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

[teratos]

No, you're not. The law is being challenged and it just so happens that the AWB is a large portion of the law. If...when the law is struck down, it will be struck down in its entirety.

Yes, I am. Bianchi only mentions “assault weapons”. That’s all they are going to rule on. Read the case. This isn’t challenging mag capacity at all.

 

[Allen65]

Yes, I am. Bianchi only mentions “assault weapons”. That’s all they are going to rule on. Read the case. This isn’t challenging mag capacity at all.

Post-Bruen, SCOTUS also GVR'ed ANJPC v. Buck and Duncan v. Bonta. Both are magazine ban cases. Once those are settled, any case against MD's law should go quickly, assuming MD doesn't fold on enforcement as soon as those cases are decided. So while Bianchi doesn't ask for relief from the mag portion of FSA2013, we might get it in the same timeframe anyway depending on the timelines for the NJ and CA cases.

 

[teratos]

Post-Bruen, SCOTUS also GVR'ed ANJPC v. Buck and Duncan v. Bonta. Both are magazine ban cases. Once those are settled, any case against MD's law should go quickly, assuming MD doesn't fold on enforcement as soon as those cases are decided. So while Bianchi doesn't ask for relief from the mag portion of FSA2013, we might get it in the same timeframe anyway depending on the timelines for the NJ and CA cases.

I know about those, sorry you had to type so much. I’m strictly talking Bianchi. Their House of Cards is in for very strong winds. It’s fun watching.

 

[hodgepodge]

You had me at "Although ordinarily the appropriate course after reversing the district court’s order dismissing Plaintiffs’ suit would be to remand this case for further proceedings, that is neither necessary nor appropriate in this case."

 

[rambling_one]

Doesn't it seem like it's past time for the lower courts to respond to SCOTUS sending cases back?

 

[teratos]

Doesn't it seem like it's past time for the lower courts to respond to SCOTUS sending cases back?

There has been movement on some. I agree, not fast enough. These should be easy.

 

[FrankZ]

There has been movement on some. I agree, not fast enough. These should be easy.

Even a caveman could do it.

 

[Occam]

There has been movement on some. I agree, not fast enough.

I recommend complaining about the capricious case-by-case timing in the permit activity tracking banter thread.

 

[swinokur]

You’re killin me


Sent from my iPad using Tapatalk

 

[teratos]

I recommend complaining about the capricious case-by-case timing in the permit activity tracking banter thread.

Good plan. It should help.

 

[jcutonilli]

Doesn't it seem like it's past time for the lower courts to respond to SCOTUS sending cases back?

I am not aware of any court that has not moved forward with the GVR'd cases.

Young v HI has been remanded to the district court
Duncan v Bonta has a briefing schedule with the briefs due in a couple of days.
ANJRPC v Bruck has both sides letter briefs filed (10 August)
This case has a briefing schedule with the opening brief already filed.

 

[jcutonilli]

No, you're not. The law is being challenged and it just so happens that the AWB is a large portion of the law. If...when the law is struck down, it will be struck down in its entirety.

What is being challenge is documented in the complaint that is initially filed

MarylandAWban.com: Bianchi v. Brown - FPC Law 2A Challenge to Maryland's "Assault Weapons" Ban

MarylandAWban.com: Bianchi v. Brown is a FPC Law 2A lawsuit that seeks to strike down Maryland’s “assault weapons" ban

www.firearmspolicy.org

In the complaint they talk about all of the sections of the Criminal Law Article Title 4 Subtitle 3 except section 305. Subtitle 3 addresses "assault weapons", detachable magazines and "rapid fire trigger activators". Section 305 addresses detachable magazines and "rapid fire trigger activators". This means they are challenging the AWB, but not the mag or trigger portion of the law. The court will decide the case based on what has been challenged. The will not address the mag and trigger activator section because it has not been challenged.

https://d3n8a8pro7vhmx.cloudfront.net/firearmspolicycoalition/pages/5854/attachments/original/1606872456/2020-12-1-bianchi-v-frosh-complaint.pdf?1606872456

 

[rambling_one]

I am not aware of any court that has not moved forward with the GVR'd cases.

Young v HI has been remanded to the district court
Duncan v Bonta has a briefing schedule with the briefs due in a couple of days.
ANJRPC v Bruck has both sides letter briefs filed (10 August)
This case has a briefing schedule with the opening brief already filed.

"Respond" was a poor choice of words. I was referring to actual decisions. I know, patience is a virtue.

 

[jcutonilli]

Apparently Frosh applied for a 30 day extension, on Thursday, for their brief and was granted a 30 day extension until 12 Oct.

 

[teratos]

Apparently Frosh applied for a 30 day extension, on Thursday, for their brief and was granted a 30 day extension until 12 Oct.

What a dick.

 

[Boondock Saint]

He and the boys need more time to find more old, racist laws and make their defense against the monster that text, history, and tradition.

 

[boothdoc]

That he is.

 

[swinokur]

Release the Bruen!

 

[Allen65]

What a dick.

Frosh for asking, knowing he's only delaying the inevitable, or the judge for granting, knowing Frosh was only doing it to delay the inevitable?

 

[teratos]

Frosh for asking, knowing he's only delaying the inevitable, or the judge for granting, knowing Frosh was only doing it to delay the inevitable?

Both.
Frosh has earned my undying disrespect and scorn.