AR-15s Before Supreme Court - Kolbe v Maryland

HiBC said:
I agree,bad timing.
And I understand what I am about to say will make no difference.
Its technical gun stuff that does not hold up well to raw emotion.
The weapon firing full auto did not sound like an M-16 or M-4.

My ear is not well calibrated to full auto weapons,but my guess is a M-249 SAW.

If "The weapon" refers to the shooter in Las Vegas, he had ten (10) AR-15s, with 100-round magazines and most (or all) of the rifles were equipped with bump-fire stocks. In addition to the uber-capacity magzines, he had an additional 5,000 rounds of loose ammo in the room.
 
If "The weapon" refers to the shooter in Las Vegas, he had ten (10) AR-15s, with 100-round magazines and most (or all) of the rifles were equipped with bump-fire stocks. In addition to the uber-capacity magzines, he had an additional 5,000 rounds of loose ammo in the room.

I didn't know any info had been released yet. Do you have a source?

Thanks...
 
Scotus again

http://abcnews.go.com/Politics/wireStory/justices-reject-gun-rights-appeals-51407151

https://www.bloomberg.com/news/arti...n-carry-appeals-rejected-by-u-s-supreme-court

From the original decision under appeal:

"We have no power to extend Second Amendment protection to the weapons of war that the Heller decision explicitly excluded from such coverage," Judge Robert King wrote for the majority. The appeals court voted 10-4 to uphold the ban.

Not being expert and our can chime in, it looks like SCOTUS turned a Maryland ban on EBRs and a open carry case.

So we can repeat the following:

1. Heller wasn't a pancea despite the gush of love after it. It had some big negatives.

2. SCOTUS has no interest at present in expanding gun rights or getting rid of the draconian laws in some states. The risk is that state AWBs will continue.

3. Congress and the President, despite their bait and switch election rhetoric, have no real interest in gun rights. They only use them as selling points for votes. In fact, having some states with bans enables them to raise the issue to get the gun world all hot and bothered. The NRA magazines heaped inordinate praise on Trump and themselves after the election. Behaviorally, nothing much has been achieved on fundamental issues.
 
The continued rejection of second amendment cases by the SCOTUS, in the near decade since Heller was decided, has been extremely disappointing. This case, out of the Fourth Circuit, which hung its hat on an out-of-context quote in Heller, should have been granted cert just because it is bad jurisprudence to intentionally misconstrue a SCOTUS decision. There was a time the SCOTUS would have come down hard on a lower court for misinterpreting an order like this.

Letting this decision stand gives the lower courts too much discretion. SCOTUS wouldn't let a First Amendment or Fourth Amendment decision be so badly misconstrued. The longer these bans stay in place, the easier it is to argue that they meet the Heller criteria for long-standing regulations.

It seems to me that the SCOTUS is slowly doing away with the principles that kept it a respected authority in this country. When we can no longer seek redress from the Supreme Court for clearly unconstitutional laws, I don't know where that leaves us.
 
Glenn E Meyer said:
So we can repeat the following:

1. Heller wasn't a pancea despite the gush of love after it.

Who argues that Heller was a panacea? It was greeted as a victory because it was one. Would you have preferred our laws be based on the dissenting opinions?

Glenn E Meyer said:
It had some big negatives.

Such as? States were making laws regulating arms before Heller and McDonald.

Glenn E Meyer said:
2. SCOTUS has no interest at present in expanding gun rights or getting rid of the draconian laws in some states. The risk is that state AWBs will continue.

I agree that this danger exists. Do you know whether SCOTUS is disinterested, or whether taking a case now would be strategically unwise given the large minority opposed to the right?

Glenn E Meyer said:
3. Congress and the President, despite their bait and switch election rhetoric, have no real interest in gun rights. They only use them as selling points for votes. In fact, having some states with bans enables them to raise the issue to get the gun world all hot and bothered. The NRA magazines heaped inordinate praise on Trump and themselves after the election. Behaviorally, nothing much has been achieved on fundamental issues.

Emphasis added. Behaviourally, you will note that a nut with a bump stocked rifle dumped many hundreds of rounds into a crowd, and no serious effort at legislative restrictions was made. That's not a trivial achievement.

Where is the bait and switch? Is that a reference to Ryan delaying SHARE? I believe most people understand the politics behind that delay.

Why do you conclude that the praise of the political actors, including DJT and the NRA, is inordinate where they've defended the right, identified the problem as the shooter rather than what he shot, diffused the reflexive energy to legislate, and preserved the status quo.


Roberts' sense of political deference doesn't sit well with me; I'd like to get Ginsberg and Breyer replaced with better people and see whether that changes his calculation.
 
It hasn't gone unnoticed on the courts either.

https://www.supremecourt.gov/orders/courtorders/062617zor_8759.pdf

Go to page 30 for the dissent of Justice Thomas and Gorsuch.

