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

[Allen65]

He was, and that would be the argument. But remember Bruen did not involve a firearms ban so the issue was not clearly presented. Arguably the majority's discussion of common use is dicta. Now, in a good court, SCT dicta is followed, but not in a court determined to reach the same result. Good lawyering is now at a premium. Fortunately, the lawyers in Bianchi are outstanding.

One quick follow-on question: If one of the folks who see Bruen as having granted instant gratification gets themselves arrested for selling or buying an AK, would their legal process speed up the timeline for court review of the issues in Bianchi because it would now be tied to a criminal case ( and 6th Amendment speedy trial protections) rather than just the request for declarative and injunctive relief via the Bianchi case?

 

[esqappellate]

Thanks.

Any sense of the time frame for striking down mag limits and the HQL? Any hope to end registration of handguns by new residents, the roster, or the seven day wait?

The HQL suit in which MSI is the lead plaintiff is currently in the 4th Circuit. It was held in abeyance pending Bruen. We now have a briefing schedule for this summer and that case will thus move forward. Mag limits in MD are not at issue, but are at issue in Duncan and Bruck which were likewise GVRed and sent back down for reconsideration under the test articulated in Bruen. That is a BFD, but it doesn't guarantee anything. The 7 day wait, the roster and the registration requirements are not at issue in any of these cases, so those will remain, at least for now. It would take a new lawsuit to challenge those requirements

 

[esqappellate]

One quick follow-on question: If one of the folks who see Bruen as having granted instant gratification gets themselves arrested for selling or buying an AK, would their legal process speed up the timeline for court review of the issues in Bianchi because it would now be tied to a criminal case rather than just the request for declarative and injunctive relief from a statute?

Getting arrested now is just dumb. Won't help at all. For now, MD law remains in effect. Break it at your peril. Patience is a virtue here

 

[Allen65]

Getting arrested now is just dumb. Won't help at all. For now, MD law remains in effect. Break it at your peril.

One of the admins should make that post a sticky.

 

[Jim12]

I really wish we could replace the term, "assault weapon," with the accurate description, "modern sporting rifle."

 

[esqappellate]

I really wish we could replace the term, "assault weapon," with the accurate description, "modern sporting rifle."

me too

 

[babalou]

Getting arrested now is just dumb. Won't help at all. For now, MD law remains in effect. Break it at your peril. Patience is a virtue here

So remanded back we still are blocked? Why would all go back to prior until the court changes it? If things are status quo they can take their sweet time. If remanded the rule prior should be in affect. Fvck this crap

 

[chilipeppermaniac]

I really wish we could replace the term, "assault weapon," with the accurate description, "modern sporting rifle."

I made a post elsewhere about the term Misused to describe the Sporting Rifles. I cringe every time I hear Assault Weapon.

 

[jcutonilli]

I really wish we could replace the term, "assault weapon," with the accurate description, "modern sporting rifle."

I made a post elsewhere about the term Misused to describe the Sporting Rifles. I cringe every time I hear Assault Weapon.

Talk to your MD delegate. It is a legally defined term in MD.

Criminal Law 4-301(d) “Assault weapon” means:
(1) an assault long gun;
(2) an assault pistol; or
(3) a copycat weapon.

 

[Jim12]

I made a post elsewhere about the term Misused to describe the Sporting Rifles. I cringe every time I hear Assault Weapon.

I first posted about the misnomer and how it worked against us back in 2013 when FSA2013 was being foisted upon us. It fell on deaf ears.

We, and conservatives in general, tend to let the Left change and control the language and terminology of every debate, which puts us on defense from the get-go.

 

[Jim12]

Talk to your MD delegate. It is a legally defined term in MD.

Criminal Law 4-301(d) “Assault weapon” means:
(1) an assault long gun;
(2) an assault pistol; or
(3) a copycat weapon.

We should have challenged it then.

 

[Lalez]

Getting arrested now is just dumb. Won't help at all. For now, MD law remains in effect. Break it at your peril. Patience is a virtue here

I understand what you’re saying, I do. It does make sense “not to get arrested”.

However being afraid of the police leads to police states. When I moved from Maryland to FL in 2010 in my late 20’s, the first thing I noticed was that there weren’t police EVERYWHERE like there is in Maryland. Then gasp! I see my county sherrif on TV encouraging everyone to get CCW permits and firearms for home defense. I’m like “where the F am I?”. Not Maryland, or not in a police state no longer for better definition.

