AGCLVP
Active Member
- Jan 27, 2009
- 142
The main point to remember is that the following brief commentary is from "mental notes" and is not a prediction of the results of this hearing. For additional detail, listen to the audio recording of the hearing. Nothing is final until the actual official ruling is handed down. Even then, it is likely that this case will be appealed to the Supreme Court of the United States (SCOTUS).
The hearing opened with a strong presentation from John Parker Sweeney which clearly articulated why the Maryland ban on so-called "assault weapons" and the ban on standard capacity magazines violates the Second Amendment rights of law abiding citizens.
Mr. Sweeney also questioned the State's use of the concept of "dangerousness" which has no legal basis in firearms law.
At one point Judge King challenged Mr. Sweeney regarding a position taken by the State. The challenge was met head on by Mr. Sweeney's response: "They're wrong."
The State's case was argued by Matthew J. Fader whose position was probably not helped by having Attorney General Brian Frosh sitting there watching him.
Judge Agee questioned Mr. Fader on whether or not a six shot Smith & Wesson revolver was protected by the Second Amendment. After some back and forth exchanges, Mr. Fader finally conceded that a revolver was protected by the Second Amendment.
A follow-up question from Judge Agee made reference to the Judge's Glock pistol with a 15 round magazine which the Judge keeps on his night table produced an even more interesting exchange. Mr. Fader's hesitant and evasive responses made it clear the the State was not willing to concede that semi-automatic pistols are protected by the Second Amendment.
The general consensus among those of us who sat in the hearing room was that our legal team did an outstanding job and we are hopeful of a successful outcome.
We anticipate that a ruling will he handed down in approximately 60 to 90 days.It should be noted that if we are successful, it is very likely that Attorney General Frosh will appeal to the Supreme Court of the United States (SCOTUS).
Listen to the Audio Recording of the Entire Hearing:
Click here for the audio recording on the 4th Circuit Court Website
Click on case number 14-1945
(Don't be mislead by the reference to Governor Hogan as the lawsuit always names the Governor currently in office. This is same same lawsuit filed against then Governor O'Malley.)
This recording can be downloaded to your computer.
To save the MP3 file, right-click the case number and select "Save link as..." or "Save target as..."
Click here for the AGC Special Report in the AGC archive.
CLICK HERE TO JOIN THE AGC'S LEGISLATIVE EMAIL LIST FOR FURTHER UPDATES.
The hearing opened with a strong presentation from John Parker Sweeney which clearly articulated why the Maryland ban on so-called "assault weapons" and the ban on standard capacity magazines violates the Second Amendment rights of law abiding citizens.
Mr. Sweeney also questioned the State's use of the concept of "dangerousness" which has no legal basis in firearms law.
At one point Judge King challenged Mr. Sweeney regarding a position taken by the State. The challenge was met head on by Mr. Sweeney's response: "They're wrong."
The State's case was argued by Matthew J. Fader whose position was probably not helped by having Attorney General Brian Frosh sitting there watching him.
Judge Agee questioned Mr. Fader on whether or not a six shot Smith & Wesson revolver was protected by the Second Amendment. After some back and forth exchanges, Mr. Fader finally conceded that a revolver was protected by the Second Amendment.
A follow-up question from Judge Agee made reference to the Judge's Glock pistol with a 15 round magazine which the Judge keeps on his night table produced an even more interesting exchange. Mr. Fader's hesitant and evasive responses made it clear the the State was not willing to concede that semi-automatic pistols are protected by the Second Amendment.
The general consensus among those of us who sat in the hearing room was that our legal team did an outstanding job and we are hopeful of a successful outcome.
We anticipate that a ruling will he handed down in approximately 60 to 90 days.It should be noted that if we are successful, it is very likely that Attorney General Frosh will appeal to the Supreme Court of the United States (SCOTUS).
Listen to the Audio Recording of the Entire Hearing:
Click here for the audio recording on the 4th Circuit Court Website
Click on case number 14-1945
(Don't be mislead by the reference to Governor Hogan as the lawsuit always names the Governor currently in office. This is same same lawsuit filed against then Governor O'Malley.)
This recording can be downloaded to your computer.
To save the MP3 file, right-click the case number and select "Save link as..." or "Save target as..."
Click here for the AGC Special Report in the AGC archive.
CLICK HERE TO JOIN THE AGC'S LEGISLATIVE EMAIL LIST FOR FURTHER UPDATES.