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Link Posted: 2/23/2016 5:04:22 PM EDT
[#1]

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Quoted:
The first ruling was by just 3 judges an en banc case will be heard before all 15 judges in the 4th circuit. This isn't uncommon with big cases. They can decline to take the case up again though at which point the previous ruling would go into effect.
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Not sure I understand this en blanc thing.



So The Attorney General doesn't like the ruling so he is sending it back to the 4th circuit to have them "re-rule" on it?




The first ruling was by just 3 judges an en banc case will be heard before all 15 judges in the 4th circuit. This isn't uncommon with big cases. They can decline to take the case up again though at which point the previous ruling would go into effect.




 
That would then result in a circuit split and would most likely involve a trip to SCOTUS.  Then the best we could hope for is a 4-4 split leaving the existing 4th Circuit ruling in effect.  As I said, keeping this away from SCOTUS now is a good thing.
Link Posted: 2/23/2016 5:26:24 PM EDT
[#2]
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 As I said, keeping this away from SCOTUS now is a good thing.
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Keeping ALL 2A cases away from SOCTUS is paramount until the next Judge is confirmed; IF obeyme gets his way you can absolutely bet the Farm his appointment will require constant blood transfusions from its bleeding heart.
Link Posted: 2/24/2016 11:35:33 AM EDT
[#3]
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The first ruling was by just 3 judges an en banc case will be heard before all 15 judges in the 4th circuit. This isn't uncommon with cases that don't go their way..
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Not sure I understand this en blanc thing.

So The Attorney General doesn't like the ruling so he is sending it back to the 4th circuit to have them "re-rule" on it?


The first ruling was by just 3 judges an en banc case will be heard before all 15 judges in the 4th circuit. This isn't uncommon with cases that don't go their way..


FIFY

Simply look to the Peruta case in CA. The 9th Circuit removes the "good cause" requirement to get a carry permit and the CA AG orders an en banc review that will most likely overturn the decision.

http://blog.californiarighttocarry.org/?page_id=1575
Link Posted: 2/24/2016 12:22:14 PM EDT
[#4]

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FIFY



Simply look to the Peruta case in CA. The 9th Circuit removes the "good cause" requirement to get a carry permit and the CA AG orders an en banc review that will most likely overturn the decision.



http://blog.californiarighttocarry.org/?page_id=1575

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Quoted:



Quoted:


Quoted:

Not sure I understand this en blanc thing.



So The Attorney General doesn't like the ruling so he is sending it back to the 4th circuit to have them "re-rule" on it?




The first ruling was by just 3 judges an en banc case will be heard before all 15 judges in the 4th circuit. This isn't uncommon with cases that don't go their way..




FIFY



Simply look to the Peruta case in CA. The 9th Circuit removes the "good cause" requirement to get a carry permit and the CA AG orders an en banc review that will most likely overturn the decision.



http://blog.californiarighttocarry.org/?page_id=1575





 
Wow, I thought they had already overturned the Peruta case.  Seemed a given.  Of course this is another one of those cases that should the current ruling stand, there will be a circuit split.  Then off to the Supreme Court where we can basically kiss "Shall Issue" goodbye.




As noted above, best to keep ALL 2A cases away from the court now if/until they are in a position to give a more favorable ruling (not holding my breath).
Link Posted: 3/4/2016 9:38:06 PM EDT
[#5]
No surprise really.  Sadly, in light of the death of Justice Scalia, this is good news.  If a reversal keeps this case away from SCOTUS, all the better.
https://www.nraila.org/articles/20160304/federal-court-of-appeals-to-review-important-gun-rights-decision
The United States Court of Appeals for the Fourth
Circuit announced this afternoon that it has agreed to an en banc
re-hearing in Kolbe v. Hogan. As we previously reported,
the Fourth Circuit’s earlier decision in Kolbe has the potential to
invalidate Maryland’s ban on common semi-automatic firearms and
detachable magazines.  The
Kolbe decision is extremely important, as it is the first instance
where a United States court of appeals required "strict scrutiny,” the
most stringent form of judicial review, for a ban on so-called "assault
weapons” and detachable magazines.




The outcome is the re-hearing is too close to call at this point.  We
will keep you apprised of further developments of this NRA-supported
case as they occur.  






   


 
 
Link Posted: 3/5/2016 9:55:02 PM EDT
[#6]
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No surprise really.  Sadly, in light of the death of Justice Scalia, this is good news.  If a reversal keeps this case away from SCOTUS, all the better.

https://www.nraila.org/articles/20160304/federal-court-of-appeals-to-review-important-gun-rights-decision

The United States Court of Appeals for the Fourth Circuit announced this afternoon that it has agreed to an en banc re-hearing in Kolbe v. Hogan. As we previously reported, the Fourth Circuit’s earlier decision in Kolbe has the potential to invalidate Maryland’s ban on common semi-automatic firearms and detachable magazines.  The Kolbe decision is extremely important, as it is the first instance where a United States court of appeals required "strict scrutiny,” the most stringent form of judicial review, for a ban on so-called "assault weapons” and detachable magazines.

The outcome is the re-hearing is too close to call at this point.  We will keep you apprised of further developments of this NRA-supported case as they occur.  


