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Keyword: 4thcircuit

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  • 4th Circuit Rules Common Rifles not Protected by Second Amendment

    03/01/2017 5:04:58 AM PST · by marktwain · 37 replies
    ammoland ^ | 26 February, 2017 | Dean Weingarten
    On 21 February, 2017, the 4th Circuit Court of Appeals ruled that common semi-automatic rifles are not protected by the Second Amendment of the Constitution. The ban includes semi-automatic rifles that can take detachable magazines and have two of these three features: folding stock, grenade/flare launcher, or flash hider.  There is a long list of existing models that are explicitly banned, including all AR15s and variants, and all AK47s and variants. The list of banned guns includes some firearms that are not semi-automatic, such as a version of the Mossberg 500 pump shotgun. The law also bans all detachable...
  • 4th Circuit: ‘Assault Weapons’ Can Be Banned for Resembling Military Guns

    02/27/2017 7:30:33 AM PST · by rktman · 62 replies ^ | 2/27/2017 | AWR Hawkins
    It is interesting to note that the 4th Circuit’s ruling comes in the wake of a “white paper” in which ATF Associate Deputy Director Ronald Turk argued against ongoing importation bans on “assault weapons.” Turk argued on the grounds that such weapons are increasingly popular for sport shooting and are actually “standard for hunting activities.” The Washington Post published the paper in which Turk said continued opposition to the weapons is based on an “almost 20-year-old study.” But the 4th Circuit described the sporting and hunting rifles as “exceptionally lethal weapons of war.”
  • 'Nuts': Cruz tells Levin 4th Circuit decision to ban guns is insane By: Chris Pandolfo |

    02/23/2017 3:53:43 PM PST · by ForYourChildren · 58 replies
    Conservative Review ^ | 02/23/2017 | Chris Pandolfo
    Appearing at CPAC 2017, Senator Ted Cruz, R-Texas (A, 97%) blasted a recent 4th Circuit Court decision upholding a Maryland “assault weapon” ban as “nuts.” Speaking with Conservative Review Editor-in-Chief Mark Levin, the Texas senator discussed a broad range of topics including term limits on members of Congress, the nomination of Judge Gorsuch to the Supreme Court, and the rogue federal judiciary. Cruz criticized the Fourth Circuit court decision limiting the individual’s Second Amendment right to own a firearm. “The Fourth Circuit used to be the most conservative court in the country,” Cruz said. “The Fourth Circuit now, they’ve invented...
  • The Fourth Circuit Runs Roughshod over Heller and the Second Amendment

    02/22/2017 12:26:00 PM PST · by Sgt_Schultze · 35 replies
    National Review ^ | 22 Feb 2017 | CHARLES C. W. COOKE
    Freed up by the Supreme Court’s ongoing reluctance to engage in depth with the Second Amendment, the Fourth Circuit has taken it upon itself to rewrite Heller en banc. In a 10-4 decision, issued yesterday afternoon, the court upheld Maryland’s ban on both “assault weapons” and “high capacity magazines.” By so doing, it deprived the people of Maryland, the Carolinas, and the Virginias of the core protections to which the Constitution entitles them. As Judge Traxler’s dissent pointedly establishes, the majority achieved this transformation by contriving “a heretofore unknown ‘test,’ which is whether the firearm in question is ‘most useful...
  • Federal Appeals Court Upholds Maryland Assault Rifle Ban

    02/22/2017 10:48:09 AM PST · by Jagermonster · 13 replies
    The Baltimore Sun ^ | 02/21/2017 | Ian Duncan
    A federal appeals court upheld Maryland's ban on assault rifles, concluding that the powerful military-style guns outlawed by the measure are not entitled to protection under the Second Amendment. The 10-4 ruling, issued by the entire Fourth Circuit Court of Appeals in Richmond, reverses a decision by a smaller panel of judges from the court last year that called the law's constitutionality into question. The bill was steered through the Maryland Senate in 2013 by then-Sen. Brian E. Frosh in the wake of the deadly shooting at Sandy Hook Elementary School in Connecticut. Since elected as the state's attorney general,...

    06/01/2016 4:56:10 AM PDT · by madprof98 · 16 replies
    ABC11 ^ | 5/31/16 | AP
    ICHMOND, Va. -- The debate over whether transgender students should be able to use the bathrooms that match their gender identity is likely headed to the U.S. Supreme Court after a federal appeals court refused Tuesday to reconsider a three-judge panel's ruling on the matter. The Gloucester County School Board had asked for a review by the full 4th U.S. Circuit Court of Appeals after a three-judge panel said in a 2-1 decision last month that a Virginia high school discriminated against a transgender teen by forbidding him from using the boy's restroom. In his dissent of Tuesday's decision denying...
  • Will the Supremes Slap Down 4th Circuit’s Anti-Business Ruling?

