Posted on 02/04/2016 4:19:58 PM PST by patq
In what has to be viewed as a major victory for gun owners, the United States Court of Appeals for 4th Circuit ruled that lower court judge in Kolbe V. Maryland must apply the standard of strict scrutiny in reviewing the case about Maryland’s “assault weapon†ban, duplicitously called the Firearms Safety Act (FSA).
Laws banning “assault weapons†in Maryland and in other states with “anti-gun†legislatures have typically been upheld when lower court judges—almost universally gun-hating activist liberals—have cheated We, The People by applying the much lower standard of intermediate scrutiny. ...
Chris W. Cox, the executive director of the National Rifle Association’s Institute for Legislative Action, seems thrilled with the result.
“The Fourth Circuit’s ruling is an important victory for the Second Amendment. Maryland’s ban on commonly owned firearms and magazines clearly violates our fundamental, individual right to keep and bear arms for self-defense. The highest level of judicial scrutiny should apply when governments try to restrict our Second Amendment freedoms.â€
(Excerpt) Read more at bearingarms.com ...
I am of the opinion that using strict scrutiny would eliminate magazine limits as well.
I’m still moving to Texas.
Blow the freakin “safe act” Prince Andrew of Gnu Yak is way overreaching..
Fingers crossed. X
Texas gun laws are more restrictive than many other states. We’re working on it, and I don’t want to discourage you from coming, but as far as gun rights, you could do better than Texas.
I think Arizona is number one for gun rights; open carry allowed, no permit required for concealed carry.
Of course, we have seen the results: blood running knee deep in Arizona.
Oh wait, that’s Illinois, gun banning Chicago in particular.
Never mind.
BtW Texas is getting better wrt concealed and now open carry.
We are the same here in Maine....Open Carry without a permit, Constitutional Carry went into effect in October; no permit required to conceal carry in your car or on your person.
Arizona is far more pleasant weather-wise in the winter, however.
Nothing could be crazier than New York.
>> I’m still moving to Texas.
C’mon! We’ve got lots of room and we welcome Gun Nuts. The nuttier the better! :-)
I wouldn’t pop the champagne corks just yet. Just like the favorable 9th Circuit decision on “shall issue” in California, this could be appealed to an en banc review by the entire 4th circuit.
Holy smokes, ME has permitless concealed carry before we do? Good on you guys. You all are on a roll...so automatic knives must have passed at the same time.
Level of scrutiny where a right enumerated in the Constitution is affected, is now required to be Strict scrutiny, not intermediate scrutiny.
Such a law, as the MD and CT recent gun laws, under intermediate scrutiny catch-all phase clauses such as “for public safety” allows every and any law to be ruled as constitutional. Strict scrutiny requires that there be the naming of specific plaintiffs and defendants of injured parties because of a law existing or because the law did not exist before. “Because I said so and because it feels good” no longer holds up in a court of law.
Great news. Maybe Governor Hogan and the few republicans in the General Asylum will pounce on this and ratchet it up a few notches.
Let freedom ring
Doubt it.
Larry has said he isn’t going to do anything about O’Malley’s gun laws.
Springfield Armory SOCOM 16
Arizona and Alaska best.
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