(I'm sorry this reads screwed up, cut and pasting a PDF file sucks)

Even if other Members of the Court do not agree that
the Second Amendment likely protects a right to public
carry, the time has come for the Court to answer this
important question definitively. Twenty-six States have
asked us to resolve the question presented, see Brief for
Alabama et al. as Amici Curiae, and the lower courts have
fully vetted the issue. At least four other Courts of Appeals
and three state courts of last resort have decided
cases regarding the ability of States to regulate the public
carry of firearms.

The Court’s decision to deny certiorari in this case reflects a distressing trend: the treatment of the Second
Amendment as a disfavored right.

The Constitution does not rank certain rights above others,
and I do not think this Court should impose such a hierarchy by selectively enforcing its preferred rights.

The Court has not heard argument in a Second Amendment case in
over seven years—since March 2, 2010, in McDonald v. Chicago,
561 U. S. 742. Since that time, we have heard argument in,
for example, roughly 35 cases where the question presented
turned on the meaning of the First Amendment and 25 cases
that turned on the meaning of the Fourth Amendment.
This discrepancy is inexcusable, especially given how much less
developed our jurisprudence is with respect to the Second Amendment
as compared to the First and Fourth Amendments.


Let's hope a couple more SCOTUS's retire before Trump gets out of office.
 
One distressing aspect of Kolbe was that unlike the other cases upholding bans, they did not do the 2A two-step (law is outside “core right” of Second, law survives lesser scrutiny which is rational basis in all but name). Kolbe just said: “Nope! Not protected by the Second.”

It is disappointing to see cert denied. I certainly hope that isn’t a reflection of very weak support for the 2A even among the remaining Heller majority; but that seems a reasonable way to attribute it.
 
The MD AWB was allowed to stand with no formal dissent:

Perhaps the most noteworthy denials came in two cases involving gun rights: Kolbe v. Hogan, a challenge to Maryland’s ban on semi-automatic rifles and large-capacity magazines, passed in the wake of the mass shooting at a Connecticut elementary school; and Norman v. Florida, a challenge to the state’s ban on the open carrying of guns in public. In both cases, the lower courts had upheld the states’ bans, so today’s rulings leave those decisions in place. Unlike last June, when Justices Clarence Thomas and Neil Gorsuch dissented from the court’s denial of review in Peruta v. California, in which the justices had been asked to decide whether the Second Amendment protects the right to carry a gun outside the home for self-defense, today’s denials were not accompanied by any public comments from the justices.

http://www.scotusblog.com/

Glenn E. Meyer is right: Political hacks are playing gun rights folks like fools.
 
I'm kind of glad the Court didn't take the cases. The deck seems to be stacked against us, and the wild card is perhaps a bit too wild.
 
In my opinion which is worth absolutely nothing, now is not the time.
I've always been convinced that there could be three appointees if this president serves a second term, but nothing says that I'm right.
Just a feeling, and there has already been one.
Seems to me it may be wise to wait a bit before taking on anything of real consequence.
 
In my opinion which is worth absolutely nothing, now is not the time.
I've always been convinced that there could be three appointees if this president serves a second term, but nothing says that I'm right.
Just a feeling, and there has already been one.
Seems to me it may be wise to wait a bit before taking on anything of real consequence.

That's assuming Trump care's for the 2nd Amendment. Remains to be seen imho
 
Psychedelic Bang said:
That's assuming Trump care's for the 2nd Amendment. Remains to be seen imho

Trump's position on the Second Amendment isn't the issue. It's his inclination to appoint judges and Justices with a more "originalist" perspective and the ability of Congressional leadership to get those appointments ratified.
 
I don't really believe that there is much to assume when it comes to Trump, but who knows... you and I both could wind up looking like a**es PB.
 
Trump's position on the Second Amendment isn't the issue. It's his inclination to appoint judges and Justices with a more "originalist" perspective and the ability of Congressional leadership to get those appointments ratified.

I know.. I was just saying, "cares," as in he is in the position to appoint originalists - he seems like he would.. but its not a done deal.

we could wind up with a, "living breathing document," type of judge receiving an appointment and then... we are in serious trouble


In the libertarian circles I hang with there are some folks who can be described as, "enamored with Trump," and some folks who can be described as, "he's pretty gross."

I like what Susan Sarandon said. Go figure she would say something like that...

but me personally, "yes," I think the President would do better than a Ruth Bader Ginsburg - but we do not know, until we find out.

I don't really believe that there is much to assume when it comes to Trump, but who knows... you and I both could wind up looking like a**es PB.

Yep
 
1. Heller wasn't a pancea despite the gush of love after it. It had some big negatives.

2. SCOTUS has no interest at present in expanding gun rights or getting rid of the draconian laws in some states. The risk is that state AWBs will continue.

