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

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  • lazarus

    Active Member
    Jun 23, 2015
    9,449
    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.
    Yup. I know one or two of the democratic legislators involved (we don't necessarily see entirely eye to eye politically as one might guess). I won't name names because I used to consider them friends (we just haven't had much to do with each other in years, not for any particular bad reason).

    Anyway, yes, a large number are reasonably practical and as much as they are pragmatic on what gets them re-election funds and votes, I just don't think gun control laws drive a whole lot of money in Maryland. And I don't think many of them are willing to spend a lot of time and effort on laws they are confident the courts would just throw out. Till now, the courts have thrown out very, very little.

    It is just a question of what they need support from the real die-hard crazies like Lopez, on. If the crazies condition their support on other Democratic MGA priorities on getting votes (and passing) their crazy gun control bills that are destined to lose in court, its possible it'll attract leadership support. But the advantage in some ways of the super majority is that they can afford to lose a few votes on stuff and still pass bills.

    I DO think we will see a few gun laws get pushed hard and pass. Safe storage? I'll be shocked if it doesn't get passed this session. I think there will be SOME changes to W&C laws on review, how and where carry can occur. I am hoping it isn't nearly as radical as NY's changes. Hell, I hope they are actually changes to make things less restrictive, but I highly doubt that. If we are lucky, they MIGHT drop the subjective stuff like references and tighten approval times (because it shouldn't take so long when it isn't more than a background check and maybe confirming you completed training). I am 100% confident they will at least try to expand sensitive places to include things like all institutes of higher learning, a bunch of Annapolis, probably push some stuff like bars.

    I doubt they'll remove restrictions without court orders (like state forests and parks).
     

    JTH20

    Member
    Feb 18, 2013
    525
    MD
    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.

    Would winning this case also end registration of AR15 lowers?
     

    dblas

    Past President, MSI
    Apr 6, 2011
    10,864
    Would winning this case also end registration of AR15 lowers?
    No. It more than likely go back to the way it was prior to 2013, where the regulated list of long guns would require a 77R and a 7 day wait. And that would include AR15 lowers
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    45,333
    SoMD / West PA
    No. It more than likely go back to the way it was prior to 2013, where the regulated list of long guns would require a 77R and a 7 day wait. And that would include AR15 lowers
    If the assault weapons ban is unconstitutional, there is no other underlying law presently.

    The regulated firearms were gutted to only pistols.
    I stand corrected 5-101 still contains the regulated long gun list.

     
    Last edited:

    Rabu Rabu

    Operatoroperatoroperator
    Sep 10, 2012
    322
    Cambridge, MD
    Yup. I know one or two of the democratic legislators involved (we don't necessarily see entirely eye to eye politically as one might guess). I won't name names because I used to consider them friends (we just haven't had much to do with each other in years, not for any particular bad reason).

    Anyway, yes, a large number are reasonably practical and as much as they are pragmatic on what gets them re-election funds and votes, I just don't think gun control laws drive a whole lot of money in Maryland. And I don't think many of them are willing to spend a lot of time and effort on laws they are confident the courts would just throw out. Till now, the courts have thrown out very, very little.

    It is just a question of what they need support from the real die-hard crazies like Lopez, on. If the crazies condition their support on other Democratic MGA priorities on getting votes (and passing) their crazy gun control bills that are destined to lose in court, its possible it'll attract leadership support. But the advantage in some ways of the super majority is that they can afford to lose a few votes on stuff and still pass bills.

    I DO think we will see a few gun laws get pushed hard and pass. Safe storage? I'll be shocked if it doesn't get passed this session. I think there will be SOME changes to W&C laws on review, how and where carry can occur. I am hoping it isn't nearly as radical as NY's changes. Hell, I hope they are actually changes to make things less restrictive, but I highly doubt that. If we are lucky, they MIGHT drop the subjective stuff like references and tighten approval times (because it shouldn't take so long when it isn't more than a background check and maybe confirming you completed training). I am 100% confident they will at least try to expand sensitive places to include things like all institutes of higher learning, a bunch of Annapolis, probably push some stuff like bars.

    I doubt they'll remove restrictions without court orders (like state forests and parks).
    Yeah, I can't see them going full NY with it. I'd say you're pretty well on the money with colleges, political buildings that aren't already covered, bars and a few other things. If it's brought to their attention that certain aspects of getting the permit will be sued over they may be willing to work with the few GOP that have been trying to get us permits for the last decade at least.

    We'll just have to see how Bianchi and Call are doing by the time the session rolls around to see how hot under the collar those get them.
     

    Bertfish

    Throw bread on me
    Mar 13, 2013
    13,743
    White Marsh, MD
    No. It more than likely go back to the way it was prior to 2013, where the regulated list of long guns would require a 77R and a 7 day wait. And that would include AR15 lowers
    And I doubt you'd ever see the 77R go away. You can buy the gun after all, just have hoops to jump through.

    Be interesting to see THT on waiting periods (I'm confident they didn't exist)
     

    BurkeM

    Member
    MDS Supporter
    Jan 8, 2014
    600
    Baltimore

    TheOriginalMexicanBob

    Active Member
    Jul 2, 2017
    22,855
    Frederick
    Any ban on a firearm should be within the province of the consumer...if someone builds a crappy product or one that's useless for its purpose...the buying public will reject it and it will suffer a de facto ban by being discontinued. The free market...if allowed to operate...will accomplish it.
     

    dblas

    Past President, MSI
    Apr 6, 2011
    10,864
    And I doubt you'd ever see the 77R go away. You can buy the gun after all, just have hoops to jump through.

    Be interesting to see THT on waiting periods (I'm confident they didn't exist)
    Waiting periods I would estimate will be sooner rather than later for a lawsuit. 77R and the ATF 4473 might not withstand THT, but I am guessing those are higher up the tree.
     

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