    05/26/2015 1:03:44 PM PDT · by nickcarraway · 3 replies
    American Prowler ^ | 5.26.15 | Hans Bader
    In the past, businesses have been happy to put new factories in states like South Carolina and Virginia, due to their right-to-work laws and relatively reasonable employment laws. But they should think twice about doing so in the future, thanks to some recent, very unreasonable court rulings against employers in those states by the U.S. Fourth Circuit Court of Appeals. Those decisions illustrate a contempt for binding Supreme Court precedent, and basic rules of logic, evidence, civil procedure, and appellate procedure A classic example is the Fourth Circuit’s 2-to-1 decision on May 11 in Brown v. Nucor Corp., which violated...
  • Md. attorney general seeks stay on gun ruling

    07/28/2012 4:39:02 AM PDT · by marktwain · 2 replies ^ | 27 July, 2012 | Doug Gansler
    ANNAPOLIS, Md. (AP) - Maryland Attorney General Doug Gansler is asking a federal appeals court to delay the implementation of a judge's ruling that Maryland's gun permit law is unconstitutional, pending an appeal by the state.
  • Maryland gun permit law struck

    07/25/2012 8:36:43 PM PDT · by Tolerance Sucks Rocks · 15 replies
    The Washington Times ^ | July 24, 2012 | David Hill
    A federal judge has ordered Maryland officials to stop enforcing a law barring state residents from receiving concealed-carry handgun permits unless they provide a “good and substantial reason” to carry their weapons in public. U.S. District Court Judge Benson Everett Legg on Monday lifted the stay on his March ruling, which struck down a Maryland law requiring applicants to prove that they need to carry a gun for workplace duties or as protection from a specific threat. The order goes into effect Aug. 7. Maryland Attorney General Douglas F. Gansler, a Democrat, has appealed the initial ruling and could seek...
  • Blackwater suit ends 7 years after Fallujah deaths

    01/06/2012 1:12:09 PM PST · by SmithL · 2 replies
    Associated Press ^ | 1/6/12 | EMERY P. DALESIO
    RALEIGH, N.C. (AP) -- Days after the last U.S. troops left Iraq, a federal appeals court ended a lawsuit over an episode that produced one of the more disturbing images of the war: the grisly killings of four Blackwater security contractors and the hanging of a pair of their bodies from a bridge in Fallujah. Families of the victims reached a confidential settlement with the company's corporate successor, Arlington, Va.-based Academi, and the U.S. 4th Circuit Court of Appeals dismissed the suit last week. The settlement was first reported Friday by The Virginian-Pilot of Norfolk, Va. The deal ends the...
  • US court rejects Zacarias Moussaoui's appeal

    01/04/2010 4:43:24 PM PST · by ButThreeLeftsDo · 4 replies · 320+ views ^ | 1/4/10 | STEVE SZKOTAK , Associated Press
    RICHMOND, Va. - A federal appeals court on Monday upheld the conviction of Zacarias Moussaoui, the only person to stand trial in a U.S. court in the Sept. 11 attacks, rejecting arguments that he was denied access to evidence and the right to choose his own attorney. Moussaoui, 41, is serving life in a federal prison in Colorado, after pleading guilty to helping plan the attacks. Since his sentencing, he has said he lied when testifying that he plotted to hijack a fifth jetliner on Sept. 11, 2001. A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously...
  • Early Alzheimer's Forces Chief Judge to Retire

    07/11/2009 2:55:00 PM PDT · by Mila · 19 replies · 1,181+ views
    The Washington Post ^ | Friday, Jul. 10, 2009 | By Josh White and Jerry Markon
    The Republican chief judge of the Richmond-based federal appeals court has retired suddenly because of illness, giving President Obama another opening to fill on what was once considered the nation's most conservative appellate court. Karen Williams of South Carolina, the first female chief judge on the U.S. Court of Appeals for the 4th Circuit, stepped down this week shortly after learning that she was in the early stages of Alzheimer's disease, according to her family. Alzheimer's, for which there is no cure, can cause mental deterioration and memory loss. Williams is 57 years old. The 4th Circuit, an influential voice...
  • Court upholds ban on abortion (VA)

    06/24/2009 10:49:57 PM PDT · by STARWISE · 7 replies · 450+ views
    AP/WashTimes ^ | 6-25-09 | Larry O'Dell
    Partial-birth law validated - A sharply divided federal appeals court upheld Virginia's ban on partial-birth abortion Wednesday, ruling that the statute does not unduly burden a woman's right to terminate a pregnancy by more conventional means. The 4th U.S. Circuit Court of Appeals said in a 6-5 decision that the 2003 law also makes clear the type of conduct that is banned, making it unlikely that a doctor would be prosecuted for accidentally performing the procedure, which has the medical term "intact dilation and extraction." The decision reversed a 2-1 panel ruling striking down the law, which is similar to...
  • DC Sniper To Appeal Sentence Again (John Allen Muhammad)

    05/11/2009 3:56:43 AM PDT · by HokieMom · 30 replies · 1,194+ views
    Westwood One ^ | 05-11-2009
    Richmond, VA) -- The DC Sniper will be back in court again tomorrow. John Allen Muhammad is going to a federal appeals court in the hopes of overturning his 2003 conviction, and the death sentence that came with it. Muhammad's new lawyers say the court-appointed attorneys who took over the case after Muhammad tried to represent himself were ineffective, that prosecutors held back evidence, and that the trial judge erred by deciding not allow testimony about Muhammad's traumatic childhood. The case will be heard in the 4th Circuit Court of Appeals in Richmond. The three-week shooting spree in 2002 left...
  • Court Upholds Searches Of Muslim Groups in Va.

