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

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  • Mike1690

    Member
    Jan 28, 2016
    93
    Is there a time limit that they need to adhere to or could they wait this out indefinitely? What realistically is the time we could have this AWB lifted ?
    It doesn’t appear there is. Coming up on 10 months since oral arguments. Also notice that there have very few opinions issued in the last several weeks. Then repeat the whole process for the inevitable en banc appeal. I’ve wondered why the involved attorneys haven’t filed for a writ of mandamus. I’m guessing they don’t want to piss off the judges
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,622
    It doesn’t appear there is. Coming up on 10 months since oral arguments. Also notice that there have very few opinions issued in the last several weeks. Then repeat the whole process for the inevitable en banc appeal. I’ve wondered why the involved attorneys haven’t filed for a writ of mandamus. I’m guessing they don’t want to piss off the judges
    More likely not enough time has passed. I would think because the case was remanded, it would move faster. However, didn't the original case take well over a year for an opinion to be issued by the appeals court?

    I was originally thinking it would be around the end of the year we would get an opinion (~12 months)

    But it does seem like a slam dunk that should have been decided awhile back.
     

    Mike1690

    Member
    Jan 28, 2016
    93
    More likely not enough time has passed. I would think because the case was remanded, it would move faster. However, didn't the original case take well over a year for an opinion to be issued by the appeals court?

    I was originally thinking it would be around the end of the year we would get an opinion (~12 months)

    But it does seem like a slam dunk that should have been decided awhile back.
    I think this case originally was pretty quick because of the prior case (Kolbe?). IIRC Kolbe was also about 10 months plus another 10 for the en banc appeal. It’s total BS any way you slice it, by GVRing it the SCOTUS basically told them the right answer.
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,479
    Howard County
    I would bet they are delaying it because it's a decision they really don't want to make and are looking at all the other cases around the country trying to find a way out.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    6,935
    Anne Arundel County
    I would bet they are delaying it because it's a decision they really don't want to make and are looking at all the other cases around the country trying to find a way out.
    Or at least waiting for some other court else to go first on one of the remanded AWB cases, so they don't have take the heat. That would be pure judicial cowardice.
     

    Athelney878

    Active Member
    Jan 9, 2021
    201
    Montgomery County
    Me, still checking everyday for the circuit opinion striking down the AWB so I can quickly by an AK in the window before the state seeks a stay pending appeal:
    1697218770091.gif
     

    MattFinals718

    Active Member
    Nov 23, 2022
    313
    Arlington, VA
    Me, still checking everyday for the circuit opinion striking down the AWB so I can quickly by an AK in the window before the state seeks a stay pending appeal: View attachment 435429

    Don't hold your breath. Four Boxes Diner has already done a video on why that won't happen any time soon. What's more likely to happen is that another State AWB gets struck down by SCOTUS long before that.
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,479
    Howard County
    Me, still checking everyday for the circuit opinion striking down the AWB so I can quickly by an AK in the window before the state seeks a stay pending appeal: View attachment 435429
    I predict three judge panel in our favor. 2-1.

    State requests immediate stay. Granted.

    Fourth Circuit En Banc Panel delays another year just to rule against us again.

    Appeal to Supreme Court of US.

    Then who knows?

    Wild card, as stated above, another AWB gets struck down before ours.

    Personally, in the interm I'd buy either an AK pistol, AK rifle in another caliber, or a 7.62x39 AR. Just in case we lose and they try and make more laws.
     
    Last edited:

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,026
    Montgomery County
    Personally, in the interm I'd buy either an AK pistol, AK rifle in another caliber, or a 7.62x39 AR. Just in case we lose and they try and make more laws.
    Don't I recall something of a major legal blockade against the import of the key AK-food ammo? I've got a dusty SKS and a few boxes of ammo around, but last I checked that stuff was hard to come by. Freely admit to not monitoring the commie ammo market closely.
     

    coinboy

    Yeah, Sweet Lemonade.
    Oct 22, 2007
    4,479
    Howard County
    Not sure about import, but the import market overall has dried up from what I've seen.

    US manufacturers are making it now.

    I always refused to shoot corrosive through an AK anyway. A Mosin Nagant, now that WAS a different story...
     

    redsandman6

    Active Member
    Dec 22, 2011
    776
    Dundalk
    I predict three judge panel in our favor. 2-1.

    State requests immediate stay. Granted.

    Fourth Circuit En Banc Panel delays another year just to rule against us again.

    Appeal to Supreme Court of US.

    Then who knows?

    Wild card, as stated above, another AWB gets struck down before ours.

    Personally, in the interm I'd buy either an AK pistol, AK rifle in another caliber, or a 7.62x39 AR. Just in case we lose and they try and make more laws.
    this is what's going to happen. delay as long as possible and hope the supreme court make up changes. the fix is in and everyone knows it. too bad there isn't a way to get an awb case in the 5th circuit. then it might get fast tracked but Mississippi, Louisiana, Texas would never have an awb. we are just stuck waiting.
     

    Athelney878

    Active Member
    Jan 9, 2021
    201
    Montgomery County
    I agree with that prediction - I’m just hoping there will be a short window between the 2-1 panel decision in our favor and the state seeking at receiving a stay, during which I can buy my AK if I’m fast enough.
     

    Mike1690

    Member
    Jan 28, 2016
    93
    Miller v Bonta dropped today. Probably won’t change anything anytime soon but it’s interesting that this decision is out after 7 months and we’re at 10+ and still waiting. I can’t help but wonder if this makes a stronger case for a Writ of Mandamus?
     

    Apd09

    Active Member
    May 30, 2013
    940
    Westminster, MD
    Miller v Bonta dropped today. Probably won’t change anything anytime soon but it’s interesting that this decision is out after 7 months and we’re at 10+ and still waiting. I can’t help but wonder if this makes a stronger case for a Writ of Mandamus?

    Don’t see it influencing anything. If nothing else once CA appeals MD will say they’re waiting for this to wind its way through CA and will follow along but because it’s such an important topic they want to be sure they’re not causing the split and fast tracking to SCOTUS.


    Sent from my iPhone using Tapatalk
     

    Mike1690

    Member
    Jan 28, 2016
    93
    Don’t see it influencing anything. If nothing else once CA appeals MD will say they’re waiting for this to wind its way through CA and will follow along but because it’s such an important topic they want to be sure they’re not causing the split and fast tracking to SCOTUS.


    Sent from my iPhone using Tapatalk
    Thats the point. We already know the 4th Circus will drag it out as long as they can. I’m questioning why the attorneys for the plaintiffs don’t seem interested in applying pressure to push the case forward.
     

    Apd09

    Active Member
    May 30, 2013
    940
    Westminster, MD
    Thats the point. We already know the 4th Circus will drag it out as long as they can. I’m questioning why the attorneys for the plaintiffs don’t seem interested in applying pressure to push the case forward.

    Because it seems the Right are the only ones who respect the judicial process.


    Sent from my iPhone using Tapatalk
     

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