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Originally Posted by Mannlicher
and we know what will happen to the Second Amendment if a dhimmicrat is elected to the White House this year. At least two new judges, cut from the same cloth as Sotomeyer and Kagan.
At that point, it will be useless to even file against the excesses of government.


Exactly. Ginsburg and Kennedy are the first two up to be replaced.

Any further questions as to what is on the line and why ANY R should get the vote in Nov?


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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Originally Posted by 4ager
Originally Posted by isaac
Sometimes the mental gymnastics are entertaining.
========

That they sure are.

4a...where do you see the jurisdictional split?


Second Circuit opinion on the combined cases of New York State Rifle & Pistol Assoc. v. Cuomo and Connecticut Citizens' Defense League v. Malloy that upheld the magazine bans and other provisions of the NY and CT laws that are nearly identical to the MD law in question here. The 2nd used a reasonableness standard; clear split on scrutiny.

There is also a 10th Circuit case pending out of CO that challenges the magazine bans and other provisions of their 2A law. The SCOTUS challenge on scrutiny is coming; this case is just part of it and tipping the balance toward sooner rather than later.

There's also the Highland Park case in Illinois through the 7th Circuit that upheld semi-auto rifle ban and magazine limits. That was appealed to the SC, but they declined to hear it. It also didn't use any level of scrutiny, but rather a "reasonableness" test.

So lots of splits, the SC can't put it off forever. The question is which way will the court go when only 2 justices wanted to hear the Highland Park case?


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Originally Posted by Calhoun
Originally Posted by 4ager
Originally Posted by isaac
Sometimes the mental gymnastics are entertaining.
========

That they sure are.

4a...where do you see the jurisdictional split?


Second Circuit opinion on the combined cases of New York State Rifle & Pistol Assoc. v. Cuomo and Connecticut Citizens' Defense League v. Malloy that upheld the magazine bans and other provisions of the NY and CT laws that are nearly identical to the MD law in question here. The 2nd used a reasonableness standard; clear split on scrutiny.

There is also a 10th Circuit case pending out of CO that challenges the magazine bans and other provisions of their 2A law. The SCOTUS challenge on scrutiny is coming; this case is just part of it and tipping the balance toward sooner rather than later.

There's also the Highland Park case in Illinois through the 7th Circuit that upheld semi-auto rifle ban and magazine limits. That was appealed to the SC, but they declined to hear it. It also didn't use any level of scrutiny, but rather a "reasonableness" test.

So lots of splits, the SC can't put it off forever. The question is which way will the court go when only 2 justices wanted to hear the Highland Park case?


The SCOTUS declined Highland Park because of "ripeness"; at that time, there was no split. The 4th, and likely the 10th, will provide that split against the 2nd and 7th.

Again, take a look at the amici briefs on both sides. WOW!


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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Originally Posted by RWE
Iowa is anti 2A?

No. We're a shall issue state.


We may know the time Ben Carson lied, but does anyone know the time Hillary Clinton told the truth?

Immersing oneself in progressive lieberalism is no different than bathing in the sewage of Hell.
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Originally Posted by RickyD
Originally Posted by RWE
Iowa is anti 2A?

No. We're a shall issue state.


Then why did your state AG sign on to support the MD magazine restriction and gun ban? Serious question, and one that Iowans might want to raise to that AG of yours.


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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I guess Iowa will be a "shall issue for a derringer" state if your AG has his way.

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Originally Posted by 4ager
Originally Posted by RickyD
Originally Posted by RWE
Iowa is anti 2A?

No. We're a shall issue state.

Then why did your state AG sign on to support the MD magazine restriction and gun ban? Serious question, and one that Iowans might want to raise to that AG of yours.

Here's the brief your state signed on to.

You guys are SO anti-2A.

http://michellawyers.com/wp-content...Amici-Curiae-in-Support-of-Appellees.pdf

Quote
INTEREST OF AMICI CURIAE

New York, California, Connecticut, Hawaii, Illinois, Iowa, Massachusetts, Oregon, and the District of Columbia file this brief under Rule 29(a) of the Federal Rules of Appellate Procedure.

The amici States seek to protect their sovereign prerogative to enact and implement legislation that advances their compelling interest in promoting public safety, preventing crime, and reducing the negative effects of firearm violence. The amici States have each taken different approaches to addressing the problem of firearm violence based on their own determinations about the measures that will best meet the needs of their citizens. They join this brief not because they necessarily believe that Maryland has chosen the optimal policy for itself - or that Maryland’s approach would be optimal for them — but because they believe that Maryland’s Firearm Safety Act represents a policy choice that Maryland should be constitutionally free to adopt.

