Ruling In Maryland’s “Assault Weapons” Case Could Gut Gun Control Nationwide

[RedWriter2015]

From Bob Owens at BEARINGArms.com -

In what has to be viewed as a major victory for gun owners, the United States Court of Appeals for 4th Circuit ruled that lower court judge in Kolbe V. Maryland must apply the standard of strict scrutiny in reviewing the case about Maryland’s “assault weapon” ban, duplicitously called the Firearms Safety Act (FSA).

Laws banning “assault weapons” in Maryland and in other states with “anti-gun” legislatures have typically been upheld when lower court judges—almost universally gun-hating activist liberals—have cheated We, The People by applying the much lower standard of intermediate scrutiny.

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More at:

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[SR9]

I wouldn't hold my breath in MD. All that needs to happen is for the judge in the lower court be a Liberal Democrat, and you will be dead in the water.

 

[BluesStringer]

I wouldn't hold my breath in MD. All that needs to happen is for the judge in the lower court be a Liberal Democrat, and you will be dead in the water.

The ruling is from the Fourth Circuit Court of Appeals. They are only "lower" than the Supreme Court, which this ruling will almost certainly make it to and finally get ruled on under the strict scrutiny doctrine, hopefully in favor of the unabridged, full width and breadth, of the Second Amendment. If that happens, even your Utopian national reciprocity law would go the way of the dinosaur, and only people who commit crimes with guns would be controlled, not the guns themselves. "Prohibited people" would only be those who are incarcerated. Just like they get their 1st, 4th and 5th Amendments restored upon release from prison, so too would they get their 2nd A. rights restored, because that's the difference between The People having a fundamental right decided under the strict scrutiny doctrine, and intermediate or lesser scrutiny as the 2A has always been decided by up until yesterday.

I know you're probably bummed, SR9, but this is a great day for true Patriots to The Constitution and rule of law that it sits as the Supreme arbiter of in this country.

Blues

 

[NavyLCDR]

One must remember that the outcome of "strict scrutiny" depends largely upon whom is doing the scrutinizing.

 

[Bikenut]

One must remember that the outcome of "strict scrutiny" depends largely upon whom is doing the scrutinizing.

Indeed! Just because there is a new standard for infringing that appears to favor the right to keep and bear arms doesn't mean the infringing will come to an end.

 

[DavidWhite]

I wouldn't hold my breath in MD. All that needs to happen is for the judge in the lower court be a Liberal Democrat, and you will be dead in the water.

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[SR9]

Link Removed

I could say the same for you, but I realize you speak out of ignorance!

 

[DavidWhite]

I could say the same for you, but I realize you speak out of ignorance!

Says the gun control freak!

Thank god that your time on this planet is limited...

Awake yet SR9?



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[SR9]

The only guns I control are mine.

 

[anvil6]

GROAN. Here you go again. The "Ruling" was by a THREE-JUDGE PANNEL of the Court.
Upon almost-certain appeal by the State, it will go before the FULL Court, where the panel decision may or (more likely) may not stand.

 

[AmericanHero!]

The ruling is from the Fourth Circuit Court of Appeals. They are only "lower" than the Supreme Court, which this ruling will almost certainly make it to and finally get ruled on under the strict scrutiny doctrine, hopefully in favor of the unabridged, full width and breadth, of the Second Amendment. If that happens, even your Utopian national reciprocity law would go the way of the dinosaur, and only people who commit crimes with guns would be controlled, not the guns themselves. "Prohibited people" would only be those who are incarcerated. Just like they get their 1st, 4th and 5th Amendments restored upon release from prison, so too would they get their 2nd A. rights restored, because that's the difference between The People having a fundamental right decided under the strict scrutiny doctrine, and intermediate or lesser scrutiny as the 2A has always been decided by up until yesterday.

I know you're probably bummed, SR9, but this is a great day for true Patriots to The Constitution and rule of law that it sits as the Supreme arbiter of in this country.

Blues

I hope that you are right but Maryland is the most liberal state that ever libbed. I have lived within 15 minutes of VA/MD border most of my life and it's pretty much an extension of DC. Again, I hope you are right.

 

[BluesStringer]

I wouldn't hold my breath in MD. All that needs to happen is for the judge in the lower court be a Liberal Democrat, and you will be dead in the water.

The ruling is from the Fourth Circuit Court of Appeals. They are only "lower" than the Supreme Court, which this ruling will almost certainly make it to and finally get ruled on under the strict scrutiny doctrine, hopefully in favor of the unabridged, full width and breadth, of the Second Amendment. If that happens, even your Utopian national reciprocity law would go the way of the dinosaur, and only people who commit crimes with guns would be controlled, not the guns themselves. "Prohibited people" would only be those who are incarcerated. Just like they get their 1st, 4th and 5th Amendments restored upon release from prison, so too would they get their 2nd A. rights restored, because that's the difference between The People having a fundamental right decided under the strict scrutiny doctrine, and intermediate or lesser scrutiny as the 2A has always been decided by up until yesterday.

