they can quit with the willfully stupid mental gymnastics they're doing to come up with crap decisions like this.

 

[Abacab]

Hogan is essentially powerless until there are enough votes to block a veto override.

He'll have slightly more power but still largely irrelevant until legislature makeup changes. Being able to block a veto override would be a massive shift in dynamics though.

I think Republicans need 7 seats to sustain a veto.

 

[smokey]

If the litigation strategy is to lose fast and put up some supreme court cases to remove 2A infringements, we're doing fantastic at losing recently. Seeing how plainly the language is written for the 2A, and then seeing the perverse interpretations judges are using to justify 2a infringements... I think free americans that understand the origins of our freedoms will just be flat out disregarding weapons law. When the legislators and courts have an outright disdain for our most important founding laws, the people should have similar disdain towards them and their body of work.

 

[AliasNeo07]

Great!

Think of all the lives the 4th just saved!

 

[Not_an_outlaw]

I didn't read it yet. Is there anything in this decision that prevents the MGA from declaring a Ruger 10/22 can be placed on the list and prohibited?

 

[Haides]

I don't understand the court's reasoning here.

the court's reasoning

reasoning

 

[whistlersmother]

If the litigation strategy is to lose fast and put up some supreme court cases to remove 2A infringements, we're doing fantastic at losing recently. Seeing how plainly the language is written for the 2A, and then seeing the perverse interpretations judges are using to justify 2a infringements... I think free americans that understand the origins of our freedoms will just be flat out disregarding weapons law. When the legislators and courts have an outright disdain for our most important founding laws, the people should have similar disdain towards them and their body of work.

Strike "should" and replace with "will". I foresee a dark time ahead when both the left and right disregard not only the laws they disagree with, but other laws they might have previously been indifferent to.

We have already seen the left disregard laws on riots, criminal punishment, and others that, if enforced, would cast them in a bad, even criminal, light [see Hillary and her e-mail server - big deal right?].

I believe there is a time coming where the right will disregard _all_ arms laws - you'll be seeing people start dealing in more "energetic" arms. We have already seen people in Washington state ignore their universal registration laws, also Connecticut and New York.

I personally don't think its much of a stretch to see this disdain carried over into other aspects of the law and government.

And of us pro-2A people in Maryland? The rest of America will simply roll their eyes and say "those Marylander's - silly as always".

 

[Abacab]

The court's reasoning is that Scalia wrote as narrow an opinion as possible to get a 5 justice majority. Every circuit court is going to use Heller to justify any all restrictions except a ban on handguns. End of story.

 

[kcbrown]

A whole panel of so-called judges who don't understand the intent of the 2A.

Oh, they understand it just fine. But they disagree with it. And since they believe they've been given unfettered power to "interpret" the Constitution any way they wish, regardless of:

• what the plain reading of the Constitution actually says,
• what those who wrote it said about it and other related subjects,
• what those who ratified it discussed and generally agreed upon,
• and even the logical implications of the precedents that they themselves cite

they issue decisions like this one. Because they can, and because they want to.

These people are typical abusers of power. They are no different from the dictators of the past and present, who would see their personal preferences writ large, foisted upon the citizenry by shackling them with the chains of law, in order to achieve their personal vision of a "better" society. They are utterly corrupt, and utterly evil, because they have no reservation, no hesitation, in destroying the liberties of all in order to achieve their personal vision.

I spit the most bitter of bile at them. They belong in North Korea, not here.

 

[fightinbluhen51]

This is why I favor a Federal preemptive act. No more playing with insolent courts.

I was thinking about this last night; it's a civil right.

The Firearms Normalization Act...

 

[KevinK]

The real question....will SCOTUS take it after not hearing NY and CT? MD will be trying for an all-out ban, I have no doubt.

If not at a fast pace this session, next session with out a doubt.

"..... with thunderous applause."

 

[BigCountry14]

If not at a fast pace this session, next session with out a doubt.

"..... with thunderous applause."

Theyll require registration next, like CT. There wont be confiscation, but if you ever screw up even minorly, theyll eventually get younfor possession of an unregistered "assualt weapon".

If the supreme court doesnt take this, Im really worried about the future in MD. I cant easily up and leave to free America at this point.

Sent from my SCH-I545 using Tapatalk

 

[swinokur]

And 100,000 people in CT chose to ignore the law. I expect something similar to happen here.

 

[Pushrod]

WV is in 4th Circuit, so when they get around to banning it'll be just as legal as it is here...

They'll never institute a State ban in West Virginia, we value our firearms Rights too much here.

 

[Gryphon]

I haven't read it yet, but I already know that any decision interpreting fundamental rights supposedly protected by the 2A that takes 116 pages to articulate is fundamentally flawed from the outset.

 

[Boxcab]

We are experiencing a version of 2A "Jim Crow" years that plagued the Civil Rights movement. The Courts got it wrong then and it took a mixture of Legislation and other court cases to unravel the mess. The fight will not be won with one case or one piece of legislation. It will take more years then I have left to restore the 2A Right as intended by the Founders.



.

 

[krucam]

What a crock and reliance on the legislative deference. What a crock and misinterpretation of Heller.

The opinion is wrapped around "AR-15 = M-16". At one point they even say the AR-15 is more dangerous than an M-16.

M-16 is mentioned ONCE in Heller. It is mentioned 23 times in Kolbe even though M-16's aren't mentioned in the law being challenged.

Apparently 'In common use' and Miller's protection of arms suitable for military use (while upholding bans on those outside the sphere) didn't sink in either.

Disappointed, but not shocked. I don't believe there's much hope of getting this to the Supreme Court with Heller II, Shaw, Fyock, Friedman etc siding with Kolbe. There's no split among the circuits...

 

[fightinbluhen51]

Theyll require registration next, like CT. There wont be confiscation, but if you ever screw up even minorly, theyll eventually get younfor possession of an unregistered "assualt weapon".

If the supreme court doesnt take this, Im really worried about the future in MD. I cant easily up and leave to free America at this point.

Sent from my SCH-I545 using Tapatalk

And 100,000 people in CT chose to ignore the law. I expect something similar to happen here.

Well, I'll be one in that number. And I freely and openly admit it.

I haven't read it yet, but I already know that any decision interpreting fundamental rights supposedly protected by the 2A that takes 116 pages to articulate is fundamentally flawed from the outset.

Shorter: Any opinion citing Salon is fundamentally junk toilet paper.

 

[jcutonilli]

What a crock and reliance on the legislative deference. What a crock and misinterpretation of Heller.

The opinion is wrapped around "AR-15 = M-16". At one point they even say the AR-15 is more dangerous than an M-16.

M-16 is mentioned ONCE in Heller. It is mentioned 23 times in Kolbe even though M-16's aren't mentioned in the law being challenged.

Apparently 'In common use' and Miller's protection of arms suitable for military use (while upholding bans on those outside the sphere) didn't sink in either.

Disappointed, but not shocked. I don't believe there's much hope of getting this to the Supreme Court with Heller II, Shaw, Fyock, Friedman etc siding with Kolbe. There's no split among the circuits...

You must not have read the opinion. Not only does it split with the circuits, it conflicts with a holding of Heller. The difference is that they found the firearms do not have 2A protection. Had they simply stuck with the assume they have 2A protection and apply intermediate scrutiny tactic used in the other cases, SCOTUS would likely pass (like it did in the other cases) This case directly conflicts with holding 1B of Heller

"The prefatory clause comports with the Court’s interpretation of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved."

There is no mention of how small arms, that the world believes appropriate for military purposes, are not suitable for a citizens' militia.