Any one have an idea on timing for how this might play out?, what is the next step for this one.
Scheduling order thread is here:
http://www.mdshooters.com/showthread.php?t=144627
Any one have an idea on timing for how this might play out?, what is the next step for this one.
Wow. I'm still a novice at reading these.......but WOW!
Excellent!
Only thing that looks a bit worrisome is the statement on page 63 that "In each of those cases, however, the district court applied the incorrect type of constitutional review to the laws at issue". Hmmm, saying that court rulings from other states with similar or more restrictive gun bans was done incorrectly may be correct but might not sit so well with the court on this case.
Just my layman's take on an otherwise excellent document.
I'll read it. But I'm still stuck at the "shall not be infringed" part of the 2nd amendment.
Even if this Court ignores both the Supreme Court’s mandate and the Fourth Circuit case law and follows the intermediate scrutiny approach
Defendants and their experts have admitted that the banned firearms are possessed for lawful purposes in Maryland (Dep. of Daniel Webster, Ex. 18 at 114:15-20), such as hunting (Defendants’ Responses to Plaintiffs’ First Set of Requests for Admission, Ex. 25 at Response 7), competitive marksmanship (id. at Response 8), and self-defense
As illustrated above, the expert evidence before the legislature was a single paragraph presented by a single witness. The opinion letters from various law enforcement groups were conclusory and based on supposition.
Wow. I'm still a novice at reading these.......but WOW!
I never thought the day would come when I would sit down to read 97 pages of lawyer talk and smile all the way through it. Talk bout a kick in the 'nads to the entire MD collection of gun grabbing tyrants!!!
The likelihood of MSI getting a ruling or an injunction that huge is basically nil, IMHO. It's simply too easy to justify the non-ban bits as passing intermediate scrutiny. Maybe we'll get assault pistols back, but I suspect the old firearms regulation regime will be nearly impossible to get rid of.The best part. If the MD law becomes invalidated, all the formerly regulated/banned firearms will be cash and carry!
Like, the rest of America! No , more regulated long guns
The likelihood of MSI getting a ruling or an injunction that huge is basically nil, IMHO. It's simply too easy to justify the non-ban bits as passing intermediate scrutiny. Maybe we'll get assault pistols back, but I suspect the old firearms regulation regime will be nearly impossible to get rid of.
This is incorrect and I would suggest you need to read the law again. The ban bits of the law exist in addition to the regulated bits. There are still regulated long guns; they just happen to all be banned, too. If the ban language is excised, the regulated language still exists.That is the beauty in SB281. They doubled down by getting rid of the regulated long gun verbiage, and banning the long guns in the list.
Once the law is invalidated, there is nothing to fall back on.
That is the beauty in SB281. They doubled down by getting rid of the regulated long gun verbiage, and banning the long guns in the list.
Once the law is invalidated, there is nothing to fall back on.
This is incorrect and I would suggest you need to read the law again. The ban bits of the law exist in addition to the regulated bits. There are still regulated long guns; they just happen to all be banned, too. If the ban language is excised, the regulated language still exists.
http://mgaleg.maryland.gov/2013RS/bills/sb/sb0281e.pdf
I never thought the day would come when I would sit down to read 97 pages of lawyer talk and smile all the way through it. Talk bout a kick in the 'nads to the entire MD collection of gun grabbing tyrants!!!
Completely false. Read the law. You simply cannot buy regulated long guns anymore. They are still very much regulated guns in the eyes of the law."Regulated" firearms ceased to exist with FSA13