    05/08/2009 9:57:04 AM PDT · by La Lydia · 10 replies · 652+ views
    Washington Post ^ | May 7, 2009 | Jerry Markon
    An appeals court yesterday upheld the legality of federal raids on a Herndon-based network of Muslim charities, businesses and think tanks, a case that caused a firestorm in the Muslim community. The U.S. Court of Appeals for the 4th Circuit said the March 2002 raids on homes and business in Herndon and elsewhere in Northern Virginia were "a harrowing experience" for the targets but did not violate their constitutional rights. The court said agents exercised "lawful force" in drawing their guns and handcuffing a family whose home was searched. Federal agents carted away hundreds of boxes of documents during the...
  • 4th US Circuit agrees Fredericksburg VA can prohibit free exercise by council member

    07/24/2008 1:52:48 PM PDT · by mbarker12474 · 14 replies · 239+ views
    Fredericksburg Free Lance Star newspaper ^ | 24 July 2009 | Amy Flowers Umble, newspaper
    CITY PRAYER POLICY UPHELD Fredericksburg Free Lance - Star Fredericksburg Virginia Date published: 7/24/2008 BY AMY FLOWERS UMBLE Fredericksburg City Council can keep Jesus Christ out of its prayers. The 4th Circuit U.S. Court of Appeals yesterday upheld the city's right to start its meetings with nonsectarian prayers. Retired Supreme Court Justice Sandra Day O'Connor sat on the three-judge panel hearing the case and wrote the opinion. "She didn't feel my rights were being violated, but my rights are definitely being violated," said City Councilman Hashmel Turner, who filed the case. "It removed an opportunity for me to pray...
  • William Jefferson D-La trial set to start Dec. 2 (Judge stands firm on Virginia venue)

    06/14/2008 8:49:54 AM PDT · by Libloather · 16 replies · 228+ views
    NOLA ^ | 6/14/08 | Bruce Alpert
    Jefferson trial set to start Dec. 2Judge stands firm on Virginia venue Saturday, June 14, 2008 By Bruce Alpert ALEXANDRIA, VA. -- U.S. District Judge T.S. Ellis III set a Dec. 2 trial date Friday in the federal corruption case of Rep. William Jefferson, D-New Orleans, although the judge admitted that it could be delayed again. **SNIP** A December start means the trial would occur after the fall congressional elections. Jefferson hasn't said whether he's running for a 10th term. In an interview earlier this week, Jefferson said he never announces in advance of qualifying and that his lack of...
  • Court: Hotline call gave grounds to take guns

    03/06/2008 8:43:52 AM PST · by kiriath_jearim · 80 replies · 303+ views
    Maryland Daily Record ^ | 3/4/08 | STEVE LASH
    Citing recent killing rampages in the United States, a federal appeals court on Tuesday threw out a Maryland firefighter’s claim that Gaithersburg police unreasonably searched his home and took his collection of 41 guns and ammunition after responding to a report that he was armed, suicidal and could be a threat to his co-workers. In a 3-0 ruling, the 4th U.S. Circuit Court of Appeals said the police were justified in conducting the warrantless search and seizure in an era of unprecedented domestic carnage at schools, workplaces and shopping malls. “Police, then, simply must be entitled to take effective preventive...
  • Moussaoui Deprived of Constitutional Rights, Attorneys Say

    02/16/2008 11:11:19 AM PST · by 3AngelaD · 51 replies · 207+ views
    Washington Post ^ | February 16, 2008 | Jerry Markon
    Zacarias Moussaoui's guilty plea and life prison term for conspiring in the Sept. 11, 2001, terrorist attacks should be overturned because his case was riddled with errors that deprived him of his constitutional rights, his attorneys said in court papers unsealed yesterday. In their opening brief before the U.S. Court of Appeals for the 4th Circuit, the attorneys said Moussaoui could not choose his own counsel at trial or learn much of the evidence against him because it was secret. "Moussaoui faced the choice between pleading guilty and facing a fundamentally unfair trial in a death-penalty case. This was an...
  • Court Rules in Favor of Enemy Combatant

    06/11/2007 4:09:13 PM PDT · by Ernest_at_the_Beach · 56 replies · 1,286+ views
    breitbart ^ | Jun 11 03:44 PM US/Eastern | ZINIE CHEN SAMPSON AP
    RICHMOND, Va. (AP) - The Bush administration cannot use new anti-terrorism laws to keep U.S. residents locked up indefinitely without charging them, a divided federal appeals court said Monday. The ruling was a harsh rebuke of one of the central tools the administration believes it has to combat terror. "To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution—and the country," the court panel said. In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the...