Fourth Circuit strikes down Maryland’s Scary Black Gun Ban
Remember when Maryland’s former governor, Marty O’Malley, currently one of the Democrat presidential candidates (in case you forgot), rammed his “Firearms Safety Act” through the legislature in the middle of the night? It banned a number of modern sporting rifles (scary black gun) and magazines for weapons that stored more than ten rounds. Well, the Fourth Circuit Court of Appeals struck that down yesterday. The court said;
“In our view, 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,’ District of Columbia v. Heller, 554 U.S. 570, 635 (2008), and we are compelled by Heller and McDonald v. City of Chicago, 561 U.S. 742 (2010), as well as our own precedent in the wake of these decisions, to conclude that the burden is substantial and strict scrutiny is the applicable standard of review for Plaintiffs’ Second Amendment claim.
It could go to the Supreme Court, I suppose, but I don’t see the current governor, Larry Hogan, appealing the 4th Circuit’s opinion. He’s been looking for a way to get rid of the FSA since he took office last year and this is a good way for him to get out of it.
Here’s the whole 90-page (.pdf) decision for you legal eagles;
That dang Constitution-thingie is always getting in the way.
Category: Guns
I ? Larry Hogan
This is gonna make libidiot heads ‘splode all over the state of Maryland – if not nationwide.
Me like. (smile)
He’s not running for President anymore. Dropped not even thirty minutes after the Iowa results went up.
Yeah. From what I’d heard, he got ONE VOTE! Not one delegate. ONE VOTE. BWHAHAHAHAHAHAHAHHA.
Hey, Jack, how ya doin’ out there?
You know me BW, I’m doing just fine.
Commies like O’Jerkweed don’t give a rats ass about the Constitution. Never have and never will.
“In our view, Maryland law implicates the core protection of the Second Amendment….” That was a delicate way of putting it. Another way? The MD law at issue is an affront to the Second Amendment and an unmitigated, unmistakable, and unconstitutional attempt to eradicate its core protection, prompting one to wonder whether the General Assembly or the Governor have ever read that amendment or the Supreme Court’s Heller decision regarding it.
Like I said above; they don’t care.
SINCE WHEN have liberal pols ever been concerned with anything but acquiring and keeping as much power and control as they can? None of them ever look at anything other than their political agenda.
The Maryland legislature learned long ago that they could pass unconstitutional laws, and that those laws would be enforced, so long as no citizens decided to devote the time, effort and money it takes to contest it.
They also replaced a perfect, fast, auditable paper ballot system with a touch screen system they were told by their own technical advisors was insecure.
That’s what you get when you have a one-party state.
I SO LOVE the sound of libtards bawling while their heads explode, IT SOUNDS LIKE FREEDOM being kept legal!!! ???
What’s with Iowa supporting this stupidity?
[…] entire decision is here (h/t This Ain’t Hell) if you want to read […]
About fooking time. Not that I paid any attention to MOM’s idiot law in the first place.
One down… Now if the 2nd would take care of the NY ‘SAFE’ act and CT 13-3 that’d be swell. I’m not holding my breath tho.
Constitution State my ass.
So are the laws gone and gun owners can do as they please or is this just a ruling without teeth and the government still enforces it?
Afraid not; this kicks the ball back into lower court to be reconsidered by them under stricter constitutional standards, while the ban stays in place. Quoted from a Townhall.com article:
“…In deep-blue Maryland, there are 45 types of firearms that are prohibited under its assault weapons ban, along with so-called high-capacity magazines. Now, a federal court has asked that the statute be reviewed under stricter legal standard. These are baby steps. The lower courts are now tasked with reviewing the law again, but the ban is still in place until another judgment is rendered…”
And the application of the strict scrutiny standard is the death knell for the law.
Some of my best guns are black.
Racism much?
;-P (/sarc)
A few of MY favorite guns are BLACK, anyone offended by that can just SUE ME, and if you get anything I’ll split it with you (MIGHTY liberal of me, ain’t it?)!
My favorite gun is my next one.
I don’t judge a gun by the color of its finish, I judge it by the content of its magazine.
I guess I’m just a dreamer.
Now if only the 9th Circuit would stop playing circle-jerk with Peruta v. San Diego County.
With apologies to Henry Ford, the liberal viewpoint, “you can have any opinion you want – so long as it agrees with mine”.