Last edited by Calhoun; 02/04/16.

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Interesting.

So they are essentially supporting a state's rights to restrict the 2nd Amendment.

Not exactly Maryland's restrictions, just that a state can restrict it.

Got it.

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Originally Posted by RWE
Interesting.

So they are essentially supporting a state's rights to restrict the 2nd Amendment.

Not exactly Maryland's restrictions, just that a state can restrict it.

Got it.

I'd rephrase that to say they are supporting a state's right to restrict the 2nd Amendment AT LEAST AS MUCH AS MARYLAND IS RESTRICTING IT. Other restrictions are not out of the question either, obviously.

Last edited by Calhoun; 02/04/16.

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Originally Posted by RWE
Interesting.

So they are essentially supporting a state's rights to restrict the 2nd Amendment.

Not exactly Maryland's restrictions, just that a state can restrict it.

Got it.


Exactly.

That pesky Constitution is fine; so long as the states get to infringe upon it as they see fit.

I think that more than a few states tried that with segregation, did they not? How'd that turn out, and would Iowa (and Iowans) support that again?


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
IC B3

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Originally Posted by Calhoun
Originally Posted by RWE
Interesting.

So they are essentially supporting a state's rights to restrict the 2nd Amendment.

Not exactly Maryland's restrictions, just that a state can restrict it.

Got it.

I'd rephrase that to say they are supporting a state's right to restrict the 2nd Amendment AT LEAST AS MUCH AS MARYLAND IS RESTRICTING IT. Other restrictions are not out of the question either, obviously.


And that makes it a BETTER argument?


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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Originally Posted by 4ager
Originally Posted by Calhoun
Originally Posted by RWE
Interesting.

So they are essentially supporting a state's rights to restrict the 2nd Amendment.

Not exactly Maryland's restrictions, just that a state can restrict it.

Got it.
I'd rephrase that to say they are supporting a state's right to restrict the 2nd Amendment AT LEAST AS MUCH AS MARYLAND IS RESTRICTING IT. Other restrictions are not out of the question either, obviously.
And that makes it a BETTER argument?

Oh no.. I'm just bashing Iowa as much as possible. It's a Nebraskan's duty to do so.


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Originally Posted by Calhoun
Originally Posted by 4ager
Originally Posted by Calhoun
Originally Posted by RWE
Interesting.

So they are essentially supporting a state's rights to restrict the 2nd Amendment.

Not exactly Maryland's restrictions, just that a state can restrict it.

Got it.
I'd rephrase that to say they are supporting a state's right to restrict the 2nd Amendment AT LEAST AS MUCH AS MARYLAND IS RESTRICTING IT. Other restrictions are not out of the question either, obviously.
And that makes it a BETTER argument?

Oh no.. I'm just bashing Iowa as much as possible. It's a Nebraskan's duty to do so.


ROTFLMAO!

Well played, sir.


Originally Posted by Mannlicher
America needs to understand that our troops are not 'disposable'. Each represents a family; Fathers, Mothers, Sons, Daughters, Cousins, Uncles, Aunts... Our Citizens are our most valuable treasure; we waste far too many.
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Originally Posted by 4ager
Originally Posted by Calhoun
Oh no.. I'm just bashing Iowa as much as possible. It's a Nebraskan's duty to do so.
ROTFLMAO!

Well played, sir.

Iowa is just scared that if you remove some gun restrictions from states that they might have to let Iowans hunt deer with something as dangerous as this as opposed to shotguns:

[Linked Image]

Thousands of Iowans could die if exposed to high power weapons developed in the 19th century!!!!

grin grin grin



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Great analysis of this decision:

Big #2A Win – 4th Circuit Applies Strict Scrutiny to Maryland Gun Control Law

Quote
Virtually all gun control laws will be found unconstitutional if subject to strict scrutiny



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Good News here.

But, I won't be surprised if the Supreme Court goes through all kinds of gyrations to avoid hearing this case. They are very good at bobbing and weaving when they want to.


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Quote
Great analysis of this decision:

Big #2A Win – 4th Circuit Applies Strict Scrutiny to Maryland Gun Control Law


Thanks for the link.


Be not weary in well doing.
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If it was a 2-1 decision in the Appeals, can it be pushed back up there again for an en-banc review? Is it likely to happen?


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It's going back up on appeal after the remand ruling so the en-banc review would have to wait until after they rule on the next appeal.



The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.
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Thanks.. Didn't know if Maryland could stop the strict scrutiny change by asking for an en-banc review or not.


The Savage 99 Pocket Reference”.
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Also dates, checkering, engraving.. Find at www.savagelevers.com
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