Posted on 07/24/2017 10:51:32 AM PDT by PROCON
Pro-gun rally in front of Maryland State House in Annapolis on Feb. 6, 2013 protesting the state’s controversial Firearms Safety Act. (Photo: Andrew Harnik/The Washington Times)
A long-simmering challenge against Maryland’s 2013 Firearms Safety Act has been appealed to the nation’s highest court.
Attorneys for the Maryland State Rifle and Pistol Association and the National Shooting Sports Foundation on Friday filed the 325-page petition to the U.S. Supreme Court on behalf of Stephen Kolbe and a series of gun stores and shooting clubs asking the court to protect popular semi-automatic rifles and magazines from prohibition.
At stake is the 2013 law signed by staunch anti-gun Democrat Gov. Martin O’Malley which banned guns deemed “assault weapons” due to cosmetic characteristics and limited magazine capacity to 10 rounds.
In 2014, U.S. District Court Judge Catherine Blake ruled that AR-15 style rifles and others “fall outside Second Amendment protection as dangerous and unusual arms.”
Blake’s ruling was riddled on appeal by a three-judge panel of the U.S. 4th Circuit in 2016 who disagreed with the jurist’s logic. This led to a retrial by a rare en banc panel of the entire court which stood behind the ban in a 10-4 ruling earlier this year.
(Excerpt) Read more at guns.com ...
A concise comment at the link conveys what we all know:
Liberal judges and politicians are far from impartial and use their positions to impose their will on the populace. They gleefully deny law-abiding Americans their Constitutional rights.
SCOTUS needs to "clarify" the 2nd Amendment for these tyrants once and for ALL.
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Maryland Ping.
“SCOTUS needs to “clarify” the 2nd Amendment for these tyrants once and for ALL. “
It is getting close to the people having to do that.
If (big if)SCOTUS takes this case and if they kill this ban, it will set a nation-wide precedent that many states are not going to like. Huge impacts.
Cautiously optimistic as I read this here in NJ.
Which is exactly why this case is so important. Gun grabbing states like Massachusetts and California, etal better beware.
Cautiously optimistic here in the People’s Republic of Maryland too. I was at the rally in the photo. There were thousands of people in peaceful protest.
In their *unanimous* ruling they slammed the Massachusetts Supreme Court mercilessly...making it clear that its argument was truly frivolous (IIRC they used that exact word).
That ruling makes me optimistic regarding the outcome of *this* case.
Anyone interested can look up "Caetano v Massachusetts"...IIRC it was decided last year.
Very important. And, I hope one more liberal, judicial activist member of SCOTUS retires soon. A 6-3 or higher decision would be monumental.
Judges who write illegal and/or ignorant rulings are creating tremendous, widespread disrespect ( and disgust) for the courts, law, and government in general. This is not good for our society, country. And these judges obviously can’t ( and don’t) stop American citizens from “keeping and bearing” or exercising any other of their “inalienable” rights. It’s almost a complete paperwork sham - how is a judge going to stop anybody ( more or less millions of Americans) from speaking, praying, printing, petitioning, bearing/ carrying/ packing, defending, or anything else for that matter? We really need to find a way to remove these rouge judges asap, before they break the back of our civil society completely with their patently unconstitutional and/ or inane “rulings.” Society is based on - relies on - needs - trust in government including our judiciary. Ergo, we need honest trustworthy judges
Roberts is up for grabs.
I think we already know how Kennedy will vote.
Best case is 4-5.
I’m not certain the votes are there if this goes to SCOTUS. We need one, maybe 2 more solid conservative, before we can sure 2A issues are resolved favorably.
Congress certainly has the authority to remove Circuit and Appeals Court’s judges; just needs someone to motivate them to DO it!
“I’m not certain the votes are there if this goes to SCOTUS. We need one, maybe 2 more solid conservative, before we can sure 2A issues are resolved favorably.”
I agree. For now I think we are better off tolerating state
abuses of the 2nd. We barely won the last 2nd challenge that went to the SC it was 5-4. Better to wait until Kennedy is gone. I don’t trust him or Roberts. We could lose this one and there goes the 2nd.
:: fall outside Second Amendment protection as ^dangerous^ and ^unusual^ unusual arms ::
“Dangerous” arms implies that there are arms (guns, rifles, knives, etc.) that are NOT dangerous. Conclusion: overly broad and vague.
“Unusual” is not descriptive given the fact that such arms have been manufactured and sold throughout the US, numbering north of a million. Conclusion: Too vague.
Finding: For the appellant.
I live outside Baltimore a very dangerous city and it is almost impossible to get a legal concealed carry permit anywhere in the state . Criminals who get caught with a weapon in the commission of a crime get off easy unless it’s a murder case and return to the streets armed again .
Yes, it is. The SC recently rejected hearing a similar case from California.
Hopefully Ginsberg and Breyer will retire. Maybe Kennedy, too.
They also have the constitutional authority to limit what the courts can rule on.
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