The 4th circuit court of appeals has struck down a Maryland ban of assault weapons and magazines that hold more than 10 rounds saying that the, "Maryland law implicates the core protection of the Second Amendment—'the right of law-abiding responsible citizens to use arms in defense of hearth and home,'” and that it, "is now well understood, Heller
affirmed that the Second Amendment protects a preexisting “individual right to possess and carry weapons in case of confrontation.”
The court ruled that the type of weapon banned is indisputably a type in common use, "Like a number of courts that have previously considered this question, we have little difficulty in concluding that the banned semi-automatic rifles are in common use by law-abiding citizens. " The 4th finally followed precedent and held accordingly.
The 4th remanded and sent the case back down and demanded that the 2nd Amendment should be applied using Strict Scrutiny.
The 4th's ruling seems legally ironclad and impenetrable, the dissent is laughably impotent.
This case creates conflict in the Circuits increasing the likelihood SCOTUS hear the issue; the recent denial of Cert for an assault weapon ban comes to mind.
Here is the ruling (pdf reader frame will open):
http://michellawyers.com/wp-content/uploads/2013/10/Kolbe-v.-Hogan_Opinion.pdf
Washington Post article:
https://www.washingtonpost.com/loca...234240-cb59-11e5-88ff-e2d1b4289c2f_story.html
affirmed that the Second Amendment protects a preexisting “individual right to possess and carry weapons in case of confrontation.”
The court ruled that the type of weapon banned is indisputably a type in common use, "Like a number of courts that have previously considered this question, we have little difficulty in concluding that the banned semi-automatic rifles are in common use by law-abiding citizens. " The 4th finally followed precedent and held accordingly.
The 4th remanded and sent the case back down and demanded that the 2nd Amendment should be applied using Strict Scrutiny.
The 4th's ruling seems legally ironclad and impenetrable, the dissent is laughably impotent.
This case creates conflict in the Circuits increasing the likelihood SCOTUS hear the issue; the recent denial of Cert for an assault weapon ban comes to mind.
Here is the ruling (pdf reader frame will open):
http://michellawyers.com/wp-content/uploads/2013/10/Kolbe-v.-Hogan_Opinion.pdf
Washington Post article:
https://www.washingtonpost.com/loca...234240-cb59-11e5-88ff-e2d1b4289c2f_story.html