NYC CCW case is at SCOTUS!

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  • Oct 29, 2021
    740
    Dallas, texas
    Bianchi v Frosh is JUST an AWB case. They did not challenge the magazine capacity ban.

    look at page 19 of the Petition for Cert.

    this will have an indirect effect on the magazine ban

    However, Duncan v Bonta and ANJRPC will still effect MD.

    But keep in mind. MD isn’t required to change their Mag Ban law until a court mandates that the law is invalid and enjoins enforcement.

    Until that time, any enforcement or lack of enforcement is pure voluntary on the states part.

    When the circuit court rules and issues their opinion and hopefully their mandate. They could invalidate the entire code, in which it would invalidate both the AWB and the mag ban. Or they could invalidate only the AWB. Then enjoin enforcement.

    However we won’t know till that happens. If MD refuses to follow SCOTUS it can still be appealed back to SCOTUS and they meaning the SC could then issue the mandate themselves.

    The lawyer for Bianchi should be filing motions on or before Monday.
    this case could end in the next 90 days, or it could drag out a bit with motions upon motions each allowing a reply and each motion and reply getting 21-30 days each. So could drag out much longer.

    So we will see.

    hopefully MD goes along voluntarily
     
    Last edited:

    lazarus

    Active Member
    Jun 23, 2015
    10,884
    look at page 19 of the Petition for Cert.

    this will have an indirect effect on the magazine ban
    It may. Or is this a case where if a court holds against the state, that the entirety of FSA2013 would be struck down? Or would it be severable and only the provisions directly on the assault weapons bans within be struck? Or is it at the discretion of the court of appeals?
     

    rambling_one

    Active Member
    MDS Supporter
    Oct 19, 2007
    6,195
    Bowie, MD
    If a MD resident can travel to VA and come home with 10+ mags, is it the consensus here that a MD resident with a CCW cannot legally carry a firearm that is designed for one?
     

    Boondock Saint

    Active Member
    Dec 11, 2008
    22,355
    White Marsh
    If a MD resident can travel to VA and come home with 10+ mags, is it the consensus here that a MD resident with a CCW cannot legally carry a firearm that is designed for one?

    No, sir. You can carry and use a magazine of any capacity. You simply cannot buy, sell, receive, transfer, manufacture, etc. a magazine that can hold more than 10 rounds within Maryland borders.

    For added foolishness, there is a relatively new law that makes it a crime to use a magazine that can hold more than 10 rounds while in commission of another crime. So provided you are carrying lawfully, you can have a 100 round drum magazine in your pistol if you choose. Just don't rob a store while in possession of said magazine, otherwise you'll catch another charge. :)
     

    jcutonilli

    Active Member
    Mar 28, 2013
    2,161
    look at page 19 of the Petition for Cert.

    this will have an indirect effect on the magazine ban

    However, Duncan v Bonta and ANJRPC will still effect MD.

    But keep in mind. MD isn’t required to change their Mag Ban law until a court mandates that the law is invalid and enjoins enforcement.

    Until that time, any enforcement or lack of enforcement is pure voluntary on the states part.

    When the circuit court rules and issues their opinion and hopefully their mandate. They could invalidate the entire code, in which it would invalidate both the AWB and the mag ban. Or they could invalidate only the AWB. Then enjoin enforcement.

    However we won’t know till that happens. If MD refuses to follow SCOTUS it can still be appealed back to SCOTUS and they meaning the SC could then issue the mandate themselves.

    The lawyer for Bianchi should be filing motions on or before Monday.
    this case could end in the next 90 days, or it could drag out a bit with motions upon motions each allowing a reply and each motion and reply getting 21-30 days each. So could drag out much longer.

    So we will see.

    hopefully MD goes along voluntarily
    Read the complaint



    Nowhere do they challenge the magazine ban law even though it is in the same subtitle. The court won't invalidate the entire code because the entire code was not challenged.
     

    Lalez

    Member
    BANNED!!!
    Feb 27, 2019
    206
    Russia
    Maryland issuing permits yet? No? Why not?

    If they won’t follow laws why should the citizens of Maryland?

    Maryland State police openly enforcing an unconstitutional law still?

    Are the Maryland State Police aware of possible civil rights violations they can be personally sued for?
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    6,360
    Gaithersburg, Maryland
    Not just fall apart one piece at a time, but fall apart nearly instantly the same way he rammed SB281 (Firearm Safety Act) down our throats. I love karma (and the SCOTUS).

    Did you hear the collective "Thud" of the gun grabber's jaws hitting the floor last Thursday with several after shocks this morning?
     

    Apd09

    Member
    May 30, 2013
    719
    Westminster, MD
    Read the complaint



    Nowhere do they challenge the magazine ban law even though it is in the same subtitle. The court won't invalidate the entire code because the entire code was not challenged.