In general, the courts seem pretty hostile to the 2nd Amendment. Does it really matter though that SCOTUS declared the 2nd Amendment as an individual right when the lower courts uphold almost any state gun regulation and the SCOTUS doesn't take up these cases?
 
That's my point. Heller said that but if you look at positive outcomes lately, you don't see that much. There seemed to be a big positive in Illinois. However, the auxiliary prose in Heller is thrown up all the time and that's a big negative. Given Scotus won't take up a case, we see a build up of precedent that enshrines certain firearms as evil, military and eminently ban worthy. If one looks at just buying a handgun, for example, in NY state and certainly in NY City, it is not a guarantee you can. There is a very oppressive system of permission.

I certainly understand that there is a risk of bringing these cases forward as to yielding a negative outcome. That was the argument against Heller and it was razor thin. It's been argued Scalia's crap was necessary to get Kennedy to go along.

I have argued elsewhere that the current set of cases should not have been pursued just because of that risk. The proponents might have thought they would win at SCOTUS but instead just strengthened local antigun laws.

My other point is that there could be legislative solutions to the state bans but like the HPA, there is no interest in vigorously pursuing progun bills. We saw Ryan leap at the chance of ditching it. I heard that reciprocity is moving. It is controversial but I'd bet it will never see the floor of the House.

Now some say that it is progress that we stay in place and don't get new bad Federal laws. It is progress that we trade Gorsuch for Scalia. It is great that the recent tragedies didn't generate more Federal actions. However state bans increase in purple states. More craziness may increase the purple and change the Congress. Defense is great, it is needed but in the multitude of political decisions we make, that is insufficient for me.

It is noteworthy that when you hear 'conservative' priorities discussed - proactive legislation on gun rights is never mentioned by the mainstream of that tribe.
 
ATN said:
Does it really matter though that SCOTUS declared the 2nd Amendment as an individual right when the lower courts uphold almost any state gun regulation and the SCOTUS doesn't take up these cases?

I think it does matter. When the court revisits the issue, perhaps when its composition has changed, it can serve as a foundation.

Do you really believe your rights or the future prospects for your rights would have been precisely the same if the decision in Heller had been that the 2d Am. protected your right to be issued a rifle if you joined the National Guard?
 
http://abcnews.go.com/Politics/wireStory/justices-reject-gun-rights-appeals-51407151

https://www.bloomberg.com/news/arti...n-carry-appeals-rejected-by-u-s-supreme-court

From the original decision under appeal:



Not being expert and our can chime in, it looks like SCOTUS turned a Maryland ban on EBRs and a open carry case.

So we can repeat the following:

1. Heller wasn't a pancea despite the gush of love after it. It had some big negatives.

2. SCOTUS has no interest at present in expanding gun rights or getting rid of the draconian laws in some states. The risk is that state AWBs will continue.

3. Congress and the President, despite their bait and switch election rhetoric, have no real interest in gun rights. They only use them as selling points for votes. In fact, having some states with bans enables them to raise the issue to get the gun world all hot and bothered. The NRA magazines heaped inordinate praise on Trump and themselves after the election. Behaviorally, nothing much has been achieved on fundamental issues.

The problem isn't "negatives" in Heller, it's dishonest judges interpreting it. From the 4th's decision enabling the ban:

That is, we are convinced that the banned assault weapons and large-capacity magazines are among those arms that are “like” “M-16 rifles” — “weapons that are most useful in military service” —which the Heller Court singled out as being beyond the Second Amendment’s reach. See 554 U.S. at 627 (rejecting the notion that the Second Amendment safeguards “M-16 rifles and the like”).

Here's what Heller actually says:

It may be objected that if weapons that are most useful in military service—M-16 rifles and the like—may be banned, then the Second Amendment right is completely detached from the prefatory clause. But as we have said, the conception of the militia at the time of the Second Amendment’s ratification was the body of all citizens capable of military service, who would bring the sorts of lawful weapons that they possessed at home to militia duty.


Note that the first sentence presents a hypothetical objection and the second sentence refutes it. The 4th saw fit to take selected words from the first sentence completely out of context and twist them 180 degrees from Heller's actual position on the definition of the meaning of the word "arms":

“Before addressing the verbs “keep” and “bear,” we interpret their object: “Arms.” The 18th-century meaning is no different from the meaning today. The 1773 edition of Samuel Johnson’s dictionary defined “arms” as “weapons of offence, or armour of defence.”

“Although one founding-era thesaurus limited “arms” (as opposed to “weapons”) to “instruments of offence generally made use of in war,” even that source stated that all firearms constituted “arms.”
DC v Heller, pages 7-8

It is disappointing that SCOTUS denied cert. At the very least SCOTUS should have sent this back for reconsideration without even hearing the case via a per curiam opinion because the lower court perverted Heller so badly, just as they did when Caetano v. Massachusetts used the "muzzleloaders only" argument specifically rejected by Heller.
 
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