Maryland's Assault Weapons Ban Under Judicial Attack

[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.

[Bmac]

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

You know, just to be sure.

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.

^^^ 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.

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

[Rucker61]

^^^ I love this guy*







*disclaimer- no homo

Not that there's anything wrong with that.