How The Fourth Circuit’s Support For ‘Assault Weapon’ Bans May End Them

[Bob]

In February, the Fourth Circuit upheld Maryland’s ban on so-called “assault weapons” in Kolbe v. Hogan. The law targeted firearms by name and by reference to cosmetic features (pistol grips, flash suppressors, etc.), and the ability to accept magazines that hold more than 10 cartridges. The broad proscription outlawed many of America’s most popular sporting arms, including AR-pattern rifles.

While few were surprised the Fourth Circuit upheld Maryland’s desire to restrict its citizens’ right to bear arms, it chose to do so by ignoring Supreme Court precedent. The 2008 case of DC v. Heller held that weapons “in common use at the time for lawful purposes” were protected by the Second Amendment.


Instead of following clear guidance protecting the common and wildly popular firearms encompassed in Maryland’s ban, the Fourth Circuit found the weapons unprotected, despite their common and lawful use, because of cosmetic similarity to military rifles. The Fourth Circuit’s wild departure in Kolbe may be what finally forces the Supreme Court to rule on state “assault weapon” regulations once and for all. (more)

How Fourth Circuit’s Support For ‘Assault Weapon’ Bans May End Them

 

[Podmonkey]

It's not going to end shit, it's just another piece of kindling underneath the nascent bonfire.

 

[ProgSpear]

Until Gorsuch is installed, AND the wicked witch of the east, a.k.a. "Notorious RGB" kicks it, and is replaced by a suitably conservative judge, I'd rather wait. Roberts has proven to be squishy (risible Ocare decision as proof) and Kennedy is a maybe at best.

Just as a reminder, RBG told the Egyptians in February of 2012 that she would not use the US Constitution as a model for those writing a new one.
Justice Ginsburg: "I Would Not Look to the U.S. Constitution"

 

[Bob]

It's been stated several times in the last couple of days that Gorsuch WILL be approved by the Senate by next Friday, by any means necessary.

I get what you're saying about RBG. If the 4th Circus case doesn't hit the timing right, there's still an AWB challenge that's just starting to percolate out of the First Circuit. That's still a couple of years from SCOTUS. RBG Can't hang in there too much longer.

 

[Burzum]

When Gorsuch gets his robe, so long as Kennedy does not screw us, we will be fine. Even though I hate his idea, I like the snare set by justice Scalia, basically stating it would be okay to ban M16s, as the gun-bigots take the bait not realizing what a select fire or full-auto gun is compared to a semi-only.

 

[dsdmmat]

Hopefully three more constitutionalist justices will be appointed by Trump in his first term.

 

[Vinson57]

Until Gorsuch is installed, AND the wicked witch of the east, a.k.a. "Notorious RGB" kicks it, and is replaced by a suitably conservative judge, I'd rather wait. Roberts has proven to be squishy (risible Ocare decision as proof) and Kennedy is a maybe at best.

Just as a reminder, RBG told the Egyptians in February of 2012 that she would not use the US Constitution as a model for those writing a new one.
Justice Ginsburg: "I Would Not Look to the U.S. Constitution"

The SCOTUS is controlled by the deep state and its ignored as possible and highly likely when we hear everyday what can be intercepted by all means. Who better to monitor for every word and action, its only nine people? Roberts was the first indication they are doing so when he ruled for obamacare. ARs and other MSRs today put the meaning today in what the founding founders meant for the 2nd amendment and the deep state is totally against this. The deep state cannot do real poling to find out who supports them and who is again and has to guess. They are there and hide behind need to know and compartmentalization. It all started in 1963. There could be lower level manipulation to hinder, slow and alter lower level court decisions?

 

[JosERW]

It's been stated several times in the last couple of days that Gorsuch WILL be approved by the Senate by next Friday, by any means necessary.

I get what you're saying about RBG. If the 4th Circus case doesn't hit the timing right, there's still an AWB challenge that's just starting to percolate out of the First Circuit. That's still a couple of years from SCOTUS. RBG Can't hang in there too much longer.

I'm tired of waiting. The longer these laws exists the more mainstream they become. We're literally running out of shots on goal and lets be honest here folks, Trump might very well be a one term President. If the commies seized power like the GOP did they would be ramming bills through left and right, why not us? Honestly I am feeling abandoned by everyone. Now more than ever I wish they had passed a federal AW so at last the entire country would be demanding their rights back.

 

[JosERW]

"It is uncertain which justices were missing from the four votes required to hear previous “assault weapon” ban cases before Scalia’s death. It is entirely possible that the same judges were voting for some and against others, for a variety of reasons. It is a distinct possibility that justices who may soon hammer the coffin nail into assault weapon bans for good were merely waiting for the right case in which to do it."

I don't believe this one bit. If it were a liberal cause they would jump at the first chance to settle this. Why not conservatives? Any one of them can croak tomorrow. They had no idea Trump would win. Why wait?