Maryland "Assault Weapons" ban challenged again

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Bianchi, et al. v. Frosh, et al.
https://d3n8a8pro7vhmx.cloudfront.net/f ... 1606872456

BREAKING: FPC Files Lawsuit Challenging Maryland “Assault Weapons” Ban as Unconstitutional - MarylandAWban.com
BALTIMORE, MARYLAND (December 1, 2020) — Today, Firearms Policy Coalition (FPC) announced the filing of a new federal Second Amendment lawsuit that seeks to strike down the State of Maryand’s ban on so-called “assault weapons,” arms that are constitutionally protected under the Second Amendment. The case, Bianchi, et al. v. Frosh, et al., can be found at FPCLegal.org.

Joining FPC are 3 individuals, licensed firearms retailer Field Traders, the Second Amendment Foundation (SAF), and the Citizens Committee for the Right to Keep and Bear Arms (CCRKBA). The plaintiffs are represented by attorneys Nicole J. Moss, John D. Ohlendorf, Peter A. Patterson, and David H. Thompson of Cooper & Kirk, Raymond M. DiGuiseppe, and FPC Director of Legal Strategy Adam Kraut. Defendants include Maryland Attorney General Brian Frosh, Col. Woodrow W. Jones III, the Secretary of State Police, R. Jay Fisher is Sheriff of Baltimore County, and Jim Fredericks is Sheriff of Anne Arundel County.

All “individuals who are legally eligible to possess and acquire firearms, have a fundamental, constitutionally guaranteed right to keep common firearms for defense of self and family and for other lawful pursuits,” the plaintiffs’ complaint says. “But the State of Maryland has criminalized the possession and transportation of common firearms by ordinary citizens, making it wholly unlawful for law-abiding citizens to exercise their fundamental right to keep and bear such arms.”
Thread on the previous case, which the state won, with the 4th Circuit issuing an opinion that firearms sold exclusively on the civilian market are "weapons of war":
4th Circ. orders judge to reconsider Maryland gun law ruling

Re: Maryland "Assault Weapons" ban challenged again

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Yup, new SCOTUS where Roberts vote wouldn't be needed on 2A cases, potentially 5-4 wins. And even if Democrats win the 2 GA seats they couldn't overcome a Republican filibuster in the Senate. Still a few House seats to be decided, but I strongly doubt Democrats will have enough votes there to pass an AWB, though you might see some House Republicans vote for it and some House Democrats against it, but it wouldn't pass the Senate.

As always it takes the right case to get to SCOTUS begging for cert and it takes four votes to get cert.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: Maryland "Assault Weapons" ban challenged again

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highdesert wrote: Wed Dec 02, 2020 12:22 pm As always it takes the right case to get to SCOTUS begging for cert and it takes four votes to get cert.
And years and a truck load of money. Fighting for civil rights isn't cheap or fast.

When SCOTUS denied cert to those 10 cases over the summer, I thought California gun owners would be forever fucked by whatever Newsom, et.al. could dream up. As much as I hate to lose RBG, there is a new glimmer of hope for California (and other restrictive states) gun owners that had been entirely extinguished by Roberts.

Re: Maryland "Assault Weapons" ban challenged again

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featureless wrote: Wed Dec 02, 2020 11:56 am
sikacz wrote: Wed Dec 02, 2020 11:10 am What makes them think the court will rule any different this time?
Nothing. But the composition of the SCOTUS has changed and may, perhaps, grant cert to gun rights cases now. Expect to see many very similar cases in the next few years.
I'm in my pessimistic mood. I wouldn't mind seeing a bunch of gun restrictions overturned.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: Maryland "Assault Weapons" ban challenged again

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featureless wrote: Wed Dec 02, 2020 12:43 pm
highdesert wrote: Wed Dec 02, 2020 12:22 pm As always it takes the right case to get to SCOTUS begging for cert and it takes four votes to get cert.
And years and a truck load of money. Fighting for civil rights isn't cheap or fast.

When SCOTUS denied cert to those 10 cases over the summer, I thought California gun owners would be forever fucked by whatever Newsom, et.al. could dream up. As much as I hate to lose RBG, there is a new glimmer of hope for California (and other restrictive states) gun owners that had been entirely extinguished by Roberts.
Saw a headline last week that gave me a glimmer of hope, outgoing two term Republican mayor of San Diego Kevin Faulconer is talking of running for governor in 2022. Faulconer is a moderate Republican who has done very well in San Diego which now has a Democratic majority council. I'm ready for a change in Sacto.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: Maryland "Assault Weapons" ban challenged again

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highdesert wrote: Wed Dec 02, 2020 12:59 pm I'm ready for a change in Sacto.
Me too. Not sure I want a Repug majority or even governor, but we sorely need some balance. The amount of financial fuckery at the state level is mind blowing between plain old incompetence, inefficiency, blunders and un/under funded programs. There are some good ideas and good people in the state programs I interact with professionally, but holy shit the inefficiencies and policy contradictions. It's a miracle anything ever gets done or funded.

Re: Maryland "Assault Weapons" ban challenged again

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featureless wrote: Wed Dec 02, 2020 1:05 pm The amount of financial fuckery at the state level is mind blowing between plain old incompetence, inefficiency, blunders and un/under funded programs.
One party rule whether it is Democrats or Republicans leads to complacency, especially if one party holds the trifecta which Democrats do in CA. Especially since they have super majorities in both chambers in our legislature. I'm ready for a Republican governor or flip one chamber in the legislature to Republicans, lets get a balance in government where both chambers and the governor don't just rubber stamps new gun ones. I miss Jerry Brown.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: Maryland "Assault Weapons" ban challenged again

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Brief of Appellees filed.
https://d3n8a8pro7vhmx.cloudfront.net/f ... ellees.pdf
SUMMARY OF ARGUMENT
As plaintiffs themselves have acknowledged, their claims are foreclosed by
this Court’s en banc decision in Kolbe, which rejected an identical challenge to
Maryland’s restrictions on assault weapons. Under Fourth Circuit precedent, a panel
lacks authority to reconsider an en banc decision. Even if the law of this Circuit did
not preclude a panel from revisiting arguments that were rejected by the Court en
banc, plaintiffs offer no valid reason for such reconsideration of Kolbe. Instead, their
brief merely repackages arguments Kolbe deemed unmeritorious, and they do not
identify any pertinent authority that has emerged to contradict Kolbe since it was
decided. If considered at all, plaintiffs’ arguments should be rejected for the same
reasons that were explained in Kolbe

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