   
   
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So if they review it and find in favor of us that means 30 round magazines and collapsible stocks flow like water for everyone?
Link Posted: 3/5/2016 10:24:39 PM EDT
[#7]

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Quoted:
So if they review it and find in favor of us that means 30 round magazines and collapsible stocks flow like water for everyone?
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Quoted:



Quoted:

No surprise really.  Sadly, in light of the death of Justice Scalia, this is good news.  If a reversal keeps this case away from SCOTUS, all the better.



https://www.nraila.org/articles/20160304/federal-court-of-appeals-to-review-important-gun-rights-decision



The United States Court of Appeals for the Fourth Circuit announced this afternoon that it has agreed to an en banc re-hearing in Kolbe v. Hogan. As we previously reported, the Fourth Circuit’s earlier decision in Kolbe has the potential to invalidate Maryland’s ban on common semi-automatic firearms and detachable magazines.  The Kolbe decision is extremely important, as it is the first instance where a United States court of appeals required "strict scrutiny,” the most stringent form of judicial review, for a ban on so-called "assault weapons” and detachable magazines.



The outcome is the re-hearing is too close to call at this point.  We will keep you apprised of further developments of this NRA-supported case as they occur.  





   

   






So if they review it and find in favor of us that means 30 round magazines and collapsible stocks flow like water for everyone?
Only in their circuit.

 
Link Posted: 3/5/2016 11:09:24 PM EDT
[#8]
Who cares!  Trump is gonna win the election and 40 round mags as well as .45 cal Ammo is gonna fall from the skies.

Only if he takes Cruz as his VP to guide his big mouth.
Link Posted: 3/6/2016 6:25:46 AM EDT
[#9]
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Who cares!  Trump is gonna win the election and 40 round mags as well as .45 cal Ammo is gonna fall from the skies.

Only if he takes Cruz as his VP to guide his big mouth.
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I would rather see Cruz a Chief Justice of the Supreme Court with another conservative pick when Ginsberg kicks off.
Link Posted: 3/6/2016 9:11:49 AM EDT
[#10]
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Only in their circuit.  
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Quoted:
Quoted:
No surprise really.  Sadly, in light of the death of Justice Scalia, this is good news.  If a reversal keeps this case away from SCOTUS, all the better.

https://www.nraila.org/articles/20160304/federal-court-of-appeals-to-review-important-gun-rights-decision

The United States Court of Appeals for the Fourth Circuit announced this afternoon that it has agreed to an en banc re-hearing in Kolbe v. Hogan. As we previously reported, the Fourth Circuit’s earlier decision in Kolbe has the potential to invalidate Maryland’s ban on common semi-automatic firearms and detachable magazines.  The Kolbe decision is extremely important, as it is the first instance where a United States court of appeals required "strict scrutiny,” the most stringent form of judicial review, for a ban on so-called "assault weapons” and detachable magazines.

The outcome is the re-hearing is too close to call at this point.  We will keep you apprised of further developments of this NRA-supported case as they occur.  


   
   



So if they review it and find in favor of us that means 30 round magazines and collapsible stocks flow like water for everyone?
Only in their circuit.  


yep and maryland is the only ban state in that circuit
Link Posted: 3/6/2016 2:14:15 PM EDT
[#11]

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Quoted:



Only in their circuit.  
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Quoted:



Quoted:


Quoted:

No surprise really.  Sadly, in light of the death of Justice Scalia, this is good news.  If a reversal keeps this case away from SCOTUS, all the better.



https://www.nraila.org/articles/20160304/federal-court-of-appeals-to-review-important-gun-rights-decision



The United States Court of Appeals for the Fourth Circuit announced this afternoon that it has agreed to an en banc re-hearing in Kolbe v. Hogan. As we previously reported, the Fourth Circuit’s earlier decision in Kolbe has the potential to invalidate Maryland’s ban on common semi-automatic firearms and detachable magazines.  The Kolbe decision is extremely important, as it is the first instance where a United States court of appeals required "strict scrutiny,” the most stringent form of judicial review, for a ban on so-called "assault weapons” and detachable magazines.



The outcome is the re-hearing is too close to call at this point.  We will keep you apprised of further developments of this NRA-supported case as they occur.  





   

   






So if they review it and find in favor of us that means 30 round magazines and collapsible stocks flow like water for everyone?
Only in their circuit.  
... and thus a dreaded circuit split.  At that point it would be reasonable to assume that Maryland would appeal to SCOTUS where the best we could hope for is a 4-4 split which would simply leave the matter undecided outside the 4th Circuit.  Worst case, it is a 5-3 decision or worse against "Strict Scrutiny" and we are boned.



I guess we need to hope for a reversal in the en banc hearing and wait for a future circuit split when the court might be more favorable to a Second Amendment ruling.  Personally I have a feeling the Senate Republicans may be better off taking an Obama appointee then a potential Hillary appointee.  Plus there is the risk the Republicans could lose the Senate in November.  This does bring up an academic question; if there is an appointee still on the table in November, Hillary wins and the Republicans will be in the minority in January 2017, could they cut their losses and approve the appointee in the November/December 2016 time frame?  At this point it looks like Obama is vetting nominees previously approved by Republican's which may be more palatable than what Hillary and a Democrat controlled Senate will approve.



 
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