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

[teratos]

My 50/50 bet is that maryland based on the statements of does this apply to ar15's only vs the whole ban. They take a loss and allow Ar's and try to have the case mooted.

A quick change of the law to allow AR's ( maybe Ak's ), as they are obviously common use, they cant fight that. But keep the rest so the ban is still effective for a lot of guns they dont like. Its easier to fight HK94 and 91's ( or many other guns ) as they are not as common as ar's.

This also lets other states be able to fight their bans the same way. If MD fights it all the way and looses it goes to scotus and you know their afraid of that. Other states will pull what happened with some of NY laws and say give up so we dont all take a loss.

Common use for specific models shouldn't even be a thing. Is it an arm useful in fighting tyranny? Great.

 

[elwojo]

It is currently in the federal 4th Circuit. It would have to be sent back to the Federal District Court of Maryland. I am praying that is NOT the case, no more discovery is needed, and they strike the entire assault weapon ban right here and right now.

Ugh. District. You're absolutely correct.

Maryland's AAG definitely was of the opinion that more discovery was needed (because apparently there needs to be evidence that "assault weapons" are in common use). It was brought up that other decisions did not follow the usual pathways (e.g. Caetano), so the judges did leave a clear avenue to settle the matter now.

I do like the idea of having the Circuit Court provide a substantial ruling, giving lower courts more explicit guidance on how to handle these matters. But an en banc ruling could go the other way on that just as easily as this potential 2-1 ruling. It was clear that a few in the court room thought that Bruen's standards and the Heller "two-step" could co-exist at the same time for different purposes.

 

[scottyfz6]

It would have to be sent back to the Federal District Court of Maryland. I am praying that is NOT the case, no more discovery is needed,

This is about delay, they figure if they delay long enough we either give up or they get Scotus back

Common use for specific models shouldn't even be a thing. Is it an arm useful in fighting tyranny? Great.

I agree 100%, they dont thou

Maryland's AAG definitely was of the opinion that more discovery was needed (because apparently there needs to be evidence that "assault weapons" are in common use).

Again this is all about delay, see my reply above

 

[win296]

My 50/50 bet is that maryland based on the statements of does this apply to ar15's only vs the whole ban. They take a loss and allow Ar's and try to have the case mooted.

A quick change of the law to allow AR's ( maybe Ak's ), as they are obviously common use, they cant fight that. But keep the rest so the ban is still effective for a lot of guns they dont like. Its easier to fight HK94 and 91's ( or many other guns ) as they are not as common as ar's.

This also lets other states be able to fight their bans the same way. If MD fights it all the way and looses it goes to scotus and you know their afraid of that. Other states will pull what happened with some of NY laws and say give up so we dont all take a loss.

This would be the smart logical thing for them to do. They are not, however, using logic. They are acting off emotion.

Expect them to do the dumbest things this next session.


Sent from my iPhone using Tapatalk Pro

 

[Jaybeez]

Ugh. District. You're absolutely correct.

Maryland's AAG definitely was of the opinion that more discovery was needed (because apparently there needs to be evidence that "assault weapons" are in common use). It was brought up that other decisions did not follow the usual pathways (e.g. Caetano), so the judges did leave a clear avenue to settle the matter now.

I do like the idea of having the Circuit Court provide a substantial ruling, giving lower courts more explicit guidance on how to handle these matters. But an en banc ruling could go the other way on that just as easily as this potential 2-1 ruling. It was clear that a few in the court room thought that Bruen's standards and the Heller "two-step" could co-exist at the same time for different purposes.

They want it back at state level court because they know they will lose. A loss in state court means the loss only applies to md. A loss at the 4th circuit means it applies in the entire 4th circuit.

They want a loss at state court, that can then be overturned if and when scotus is more favorable to bans.

 

[whiskey3]

4th Circuit weighs constitutionality of Maryland's assault-style weapons ban - Maryland Daily Record

Listen to this article A federal appeals court panel appears poised to strike down Maryland’s ban on semiautomatic assault-style weapons as unconstitutional in light of a recent Supreme Court decision and based on the argument that the firearms are commonly used by law-abiding citizens for...

thedailyrecord.com

 

[dblas]

im buying the nicest M-1 Carbine with a folding stick money can buy as soon as this BS law goes away!!!!!

You can buy that today.

 

[JollyPedro]

You can buy that today.

I though the carbine was banned??

 

[Boxcab]

I suppose we need a big sign with the following printed on it...

JUSTICE THOMAS delivered the opinion of the Court:
In Heller and McDonald, we held that the Second and Fourteenth Amendments protect an individual right to keep and bear arms for self-defense. In doing so, we held unconstitutional two laws that prohibited the possession and use of handguns in the home. In the years since, the Courts of Appeals have coalesced around a “two-step” framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. Today, we decline to adopt that two-part approach. In keeping with Heller, we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s “unqualified command.”

 

[sleev-les]

If this goes the way, it should I’m buying something. Just don’t know what. Maybe an M1A.

 

[Doctor_M]

I though the carbine was banned??

Nope... you just can't buy the standard magazines.

 

[Gmercury2000]

I though the carbine was banned??

Nope, actually picked one up a few years ago locally. I had thought the same but was told by the store it was GTG.

