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ICYMI: Maryland Shall Issue v Hogan, Appealed to 4th Circuit ~ VIDEO
AmmoLand ^ | May 1, 2023 | Dean Weingarten

Posted on 05/04/2023 5:01:21 AM PDT by marktwain

In March of this year, a three-judge panel of the United States Court of Appeals for the Fourth Circuit heard oral arguments in the appeal of Maryland Shall Issue v Hogan.

The case of Maryland Shall Issue v Hogan (Governor of Maryland), has been in the courts since 2013, when the case was filed in the United States District Court for the District of Maryland.  In 2013, Maryland passed the Firearm Safety Act of 2013, which contained a Handgun Qualification License (HQL) provision which forbids the sale, transfer, rental, purchase, or receipt of a handgun by any person who does not have a valid HQL license. Shall Issue Maryland and several other plaintiffs challenged the law on Second Amendment, Fourteenth Amendment, and other grounds.

The District court held the plaintiffs lacked standing. Shall Issue Maryland appealed the case to the Fourth Circuit. A three-judge panel on the Fourth Circuit reversed the District ruling and remanded the case back to the District Court.

The District Court, on remand, decided the case under intermediate scrutiny and granted the State of Maryland summary judgment. Shall Issue Maryland appealed the case to the Fourth Circuit for the second time.

On June 22, 2022, the Supreme Court of the United States published the opinion in the case known as Bruen, giving clarification of the Heller decision and clear instructions for lower courts to use in determining if statutes violated rights protected by the Second Amendment. Bruen ruled means-ends tests were inappropriate, and there should not be different levels of scrutiny in Second Amendment cases.

Every court which has examined the Maryland Shall Issue v Hogan case has found the HQL provisions burden conduct protected by the Second Amendment.  The District Court found it did; the first three judge panel did, and the District Court on remand did

(Excerpt) Read more at ammoland.com ...


TOPICS:
KEYWORDS: 2a; banglist; dmaryland; ellenlhollander; ellenliptonhollander; md; obamajudge; obamastooge; odiousbamajudge; oral
The article includes a link to a video of the oral arguments in the case.
1 posted on 05/04/2023 5:01:21 AM PDT by marktwain
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To: marktwain
Good example of how the circuits before Bruen have tried to make Heller die the death of a 1000 means-test cuts, making that decision meaningless.
2 posted on 05/04/2023 6:36:13 AM PDT by pierrem15 ("Massacrez-les, car le seigneur connait les siens" )
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To: marktwain

The district court stooge was Ellen Lipton Hollander, an Odiousbama appointee.


3 posted on 05/04/2023 7:39:48 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: marktwain

You need a permit in CT to buy a gun, carry a gun or even buy ammo. I worked for a few years at the gun counter for a national chain. I had two NY State Troopers, in uniform try to buy ammo in CT. I very reluctantly had to turn them down.

They responded that they had arrest powers in CT.

I said, ‘that’s what I’m trying to avoid”


4 posted on 05/04/2023 2:09:26 PM PDT by muir_redwoods (Freedom isn't free, liberty isn't liberal and you'll never find anything Right on the Left)
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To: muir_redwoods
You need a permit in CT to buy a gun, carry a gun or even buy ammo.

Clearly unconstitutional, per Bruen.

5 posted on 05/04/2023 2:13:48 PM PDT by NorthMountain (... the right of the peopIe to keep and bear arms shall not be infringed)
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To: NorthMountain

Most of the entire body of law in CT is of questionable constitutionality at best.


6 posted on 05/04/2023 3:29:15 PM PDT by muir_redwoods (Freedom isn't free, liberty isn't liberal and you'll never find anything Right on the Left)
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