Will the New York ruling ever take place in MD?

[kshaw]

Exactly

Exactly! Made that point in another recent post. People probably forgot what it was like having a Democrat not only willing to sign any and everything but also outright cheerleading and demanding that every and all manner of infringement be passed under the B/S guise of "common sense gun safety" or whatever bullcrap term they will be using. MOM pushed hard, and I suspect the next Dem is going to be even worse, particularly given the recent ruling and of course Uvalde. Get ready.

I am a little more optimistic on stopping gun control in the future. The recent NYC case, in addition to ending "may-issue", also established "strict scrutiny" for all future control efforts. That will be a high bar to overcome and the District Courts and Court of Appeals will be required to use that standard. I am hopeful, as the courts evaluate whether a particular law fails "strict scrutiny" that they research other states that have those same restrictions and specifically invalidates those as well if they can.

 

[BurkeM]

I don't post often. I live in Montgomery county, right in the middle of the blue. When I walk my dog here, I often run into gangs. Some good, some not so friendly toward my dog that barks a lot. That's why I take him out at night. There have been things that bother me to the point where having some backup would make me feel better.

Sign up for the 16 hour training class, apply for your handgun permit.

Just do it.

 

[Allen65]

I am a little more optimistic on stopping gun control in the future. The recent NYC case, in addition to ending "may-issue", also established "strict scrutiny" for all future control efforts. That will be a high bar to overcome and the District Courts and Court of Appeals will be required to use that standard. I am hopeful, as the courts evaluate whether a particular law fails "strict scrutiny" that they research other states that have those same restrictions and specifically invalidates those as well if they can.

The THT test that Thomas and the rest of the majority adopted is actually tighter than strict scrutiny. Strict scrutiny still allows some interest balancing, albeit on a very narrow basis. THT allows no interest balancing at all. So state arguments of public safety should, in theory, have no bearing on how a case affecting the core of the right is decided.

I think the choice of so stark a standard was based on the history of abuse of wiggle room left in Heller, by states and lower courts over the years.

 

[BurkeM]

With Woolard still controlling in CA4, believe a new case citing NYSRPA will be needed

Call v Jones is pending in 4CT, it’s on point.
The NYSRPA decision will be introduced in the latest briefs.

That would settle the issue in the 4th.

 

[Allen65]

Call v Jones is pending in 4CT, it’s on point.
The NYSRPA decision will be introduced in the latest briefs.

That would settle the issue in the 4th.

Problem is that case isn't scheduled to be heard until at least September.

 

[BurkeM]

Problem is that case isn't scheduled to be heard until at least September.

It’s probable that they will read the filing for SUMMARY JUDGMENT, citing NYSRPA, and issue an order without further discussion.

Frosh can’t possibly file anything but a whiny emotional screech in rebuttal to the Thomas decision.

 

[Allen65]

It’s probable that they will read the filing for SUMMARY JUDGMENT, citing NYSRPA, and issue an order without further discussion.

Frosh can’t possibly file anything but a whiny emotional screech in rebuttal to the Thomas decision.

Here is the court schedule for filing briefs, as of 24 June, so it's post-Bruen:
https://www.marylandshallissue.org/jmain/documents?task=download.send&id=353&catid=4&m=0

And MDAG has made a bad habit in past 2A cases of asking for, and getting, extension after extension. I could see him trying to drag things out, other than the G&S issue which is dead and buried, until MGA is in session and can pass emergency legislation to add additional suckage to the application process. And that might require an entirely new suit or at least set of claims, resetting the clock. A new MDAG will take Frosh's place in January, giving an excuse for even more extensions.

Yeah, I know, I have acute BGOS. But even with my BGOS, I strongly believe we'll prevail completely, eventually, and we'll have national CONCarry or something equivalent. It's nice to see the other side truly on the defensive, finally. It's been a long time coming and they've earned their smackdown.

 

[beavisman1]

I am a little more optimistic on stopping gun control in the future. The recent NYC case, in addition to ending "may-issue", also established "strict scrutiny" for all future control efforts. That will be a high bar to overcome and the District Courts and Court of Appeals will be required to use that standard. I am hopeful, as the courts evaluate whether a particular law fails "strict scrutiny" that they research other states that have those same restrictions and specifically invalidates those as well if they can.

The new legal precedent is actually THT not strict scrutinty. Arguably, THT is a higher standard of review from my understanding.

 

[CosmosJames]

I don't post often. I live in Montgomery county, right in the middle of the blue. When I walk my dog here, I often run into gangs. Some good, some not so friendly toward my dog that barks a lot. That's why I take him out at night. There have been things that bother me to the point where having some backup would make me feel better.

I know your pain; I grew up in Bethesda, went o Whitman ('82).

 

[Threeband]

Please explain THT.

A search yields only endless links to typos.

 

[teratos]

Please explain THT.

A search yields only endless links to typos.

Text, history, tradition. It’s the new test for whether something runs afoul of the 2A. It’s a step higher than strict scrutiny.

 

[Threeband]

How does such a test proceed?

 

[whistlersmother]

I am of the opinion that all of MD bans will fall.

Don't know about the long gun background check, nor the HQL.

But non-HBAR ban, mag buying/transferring, handgun roster, etc I think will be stuck down.

 

[teratos]

How does such a test proceed?

.

A long, but thorough read on the topic. I know you will probably enjoy it. It’s important to understand, I think.

“Text, History, and Tradition” as a Three-Part Test | Second Thoughts

sites.law.duke.edu

 

[Threeband]

.

A long, but thorough read on the topic. I know you will probably enjoy it. It’s important to understand, I think.

“Text, History, and Tradition” as a Three-Part Test | Second Thoughts

sites.law.duke.edu

Is there a Latin version available?

 

[teratos]

Is there a Latin version available?

Only Ancient Greek.

 

[Threeband]

I started to teach myself Koine once, long ago. Made flash cards to learn the case inflexions.

That post doesn't provide much practical guidance on the application of THT. I do like the ending, though. The writer worries that THT could be used to head off promising new approaches such as microstamping or one gun a month laws. Guess we know where he's coming from!

 

[dblas]

I am a little more optimistic on stopping gun control in the future. The recent NYC case, in addition to ending "may-issue", also established "strict scrutiny" for all future control efforts. That will be a high bar to overcome and the District Courts and Court of Appeals will be required to use that standard. I am hopeful, as the courts evaluate whether a particular law fails "strict scrutiny" that they research other states that have those same restrictions and specifically invalidates those as well if they can.

Go read the ruling, scrutiny of any kind is off the table. It is straight historical review. Nothing more, nothing less, and of story.

 

[teratos]

I started to teach myself Koine once, long ago. Made flash cards to learn the case inflexions.

That post doesn't provide much practical guidance on the application of THT. I do like the ending, though. The writer worries that THT could be used to head off promising new approaches such as microstamping or one gun a month laws. Guess we know where he's coming from!

I liked it. I did a LOT of drugs in the 60’s.

 

[TheBert]

Go read the ruling, scrutiny of any kind is off the table. It is straight historical review. Nothing more, nothing less, and of story.

Shouldn’t that apply to all constitutional rights now. Thomas said the 2A is first class right along with all of the others.