    I’d say it’s moot because if NJ strikes down their mag ban then the writing is in the wall for MD and I’m guess they just remove it themselves rather than litigate it. But thats the sensible thing to do.


    Sent from my iPhone using Tapatalk
     

    Abuck

    Active Member
    Maryland issuing permits yet? No? Why not?

    If they won’t follow laws why should the citizens of Maryland?

    Maryland State police openly enforcing an unconstitutional law still?

    Are the Maryland State Police aware of possible civil rights violations they can be personally sued for?
    There is no way that they are not aware of this SCOTUS ruling. There was a recent SCOTUS decision back in October that strengthened QI, except where civil rights violations are clear. Such as denying our 2A rights.

    “In City of Tahlequah v. Bond, the Supreme Court reminds us that qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.”
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    4,815
    ☭ Maryland ☭
    There is no way that they are not aware of this SCOTUS ruling. There was a recent SCOTUS decision back in October that strengthened QI, except where civil rights violations are clear. Such as denying our 2A rights.

    “In City of Tahlequah v. Bond, the Supreme Court reminds us that qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.”
    They are most definitely aware of Bruen - the MSP website says so.
     

    jcutonilli

    Active Member
    Mar 28, 2013
    2,161
    I’d say it’s moot because if NJ strikes down their mag ban then the writing is in the wall for MD and I’m guess they just remove it themselves rather than litigate it. But thats the sensible thing to do.


    Sent from my iPhone using Tapatalk
    It is not moot because the issue needs to be litigated and I am not sure either state is simply going to roll over and accept it is unconstitutional.
     

    jcutonilli

    Active Member
    Mar 28, 2013
    2,161
    Maryland issuing permits yet? No? Why not?

    If they won’t follow laws why should the citizens of Maryland?

    Maryland State police openly enforcing an unconstitutional law still?

    Are the Maryland State Police aware of possible civil rights violations they can be personally sued for?
    MD has been issuing permits to those it deems worthy.

    The MD law has not been judged to be unconstitutional as of now. There is active litigation that will resolve the issue.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    23,744
    南馬里蘭州鮑伊
    20-1507 ASSN. OF NJ RIFLE, ET AL. V. BRUCK, ATT'Y GEN. OF NJ, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U. S. ___ (2022).


    In 2018, New Jersey made it illegal to possess a magazine capable of holding more than 10 rounds of ammunition. N.J. Stat. 2C:39-1(y), 2C:39-3(j). Prior to that, it had been illegal in New Jersey to possess magazines capable of holding more than 15 rounds of ammunition. Owners of large-capacity magazines (LCMs) could modify their LCMs, render firearms with LCMs or the LCM itself inoperable, register firearms with LCMs that could not be modified; transfer the firearm or LCM to an individual or entity entitled to own or possess it; or surrender the firearm or LCM to law enforcement.
    I just emailed this to a FUDD friend who lives in NJ and refuses to do anything but whine about how he lives in a "police state".
     
    Oct 29, 2021
    740
    Dallas, texas
    It may. Or is this a case where if a court holds against the state, that the entirety of FSA2013 would be struck down? Or would it be severable and only the provisions directly on the assault weapons bans within be struck? Or is it at the discretion of the court of appeals?

    Discretion of the circuit court, either the three judges or the 11 judges I’d heard in an En Banc hearing to decide if the entire thing, or just the part.

    Even when the law is written as severable, if the court finds other parts unconstitutional it can rule the entire thing unconstitutional and invalidate and enjoin the whole thing.

    MD might try to argue the difference to keep them from ruling that way. But I highly doubt it, since at the same time Duncan and ANJRPC both challenged the magazine ban as well. So it would be pointless effort if they did. Knowing full well we could come back at them with the Duncan and ANJRPC ruling.

    Also keep in mind… that the judges at district and circuit level are now required to rule, based on the Bruen case. Which leaves the one step THT approach. So again it would be a pointless effort.

    It all boils down to this…

    In a fairly short amount of time, no states AWB will be left standing, as well as any magazine ban, and Open carry will be legal with your permit.

    However, thats not really a big issue in MD like it is in Florida, or Illinois, or California, or New York, or NYC.

    It won’t happen overnight though either.

    Other borderline gun Control laws will be challenged as well, in multiple circuits. Why? It helps to create a circuit split, if one circuit decides not to follow SC’s guidelines.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    11,346
    I bet AG Frosh is drinking heavily in his office and on discrete suicide watch by his staff.

    Who can make a Downfall meme for him?
    He can't find any wine to drink, Andrea Chambley bought up most of the boxes in the state last Thursday, she bought out the rest today.
     

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