What are our chances, realistically?

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  • Glock30Eric

    Banned
    BANNED!!!
    Apr 4, 2013
    182
    Zero chance with Prince Frederick, Montgomery, and Baltimore County. They out vote us in the popular votes. The only way to save our 2A is to dump those counties into DC or secession those counties. West MD to join W.VA, South and East MD to join VA, and North MD to join PA.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    To get it reversed .... this above.

    If and it makes it to SCOTUS it will be about one provision. Then the house/senate will change the wording on that one thing or replace it with two different ones and you have to start the litigating process all over again.

    Sent from my DROID RAZR using Tapatalk 2


    Not hardly.the court will answer the questions raised. Tactically the more you challenge the harder it is to win a clear decusuon . So they bring narrow cases. But the same law can have multiple narrow challenges. It will take time,but the delay is cause more often by the courts deliberate foot dragging. This is why injunctions are issues to prevent additional harm.

    As this case directly affects the ownership in the home, it flies into the teeth of heller..

    So its not a bad as you make it sound.

    IANAL
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,783
    Some parts have a better chance than others.

    The AWB would seem to fail the "Common Use" test put forward in Heller thus making it vulnerable.

    We don't have much case law on the other aspects of the bill.

    As for referendum, OCCBrain has a great post on what would have to be overcome.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,898
    Rockville, MD
    The AWB would seem to fail the "Common Use" test put forward in Heller thus making it vulnerable.
    I don't know if I agree. They over-reached in banning AR-15s, but the rest of it... it's not an easy challenge. AKs are simply not in "common use". Folding stocks and grenade launchers aren't either.
     

    Brooklyn

    I stand with John Locke.
    Jan 20, 2013
    13,095
    Plan D? Not worth the hassle.
    I don't know if I agree. They over-reached in banning AR-15s, but the rest of it... it's not an easy challenge. AKs are simply not in "common use". Folding stocks and grenade launchers aren't either.

    Common use is not the correct test. It was sufficient for that case so it was not pursued. I do not wish to speculate now that we are likely heading for court.... but there is a very good case that can be made. It may still not fly, but that will be court politics.
     

    Rabu Rabu

    Operatoroperatoroperator
    Sep 10, 2012
    334
    Cambridge, MD
    Court would probably be more likely to loosen the AWB if not remove it because of all the businesses here that would die or have to move because of the ban, they understand income better than O'Mommy and his cronies.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,966
    Bel Air
    They can look at the Miller decision which indicated that firearms in use by the military were protected. Maybe we can all get M4's (with a happy switch) for $1000 a pop.....
     

    dogbone

    Ultimate Member
    Nov 14, 2011
    2,981
    GTT - Gone To Texas
    They can look at the Miller decision which indicated that firearms in use by the military were protected. Maybe we can all get M4's (with a happy switch) for $1000 a pop.....

    If only you had a red suit and a fluffy white beard instead of amazing hair...

    A logical decision from the 9 vestal virgins is as likely as Santa Claus being real but even at those long odds, still way better than we would fair with letting the masses put it to a vote, especially after a Bloomberg financed ad campaign.
     

    DavidMS

    Member
    Feb 23, 2013
    84
    Fairfax VA
    Realistic Chances?

    I am guessing that the banning of specific firearms like the AR15 will not survive challenge. The magazine ban is vulnerable because standard capacity magazines are in common use, perticulary for pistols. The fingerprint requirement not so sure on. As for the mental health disqualification, I don't know if its changeable but its bad policy and the therapists will probably be allies in repealing it.

    New York has it lucky in one regard, it looks like the governor abused the legislative process which makes it easier to make the whole thing go away.
     
    Feb 28, 2013
    28,953
    I don't know if I agree. They over-reached in banning AR-15s, but the rest of it... it's not an easy challenge. AKs are simply not in "common use". Folding stocks and grenade launchers aren't either.

    The only 3 boat anchors holding this state down are Balt. City, P.G., and Montgomery counties. Working the public anywhere else is pointless, since that's where 99% of the legislators are from that imposed this crap on the rest of us.

    The other issue is the "copycat" thing, which should work in our favor, since I have yet to see an AR with a folding stock.
     

    sajidakh

    Active Member
    Dec 28, 2010
    982
    Jersey, Mass, CA and NY Had draconian laws like this for years. No successful challenges to them. Yea, we're ****ed
     

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