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

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  • Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,366
    White Marsh
    SCOTUS vacated and remanded a Federal case in Mass that said, among other things, that you need a state license to buy/own a gun in light of the Bruen case. That case is Morin v. Lyver. That means MD HQL is illegal.

    That's not quite accurate. HQL is still the law of the land in MD. Its days are numbered, though.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,230
    Montgomery County
    The court was asked about "good cause" stipulation in Bruen, and we got more than that out of the decision.
    Not really, not in the way of the actionable parts of a ruling. What we got was a specific response to the circumstances of the case at hand in NYRSP v Bruen, and Thomas provided a ruling that WILL (but no already has, with a couple of exceptions in other cases) provide the ammo that litigators will need to go after other infringements. But the infringements themselves stand tall and obnoxious despite Bruen, until put through the litigation Thunderdome.
     

    FrankZ

    Liberty = Responsibility
    MDS Supporter
    Oct 25, 2012
    3,334
    Not really, not in the way of the actionable parts of a ruling. What we got was a specific response to the circumstances of the case at hand in NYRSP v Bruen, and Thomas provided a ruling that WILL (but no already has, with a couple of exceptions in other cases) provide the ammo that litigators will need to go after other infringements. But the infringements themselves stand tall and obnoxious despite Bruen, until put through the litigation Thunderdome.
    I think the important bit we got out of the decision is the roadmap oh how 2A should be approached. That wasn't part of the original question.

    It did not wipe out infringing laws, but it should be the ammunition to get other things, like assault weapons bans, struck.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,172
    Outside the Gates
    SCOTUS vacated and remanded a Federal case in Mass that said, among other things, that you need a state license to buy/own a gun in light of the Bruen case. That case is Morin v. Lyver. That means MD HQL is illegal.
    It will be illegal when the MA case gets reheard and MD's class is held up to the same light. HQL is still law in MD.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Here is MD's supplemental brief for this case.
     

    Attachments

    • MD supplemental brief.pdf
      1.1 MB · Views: 112

    wpage

    Ultimate Member
    Oct 17, 2022
    1,907
    Southern Delaware
    Until we "the people" get off our buns and vote the left wing nuts out. We "the people" will be stuck with what we have now...

    Get out the vote for the RIGHT.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,354
    SoMD / West PA
    66 pages of legalese. Any synopsis?



    .

    Sent from my SM-G781U using Tapatalk
    Maxwell Smart voice: "Missed it by that much!"

    Frosh tried to go back to history, but could not reach the 1791 cutoff date as Thomas laid out for the text, history, tradition test.
     

    Decoy

    Ultimate Member
    MDS Supporter
    Mar 2, 2007
    4,926
    Dystopia
    So by Frosh's logic the 2A doesn't apply to women or anyone over 45 because they were not fit for militia service.
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,646
    Carroll Co.
    Frosh just be grasping for anything. He found a total of five states that banned especially dangerous weapons. Five….

    Between 1771 and 1895, at least five States banned trap guns, spring guns, and guns rigged to discharge by added mechanisms like strings or ropes, suggesting that those modifications heightened the danger posed by the guns above and beyond their ordinary potential.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    Easiest way to torpedo Frosh's arguments is to note that the legal requirement for militia training in the 1790s was not tied in any way to being allowed to purchase or possess a firearm or ammunition.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,154
    Easiest way to torpedo Frosh's arguments is to note that the legal requirement for militia training in the 1790s was not tied in any way to being allowed to purchase or possess a firearm or ammunition.
    And the militia were required to already have their own firearms and ammunition and to bring them to training.
     

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