I know you're probably bummed, SR9, but this is a great day for true Patriots to The Constitution and rule of law that it sits as the Supreme arbiter of in this country.

One must remember that the outcome of "strict scrutiny" depends largely upon whom is doing the scrutinizing.

Indeed! Just because there is a new standard for infringing that appears to favor the right to keep and bear arms doesn't mean the infringing will come to an end.

I hope that you are right but Maryland is the most liberal state that ever libbed. I have lived within 15 minutes of VA/MD border most of my life and it's pretty much an extension of DC. Again, I hope you are right.

I don't expect you to know this, AmericanHero, but I'm surprised Bikenut and Navy didn't pick up on the fact that my post addressed to SR9 was totally tongue in cheek. SR9 is a big believer in gun control laws that he's OK with, but that those of us who believe in a literal reading of the Second Amendment will never be OK with. Many of us, Bikenut and Navy included, have spent the last several months trying to explain to SR9 the potential for 2A disaster should the fed get their hooks into that amendment via the Commerce Clause, which is the constitutional basis for several national reciprocity bills that SR9 has been advocating for over the last few months. He refuses to even try to understand our arguments, so blinded by a usurpation that benefits him personally is he that showing him the light is impossible. Of course, he thinks the same of us, but the difference is, he is very careless in his linking to sites or articles that ostensibly support his rationale for offering them, while we have given example after example of well-documented overreaches of government under the Commerce Clause.

Anyway, every issue I said would "go away" under an affirmation of the 4th Circuit's ruling in Kolbe v. O'Malley is an issue that SR9 has expressed support for in the past. He loves the government denying the 2A rights of felons even long after they've paid their debt to society. He loves that people whose family members report them as "mentally ill" can be disarmed and the dollars to appeal it and time it takes to resolve are so onerous that very few have the stamina or resources to see it through to fruition.

I was hoping that SR9 would be so bugged by the thought of his much-beloved gun-controls going away if Kolbe prevails at the Supreme Court, that he'd actually read about it and come back to tell me how full of crap I was, because I was full of crap intentionally in what I said. But alas, as per usual, expecting SR9 to crack open a link or do any research on his own is a recipe for disappointment. I knew he hadn't done any research up to the point of the post you quoted of mine because he said some "lower court" would be able to stop the progress of Kolbe v. O'Malley, which itself was decided at only one level lower than the Supreme Court. He gives himself away as being uninformed quite often, and admittedly, I was trying to bait him into proving it one more time. I felt compelled to respond to your serious reply to my post though, because I wasn't trying to bait anyone else than SR9. Sorry you got caught up in it.

Blues

 

[tpduden]

Hey, it's Maryland. Even if struck down, the Ba$tards will just find a new way to infringe upon your rights.

 

[DavidWhite]

Hey, it's Maryland. Even if struck down, the Ba$tards will just find a new way to infringe upon your rights.

Only for as long as YOU ALLOW IT!

 

[Blueshell]

Only for as long as YOU ALLOW IT!

And they will. All of America's 'cold dead hands' are already cold and dead.

When the general gun ban inevitability come, Ameria will turn them in.

 

[BluesStringer]

And they will. All of America's 'cold dead hands' are already cold and dead.

When the general gun ban inevitability come, Ameria will turn them in.

And will "your unit" obediently go out and confiscate the ones belonging to holdouts who won't turn them in?

 

[SR9]

I was born and raised in MD. and left when I went into the military at 18. I have lived about 65 miles from where I grew up (but in another state) and seldom ever go back. I have been gone over 50 years and would never consider going back. MD. sucks, because the people there make it the way it is.

 

[Blueshell]

And will "your unit" obediently go out and confiscate the ones belonging to holdouts who won't turn them in?

Confiscation happens now. Where are your 'cold dead hands' stopping it?

American civilians have nothing to offer that the Army hasn't already dealt with in Iraq and Afghanistan. American civilians have it worse since bank accounts can be frozen, drivers license suspended, land seized, etc.

If you sit around waiting for the door-to-door order come, you will lose.

 

[BluesStringer]

Confiscation happens now. Where are your 'cold dead hands' stopping it?

American civilians have nothing to offer that the Army hasn't already dealt with in Iraq and Afghanistan. American civilians have it worse since bank accounts can be frozen, drivers license suspended, land seized, etc.

If you sit around waiting for the door-to-door order come, you will lose.

As per usual, you didn't answer the question.

 

[DavidWhite]

And they will. All of America's 'cold dead hands' are already cold and dead.

When the general gun ban inevitability come, Ameria will turn them in.

PLEASE GOD! Let this moron be the one that knocks on my door!
The "cold dead hands" you speak of will be your own.


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