 

[IronEye]

Perhaps you are confusing the M1 Carbine with the Ruger Mini14?
Mini-14 with standard stock - GTG.
Mini-14 with folding stock - banned - too heinous to even contemplate.

 

[JollyPedro]

Nope, actually picked one up a few years ago locally. I had thought the same but was told by the store it was GTG.

good to know!!!!

 

[Biggfoot44]

That is probably ballpark of the average.

That said, market forces and all of that, it is possible for a married couple to do it for more like $500-700 and somewhat less every 3 years (it isn't every 2. It is 2-3 years for the first time, then 3 years after that). You certainly have to do some bargain hunting to get there though. I agree, it is a very hard economic pill to swallow, especially for poor or lower middle-class people (hell, I am upper middle class and it still wasn't a throw away cost). Just doing some quick poking, most places seem to be charging about 2/3rds the cost for a renewal class as the full 16hr class. Plus the renewal MSP fee is $50, not $75. And no new fingerprints required, which saves a further $60-100.

So really, on a renewal you are looking at more in the ballpark of $500-600 average for a couple to renew, versus around $800-1000 as the average cost to get the permit to start with. Bargain shopping could likely have the renewal at $350-500 on a renewal and $500-700 on a new permit for a couple.

Of note, in regards to public corruption convictions, there is actually no clear indication that gun restrictions have an iota to do with it.

The Most Corrupt States In America [Infographic]

The United States saw close to 20,000 public corruption convictions over the past decade.

www.forbes.com

The top states are mixed bag of almost no gun restrictions and heavy gun restrictions. And frankly, I don't think you can include DC in it has its the seat of power, and the most likely to attract such convictions. Especially since many federal public corruption cases will be handled by the DC federal courts (such as trials for Congressmen), but it is reported per inhabitant.

If you look at DC , the actual Municipality , as opposed to symbolic representation of the Federal Government ;

DC Gov't is Extremely incompetent and extremely corrupt .

 

[dblas]

I though the carbine was banned??

Nope, cash and carry, has been forever.

 

[delaware_export]

Maybe the Bianchi attorney should have done less arguing of distractive points and more quoting of bruen, like where they say analogous historical treatment must be proven, and the state must prove it.

and the lady judge seemed to think that EVERY one of these guns is being used to shoot up walmarts. Said so herself.

 

[fishgutzy]

That is probably ballpark of the average.

That said, market forces and all of that, it is possible for a married couple to do it for more like $500-700 and somewhat less every 3 years (it isn't every 2. It is 2-3 years for the first time, then 3 years after that). You certainly have to do some bargain hunting to get there though. I agree, it is a very hard economic pill to swallow, especially for poor or lower middle-class people (hell, I am upper middle class and it still wasn't a throw away cost). Just doing some quick poking, most places seem to be charging about 2/3rds the cost for a renewal class as the full 16hr class. Plus the renewal MSP fee is $50, not $75. And no new fingerprints required, which saves a further $60-100.

So really, on a renewal you are looking at more in the ballpark of $500-600 average for a couple to renew, versus around $800-1000 as the average cost to get the permit to start with. Bargain shopping could likely have the renewal at $350-500 on a renewal and $500-700 on a new permit for a couple.

Of note, in regards to public corruption convictions, there is actually no clear indication that gun restrictions have an iota to do with it.

The Most Corrupt States In America [Infographic]

The United States saw close to 20,000 public corruption convictions over the past decade.

www.forbes.com

The top states are mixed bag of almost no gun restrictions and heavy gun restrictions. And frankly, I don't think you can include DC in it has its the seat of power, and the most likely to attract such convictions. Especially since many federal public corruption cases will be handled by the DC federal courts (such as trials for Congressmen), but it is reported per inhabitant.

Re: Corruption. The lowest rates of corruption prosecutions tend to occur if the states with the highest rates of public corruption. The only people that get prosecuted in those states tend to be low level that didn't kick up enough. Even the US Attorney for SDNY won't touch any of the higher level corruption.
Prosecution rates don't correlate to actual rates of public corruption. States with the lowest tolerance for public corruption will tend to have the highest level of prosecution.
Ask anyone who runs a business in New Jersey if The Sopranos was a docudrama.

 

[teratos]

Nope, cash and carry, has been forever.

The M1 Carbine is not a weapon of war. Duh.

 

[lazarus]

Re: Corruption. The lowest rates of corruption prosecutions tend to occur if the states with the highest rates of public corruption. The only people that get prosecuted in those states tend to be low level that didn't kick up enough. Even the US Attorney for SDNY won't touch any of the higher level corruption.
Prosecution rates don't correlate to actual rates of public corruption. States with the lowest tolerance for public corruption will tend to have the highest level of prosecution.
Ask anyone who runs a business in New Jersey if The Sopranos was a docudrama.

Even if that is the case, then if you flip it and the states with the highest convictions for public corruption have the lowest amount of it, it is still a mixed bag of states with little gun control, and those with onerous.

My point, and the state corruption index backs it up, there is no apparent correlation between public corruption and gun control. Gun control sometimes DOES result in public corruption. See all of the license to carry for money schemes that have been busted over the years. But legislating gun control in and of itself does not appear to have any link to the corruption going on in government otherwise.