Maryland's Assault Weapons Ban Under Judicial Attack

[Rucker61]

https://www.washingtonpost.com/local/public-safety/appeals-court-decision-casts-doubt-on-marylands-assault-weapons-ban/2016/02/04/8a234240-cb59-11e5-88ff-e2d1b4289c2f_story.html

"A federal appeals court on Thursday cast doubt on the legality of Maryland’s 2013 ban on assault weapons and high-capacity magazines passed after the mass shootings at an elementary school in Newtown, Conn.The 2-1 decision by a panel of the U.S. Court of Appeals for the 4th Circuit sends the gun-control law back to a lower court for review because it “implicates the core protection of the Second Amendment.”
In its majority opinion, written by Chief Judge William B. Traxler Jr., the court found that the Maryland law “significantly burdens the exercise of the right to arm oneself at home.”"

"In a strongly worded dissent, Judge Robert B. King wrote: “Let’s be real: The assault weapons banned by Maryland’s [law] are exceptionally lethal weapons of war” and as such, he said, not constitutionally protected."

How can a jurist reviewing a decision on firearms not be familiar with the SCOTUS decision US v Miller: In United States v. Miller (1939), the Supreme Court ruled that the federal government and the states could limit any weapon types not having a “reasonable relationship to the preservation or efficiency of a well-regulated militia”?

[Honey Badger282.8]

Saw this on Facebook, this is great news.

[Aloha_Shooter]

How can a jurist reviewing a decision on firearms not be familiar with the SCOTUS decision US v Miller: In United States v. Miller (1939), the Supreme Court ruled that the federal government and the states could limit any weapon types not having a “reasonable relationship to the preservation or efficiency of a well-regulated militia”?

Because the liberals took over the law schools a couple decades ago and started teaching would-be lawyers and jurists to behave like the Red Queen and make words mean what they want them to mean. The good news is that 2 of the 3 judges appeared to have a better understanding.

[BPTactical]

It will go to the SCOTUS just in time for Chief Justice JugEars......

[Bailey Guns]

It will go to the SCOTUS just in time for Chief Justice JugEars......

Every party needs a pooper....

[cstone]

I am happy to see this decision.

I am unhappy to see state and local legislation overturned by federal courts. This can just as easily be seen as legislation from the bench.Hopefully the SCOTUS will decide the issue in favor of the plain meaning of the Constitution, however, I learned long ago that courts are often fickle things and rarely does anyone get what they expect in a decision.

The People's Republic of Maryland will remain a One Party state and the oligarchy in Annapolis will continue to feed the majority of voters the benefits of socialism regardless of what the Constitution states.

The despot's heel is on thy shore, Maryland, My Maryland!

[Great-Kazoo]

The despot's heel is on thy shore, Maryland, My Maryland!

Yes indeed. Seems The Old Line State is holding the line,of repression

"Fatti maschil, Parole femine "

[KestrelBike]

I really liked this writeup to explain the intermediate/strict scrutiny applications: http://legalinsurrection.com/2016/02/big-2a-win-4th-circuit-applies-strict-scrutiny-to-maryland-gun-control-law/

[Rucker61]

I really liked this writeup to explain the intermediate/strict scrutiny applications: http://legalinsurrection.com/2016/02/big-2a-win-4th-circuit-applies-strict-scrutiny-to-maryland-gun-control-law/

Very interesting read. It will be interesting, in the event SCOTUS tackles the subject, to see how this ruling and the Friedman ruling compare, given the ludicrous position of the majority in Friedman.

[Zundfolge]

So isn't there currently a law suit against the new CO gun laws? If so will this Maryland ruling have any impact on the case?

[Rucker61]

So isn't there currently a law suit against the new CO gun laws? If so will this Maryland ruling have any impact on the case?

IANAL, but the biggest point is the strict/intermediate scrutiny application. In the link provided by KB, the author points out: "In a nutshell, then, if intermediate scrutiny is applied to almost any law, the law survives. If strict scrutiny is applied to almost any law, the law falls." and "It is a true oddity of constitutional law that the rights enumerated in the Constitution are almost invariably privileged to strict scrutiny–except for the rights enumerated in the Second Amendment."

Given these two points, almost any current gun restriction could be found to be unconstitutional under a strict scrutiny interpretation. Whether that happens or not is still to be seen.

[spqrzilla]

Colorado is not in the Fourth Circuit.

[cstone]

Colorado is not in the Fourth Circuit.

Correct. Maryland is in the Fourth and Colorado is in the Tenth Circuit.

[MAP]

"In a strongly worded dissent, Judge Robert B. King wrote: “Let’s be real: The assault weapons banned by Maryland’s [law] are exceptionally lethal weapons of war” and as such, he said, not constitutionally protected."



If they weren't what use would they be to 2nd amendment?

Mike

[cstone]

If you are going to use lethal force, I suggest that you make it exceptionally lethal.

You know, just to be sure. [facepalm]

[Bmac]

If you are going to use lethal force, I suggest that you make it exceptionally lethal.

You know, just to be sure. [facepalm]


EXACTLY!!

[izzy]

Something is either lethal or it's not, no more no less. Reminds me of Princess Bride, "He's only mostly dead.".

[BPTactical]

If you are going to use lethal force, I suggest that you make it exceptionally lethal.

You know, just to be sure. [facepalm]

^^^ I love this guy*







*disclaimer- no homo

[brutal]

If you are going to use lethal force, I suggest that you make it exceptionally lethal.

You know, just to be sure. [facepalm]

So what you're saying is it's best to make something MORE dead right?

[LOL]

[Rucker61]

^^^ I love this guy*







*disclaimer- no homo

Not that there's anything wrong with that.

[TFOGGER]

a quick map of where this thread is headed...


http://dudelol.com/DO-NOT-HOTLINK-IMAGES/If-you-post-quotHow-to-make-a-left-turnquotthreads-Do-this.jpg

[Irving]

To the Low Tide Cafe?