Appeals court upholds Maryland ban on semiautomatic, military style guns

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Aim1

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They used intermediate scrutiny.



Per the ruling:

The court’s majority opinion states clearly that “assault weapons and large-capacity magazines are not protected by the Second Amendment.”




https://www.washingtonpost.com/loca...f_story.html?tid=a_inl&utm_term=.bccb1ffd091a



Appeals court upholds Maryland ban on semiautomatic, military style guns

By Ann E. Marimow February 21 at 3:12 PM

A federal appeals court on Tuesday upheld Maryland’s ban on semiautomatic guns with certain military-style features that the state passed after the 2012 mass shooting at a Newtown, Conn., elementary school.

The 10-to-4 ruling by the U.S. Court of Appeals for the 4th Circuit vacates an earlier three-judge panel decision that cast doubt on the constitutionality of the ban that is similar to laws in California, Connecticut and New Jersey.

The court’s majority opinion states clearly that “assault weapons and large-capacity magazines are not protected by the Second Amendment.”
 
In the McDonald ruling, Alito and Thomas repeatedly stated the Second Amendment is a "fundamental right" necessary for "ordered liberty". These words signal "Strict Scrutiny" applies.

Hopefully, a "repaired" SCOTUS will explain that to Maryland.
 
In the McDonald ruling, Alito and Thomas repeatedly stated the Second Amendment is a "fundamental right" necessary for "ordered liberty". These words signal "Strict Scrutiny" applies.

Hopefully, a "repaired" SCOTUS will explain that to Maryland.
Harry, I hope you're right about SCOTUS!
 
In the McDonald ruling, Alito and Thomas repeatedly stated the Second Amendment is a "fundamental right" necessary for "ordered liberty". These words signal "Strict Scrutiny" applies.

Hopefully, a "repaired" SCOTUS will explain that to Maryland.

Didn't Heller explicitly state Strict Scrutiny was to be applied where RKBA was concerned as well? And yet, their court went on to repeatedly ignore blatant disobedience to this clear precedent for nine straight years after McDonald...to be honest, they will probably have a hard time trying to justify the opposite course we're all now hoping for without looking like poltically-corrupted activists after tolerating lower court dissent from so many corners for so long (just because they didn't believe the court was politically inclined toward the Heller/McDonald majority judges' personal policy preferences [and yes, that's a reference to Scalia at the end there])

I'm not saying those guys were not doing their best to uphold law and reasoned legal argument, or were plotting to delegitimize a hard-won victory in Heller/McDonald, but the refusal of the court to police its subordinates' brazen disobedience for so long kind of made the bed we're in now where several state/local governments freely toss new spaghetti at the wall without consequence, and appellate courts are rapidly accelerating the anti-gun precedent on the books (because anti-gun laws don't get passed in pro-gun districts, so there isn't as much opportunity for pro-gun precedent to establish itself) ahead of Round Three at SCOTUS. All that stuff makes any re-reinforcement of Heller more impactful, and SCOTUS generally dislikes having a large impact on public policy even if they love being able to take credit for deciding issues "once and for all."

And that's assuming the pro-gun wing of the court is even willing to toss us a bone on this one. After all, SCOTUS hates to stick its neck out on issues that are rapidly evolving until long past the point of inevitability (Obergefell was a rather aggressive advancement of gay rights issues, but gay rights sentiment had also exploded across the country faster than practically any social movement apart from the repeal of Prohibition). More likely (and frankly, more appropriate) they let the US Congress correct federal laws in the interest of the majority --to include pre-empting state/local ones-- than to spearhead the change themselves.

Considering how close we're getting to the point of an Article V convention or more mundane congressionally proposed amendments being immediately adopted by the pro-gun 3/4ths of the 50 states, SCOTUS may rightly view the legal struggles are soon to be mooted.

TCB
 
Didn't Heller explicitly state Strict Scrutiny was to be applied where RKBA was concerned as well?
No. One of the ongoing problems is that SCOTUS has never come right out and said "XYZ is the level of constitutional scrutiny to be applied."
 
