Supreme Court remits MD assault weapons ban back to lower courts in light of Bruen vs. NY ruling

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  • hodgepodge

    Senior Member (Gold)
    Sep 3, 2009
    10,099
    Arnold, MD
    What’s “GVRed”?

    Grant, vacate, remand.

    We see your case, the lower court needs another chance, here you go. For the Bruen decision, it's look at what we said about the 2A, reconsider your wrong decision, and decide again. The new decision is not certain, but odds are good.
     

    Crazytrain

    Certified Grump
    MDS Supporter
    Jul 8, 2007
    1,650
    Sparks, MD
    Does this forum have a feature where an info box can be placed in the sidebar? The same questions are asked over and over and over. Understandably as there is a lot stuff here it can be hard to see and comprehend everything. But I'd like to see the common acronyms at least put someplace easily accessible without messing up the reading flow. GVR, BGOS, and THT to start as I've seen those questions repeatedly this week. I'm sure there are more.
     

    smkranz

    Certified Caveman
    MDS Supporter
    Feb 21, 2013
    4,388
    Carroll County
    But I'd like to see the common acronyms at least put someplace easily accessible without messing up the reading flow. GVR, BGOS, and THT to start as I've seen those questions repeatedly this week. I'm sure there are more.
    Needs updated:
     

    jkeys

    Active Member
    Jan 30, 2013
    668
    does this mean we could get the banned guns back for sale in MD?
    thanks
    Maybe. Depends on activist judges and how long it takes the case to make the way through the legal system. We are already going on 10 years since the law was passed.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,176
    Anne Arundel County
    does this mean we could get the banned guns back for sale in MD?
    thanks
    Yes, once the 4th Court of Appeals issues a final ruling on the case which has been remanded back to them by SCOTUS. Sales and transfers of firearms in common use, like the AR-15, M1A, and AK variants would almost certainly be allowed again because they are easily demonstrated to be in common use by civilians in the US. Some of the oddball stuff on MD's list like the Gwynn Bushmaster, would depend on the specifics of the ruling and the reasoning behind it. My guess is the court wouldn't go through MD's list item by item, but would just toss the whole thing because as a class, detachable magazine fed semiautomatic rifles are in very common use.

    But don't go shopping until the court has issued its final ruling.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,969
    Fulton, MD
    Within the Text, History, or Tradition of the USA, has any weapon been banned for sale?

    Why should specific arms be allowed and others disallowed?
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,176
    Anne Arundel County
    Within the Text, History, or Tradition of the USA, has any weapon been banned for sale?

    We won't know until the GVR'ed cases get re-decided.
    Why should specific arms be allowed and others disallowed?
    I'm not sure what you mean with the question. Are you asking philosophically why someone would want to make a selection of certain arms to ban, or are you asking what criteria would be used to ban specific arms?
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,969
    Fulton, MD
    We won't know until the GVR'ed cases get re-decided.

    I'm not sure what you mean with the question. Are you asking philosophically why someone would want to make a selection of certain arms to ban, or are you asking what criteria would be used to ban specific arms?

    What criteria that is supported by THT would be used?
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,176
    Anne Arundel County
    What criteria that is supported by THT would be used?
    Thomas said over and over again the standard is the Heller case's "In common use" standard.

    When the Glendenning Administration put together MD's list, it was literally staffers thumbing through gun periodicals identifying arms that looked scary. I doubt that standard would be allowed again.

    Personal opinion, but I think the common use standard would be applied to entire classes of firearms rather than specific makes and models. As in anything in the class of "detachable magazine fed, semiautomatic rifles that are not destructive devices" would fall under core 2A protection for possession, transfer, purchase, carry, etc. Items in the class of "anti tank rockets with shaped charge warheads" could be heavily regulated or banned regardless of make and model.
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,324
    When the Glendenning Administration put together MD's list, it was literally staffers thumbing through gun periodicals identifying arms that looked scary. I doubt that standard would be allowed again.
    Certainly the 2013 legislation was a cut-and-paste job from California law...originally including that state's incredibly embarrassing Olympic target pistol ban.

    O'Moron should have been impeached just for sheer lazy incompetence.
     

    Threeband

    The M1 Does My Talking
    Dec 30, 2006
    25,323
    Carroll County
    The Ban List, used with minor updating in so many states, was originally put together by some staffers for Dianne Feinstein, who said they bought a Gun Digest at the newsstand and looked at the pictures in the catalogue section in the back.

    This was around 1988, and explains why the List preserves a sort of Time Capsule of guns from the 80s.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    Certainly the 2013 legislation was a cut-and-paste job from California law...originally including that state's incredibly embarrassing Olympic target pistol ban.

    O'Moron should have been impeached just for sheer lazy incompetence.
    The original 1989 law was cut and paste from California when they made the "regulated firearms list". The 2013 law simply took the "regulated" rifles list and made them banned.
     

    moto.x

    Member
    Sep 16, 2014
    18
    This must be why AKs chambered in 545 or 556 are legal in this state. Unless they have the name Kalashnikov.
     

    babalou

    Ultimate Member
    MDS Supporter
    Aug 12, 2013
    16,172
    Glenelg
    like others have stated MG should also be gtg but are technically not in common use due to the ban. Hopefully that too will go bye bye.
     

    Rabu Rabu

    Operatoroperatoroperator
    Sep 10, 2012
    333
    Cambridge, MD
    But I have no doubt Lopez, Atterberry, et al. are going to be back trying to make everything sensitive, doing the same shit requiring a license to carry and a background check required to buy any ammunition, safe storage again. Probably push mag bans and extend the AWB (because let's FAaFO!). I can see them now, "extreme court decisions require extreme legislative responses!"
    I can see that, and I was thinking something along those lines was going to be coming regardless of a favorable Bruen ruling.
    Though; now that they're aware they have CCW on their plate I feel that they will be entirely too focused on that to go after an expansion of something that just got GVR'd. Ammo background checks sounds likely. They've been wanting that, dickweed watson even said as much.

    Even with their supermajority though, the MGA, as zealous as they are, does have cooler heads in judiciaries that will no doubt be aware of how likely those will be to stand. MD's not quite a far cry from the loons in NY, but we're nowhere near that degree of funded or mind rotten. If we were FSA 2013 would have been summarily forced as written.
     
    Last edited:

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    34,099
    Certainly the 2013 legislation was a cut-and-paste job from California law...originally including that state's incredibly embarrassing Olympic target pistol ban.

    O'Moron should have been impeached just for sheer lazy incompetence.
    Ha ha. FSA2013 was supposed to be the groundbreaking legislation that catapulted O'Mao into the White House. Instead, his Iowa caucus gathering drew one person.
     

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