Point being, the SC just made the entire country defacto shall-issue. 25 states have Constitutional Carry. Until you Marylanders actually exercise your dam rights that the rest of the country exercises, well, simply put, you don’t have rights. So yea don’t do dumb shit and get arrested, but at some point you need to take risks or you will never have rights in that state.

Also in regards to patience, your state has been operating under an unconstitutional law for over 50 years now…patience is questionable

 

[esqappellate]

I understand what you’re saying, I do. It does make sense “not to get arrested”.

However being afraid of the police leads to police states. When I moved from Maryland to FL in 2010 in my late 20’s, the first thing I noticed was that there weren’t police EVERYWHERE like there is in Maryland. Then gasp! I see my county sherrif on TV encouraging everyone to get CCW permits and firearms for home defense. I’m like “where the F am I?”. Not Maryland, or not in a police state no longer for better definition.

Point being, the SC just made the entire country defacto shall-issue. 25 states have Constitutional Carry. Until you Marylanders actually exercise your dam rights that the rest of the country exercises, well, simply put, you don’t have rights. So yea don’t do dumb shit and get arrested, but at some point you need to take risks or you will never have rights in that state.

Also in regards to patience, your state has been operating under an unconstitutional law for over 50 years now…patience is questionable

We are going to get there. Soon I’m hoping. My point is not to get arrested when we are on the cusp of getting “may issue“ enjoined. Ditto for the AWB ban and the ban on so called LCMs. Lot of good lawyers working on this. we won a huge victory in the SCt in Bruen. Give the lawyers a chance to implement it And don’t acquire an arrest record in the meantime That’s dumb. And expensive cuz defense counsel aren’t cheap.

 

[esqappellate]

So remanded back we still are blocked? Why would all go back to prior until the court changes it? If things are status quo they can take their sweet time. If remanded the rule prior should be in affect. Fvck this crap

Patience.

 

[chilipeppermaniac]

I understand what you’re saying, I do. It does make sense “not to get arrested”.

However being afraid of the police leads to police states. When I moved from Maryland to FL in 2010 in my late 20’s, the first thing I noticed was that there weren’t police EVERYWHERE like there is in Maryland. Then gasp! I see my county sherrif on TV encouraging everyone to get CCW permits and firearms for home defense. I’m like “where the F am I?”. Not Maryland, or not in a police state no longer for better definition.

Point being, the SC just made the entire country defacto shall-issue. 25 states have Constitutional Carry. Until you Marylanders actually exercise your dam rights that the rest of the country exercises, well, simply put, you don’t have rights. So yea don’t do dumb shit and get arrested, but at some point you need to take risks or you will never have rights in that state.

Lalez, I know you are a pretty sharp cookie. SO, here is some reading material along with visual aids of some of our risk takers.

Patriot Picket Civil Rights Suit FILED!

There's a problem with giving forfeiture money to charitable or non-profit organisations; many such orgs have agendas that are unacceptable to many people. BLM would be one, any Soros-influenced org would be another. Red Cross is far from my favorite "charity" based on its treatment of its...

www.mdshooters.com

 

[chilipeppermaniac]

Patriot Picket Civil Rights Suit FILED!

It's GAME ON, fellow Patriots! As a consequence of being arrested on the public sidewalk adjacent to Lawyer's Mall at the Maryland Statehouse nine days ago, our civil rights lawsuit was filed in FEDERAL COURT just moments ago. My brother and I were gratified to have Maryland Shall Issue to...

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@Lalez
And

 

[Allen65]

Also in regards to patience, your state has been operating under an unconstitutional law for over 50 years now…patience is questionable

MD's carry law dates to 1973. NY's dates back to 1911, before a two thirds of the firearms in my safe were made. What's a few more months to methodically destroy the whole infringement architecture in a way that's going to result in a resilient and robust right to self defense for generations?

Law is the career field for those who would get motion sick being a geologist.

 

[chilipeppermaniac]

Talk to your MD delegate. It is a legally defined term in MD.

Criminal Law 4-301(d) “Assault weapon” means:
(1) an assault long gun;
(2) an assault pistol; or
(3) a copycat weapon.

My prior point some days ago was that ALL freaking weapons are ASSAULT weapons. THE definition of WEAPON is something that can be used to assault something/someone. A kitchen knife, a chainsaw. motor vehicle, chihuahua, Axe, block of wood, and on and on.

BAD Law, that 4-301(d), WHO wrote the definition? I guarantee it was not one of us.

 

[Presumptuous]

I just want to get these heavy ass barrels off my guns

 

[Allen65]

I just want to get these heavy ass barrels off my guns

Fluted HBARs aren't banned.