It seems the different states can translate the Bill Of Rights as they wish?

No, states have the right to enact laws and measures that are consistent with current Constitutional jurisprudence.

The courts determine what the Constitution means – ultimately the Supreme Court – including the Second Amendment.

Consequently, the states aren’t ‘translating’ anything; rather, they’re enacting measures in good faith reflecting the will of the people, as expressed through the democratic process.

And the states are not ‘violating’ the Second Amendment until such time as the Supreme Court rules that measures like Maryland’s FSA are indeed unlawful.
 
<<<assault weapons and large-capacity magazines are not protected by the Second Amendment>>>

The crux of the problem is the above holding by the appeals court statement doesn't jive with this one from the Heller decision: <<<United States v. Miller, 307 U. S. 174 , does not limit the right to keep and bear arms to militia purposes, but rather limits the type of weapon to which the right applies to those used by the militia, i.e., those in common use for lawful purposes. Pp. 47–54>>> https://www.law.cornell.edu/supct/html/07-290.ZS.html

With regard to the issue of what level of scrutiny should be used at bar, this case is typical of most others in the lower courts.
SCOTUS will reverse the error and mandate strict scrutiny if it hears the case. Big if, maybe.

By now it is apparent the judicial system amounts to little more than a racket, providing food, shelter and the means for the pursuit of happiness for legions of attorneys, judges and their respective staffs. There ought to be a law...
 
Didn't Heller explicitly state Strict Scrutiny was to be applied where RKBA was concerned as well? And yet, their court went on to repeatedly ignore blatant disobedience to this clear precedent for nine straight years after McDonald...to be honest, they will probably have a hard time trying to justify the opposite course we're all now hoping for without looking like poltically-corrupted activists after tolerating lower court dissent from so many corners for so long (just because they didn't believe the court was politically inclined toward the Heller/McDonald majority judges' personal policy preferences [and yes, that's a reference to Scalia at the end there])

I'm not saying those guys were not doing their best to uphold law and reasoned legal argument, or were plotting to delegitimize a hard-won victory in Heller/McDonald, but the refusal of the court to police its subordinates' brazen disobedience for so long kind of made the bed we're in now where several state/local governments freely toss new spaghetti at the wall without consequence, and appellate courts are rapidly accelerating the anti-gun precedent on the books (because anti-gun laws don't get passed in pro-gun districts, so there isn't as much opportunity for pro-gun precedent to establish itself) ahead of Round Three at SCOTUS. All that stuff makes any re-reinforcement of Heller more impactful, and SCOTUS generally dislikes having a large impact on public policy even if they love being able to take credit for deciding issues "once and for all."

And that's assuming the pro-gun wing of the court is even willing to toss us a bone on this one. After all, SCOTUS hates to stick its neck out on issues that are rapidly evolving until long past the point of inevitability (Obergefell was a rather aggressive advancement of gay rights issues, but gay rights sentiment had also exploded across the country faster than practically any social movement apart from the repeal of Prohibition). More likely (and frankly, more appropriate) they let the US Congress correct federal laws in the interest of the majority --to include pre-empting state/local ones-- than to spearhead the change themselves.

Considering how close we're getting to the point of an Article V convention or more mundane congressionally proposed amendments being immediately adopted by the pro-gun 3/4ths of the 50 states, SCOTUS may rightly view the legal struggles are soon to be mooted.

TCB


The part I made bold.... I think is not recognized by far too many people.
 
Ugh. I hate to see another anti-2A ruling in the federal court system. There is hope that a case could go to the SCOTUS, and potentially yield a better ruling, but I'm not holding my breath.

