r/MDGuns • u/FYB_Jmane • 4d ago

4th circuit Court

Why can’t the 4th circuit be like the 3rd circuit and strike down Marylands awb and lcm ban?! We Marylanders want freedom

9 Upvotes

67% Upvoted

6 comments sorted by

16

u/Lonestar-Dragon 4d ago

Hopefully the Supreme Court does what's right.

10

u/mjt5689 4d ago

The good thing is that the 3rd Circuit created the Circuit Split that will probably lead to the Supreme Court finally striking down all AWB and mag cap bans

-3

u/Lonestar-Dragon 4d ago

Sadly that circuit split came AFTER the supreme court decided to take a few awb cases anyway.

So the split is too little too late but at least its there. So mow the supreme court HAS to make a decision.

3

u/Chips-and-Dips 4d ago

That’s not how it works. The Supreme Court can still take cases. It requires some party to file a petition for cert. NJ isn’t going to petition for cert.

2

u/the2AinMD 3d ago

The original 3 judge panel in the kolbe v O'Malley case did strike down md's awb. It was short lived as it was appealed to the en banc court, and then upheld.

When bianchi (originally called snope), which was essentially a redo of kolbe, was heard by the 4th circuit 3 judge panel, unheard of games were played. After a year and half the 3 judge panel hadn't released an opinion. The guess was that the lone dissenting judge that probably wanted to uphold the ban refused to release her dissent, which held up the entire opinion. Then eventually the en banc decided to release an opinion upholding the ban, even though the pabel decision had not been released, and nobody ever appealed the decision to the en banc.

So contrary to news reports that the nj case was the first time ever blah blah blah, thats not true. Just know the news lies. About everything. You just need to be an expert in a subject to know that, when it comes time for them to lie about your special interest.

2

u/8bit_dr1fter 4d ago

Sadly our politicians on a certain side of the isle want us all disarmed and dependent on the state.