Make no mistake about this, these kinds of issues may eventually effect many of us here on The High Road. The left has already shifted tactics (as of a few years ago), and is pursuing legislation at the state level rather than the national level. We're safe at the federal government level for now, but many of us live in states that are going in a different direction. I live in Colorado, and up until about a decade ago Colorado was a pretty conservative state, despite the nonsense in the Denver/Boulder area. Now, as the Denver/Boulder area have continued to grow in population, with many people coming from blue states, the state has shifted strongly to the left.

So, while I'm not currently worried about a federal-level AWB, I am very worried that I could find myself on the receiving end of a state-level AWB in the future. First they came for California, then they came for New York and Jersey, then they came for Maryland and Massachusetts... someday they may come for YOUR state, too (NOTE: I have no idea if my order of crazy state gun laws was entirely correct, but that's not the point I was trying to illustrate). Let's hope that this circuit court decision lands before a pro-2A supreme court in the not too distant future!
 
It is difficult to understand? Marijuana is regulated by Federal Law. States can choose to ignore these laws? The Federal Government refuses to enforce theses drug laws? Many cities refuse to enforce emigration laws? Can the various states refuse to allow enforcement of Federal Gun laws. o_O
 
It is difficult to understand? Marijuana is regulated by Federal Law. States can choose to ignore these laws? The Federal Government refuses to enforce theses drug laws? Many cities refuse to enforce emigration laws? Can the various states refuse to allow enforcement of Federal Gun laws. o_O


They could, but they don't. Plus, it's not permanent, it can change at the whim of whatever president is in power. A solid pro-2nd Amendment ruling from SCOTUS protects all citizens.
 
Didn't Heller explicitly state Strict Scrutiny was to be applied where RKBA was concerned as well?

No.

The Heller Court did not mandate that strict scrutiny be applied when determining the constitutionality of firearm regulatory measures:

[We] declin[e] to establish a level of scrutiny for evaluating Second Amendment restrictions.

https://www.law.cornell.edu/supct/html/07-290.ZO.html

It is neither the role nor responsibility of the courts to second-guess the intent of lawmaking entities, whose laws reflect the will of the people.

The Fourth Circuit’s ruling is consistent with current Second Amendment jurisprudence, it is consistent with its sister courts’ rulings on similar measures, and it is consistent with Heller’s reaffirmation of the fact that no right is ‘unlimited,’ including the rights enshrined in the Second Amendment.

The Second Amendment acknowledges an individual right to possess a firearm pursuant to lawful self-defense. “It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose[.]” ibid
 
It seems the different states can translate the Bill Of Rights as they wish? o_O

That has always been the case. Try buying a 30 round magazine for an AR in NYS or any handgun that holds over 10 rounds. States pass laws in direct violation of higher courts rulings. And until someone appeals to get a court's attention, nothing is done. States like NY, NJ, Hawaii, and California have been able to get away with their violations for this long. Hopefully a higher court will issue a remand and remit sentence to the 4th with reference to Heller.
 
An Internet search on "fundamental right" "ordered liberty" scrutiny will help one see what those words mean. And that McDonald added a great significance. It declared that strict scrutiny be used in SCOTUS decisions on the Second Amendment.
 
An Internet search on "fundamental right" "ordered liberty" scrutiny will help one see what those words mean. And that McDonald added a great significance. It declared that strict scrutiny be used in SCOTUS decisions on the Second Amendment.

Got a link to that part in bold?
 
The Supreme Court decision on McDonald v. City of Chicago:

https://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

I read all 214 pages when it came out. IMHO, it's more important than Heller. I suspect that's why anti-gun state courts ignore it and reference Heller. McDonald moots most of their arguments.

For those not wanting to read the whole document, page 37 where Alito presents the opinion of the court:

In sum, it is clear that the Framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty.

Another reason anti's try to ignore McDonald,

... our central holding in Heller: that the Second Amendment protects a personal right to keep and bear arms for lawful purposes, most notably for self-defense within the home.
The home is noted as an example, and not limiting the law to that example.

Finally, I believe everyone should read Scalia's section of the McDonald opinion to experience excellence of thought.
 
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