Ever since the Supreme Court ruled in DC v. Heller that the Second Amendment was an incorporated and fundamental right we’ve been waiting for additional cases to see how far that statement stretches. As stated in the opinion the Second Amendment is not an unrestricted right — only “commonly used” firearms were protected. But what qualifies as a “commonly used” firearm? And wouldn’t an AR-15, one of the most popular firearms ever produced, fall into that category and destroy the ability for states to impose their own Assault Weapons Ban?
That’s the very question that Kolbe v. Hogan sought to ask the court, a case challenging the newly enhanced Assault Weapons Ban in Maryland. Kolbe believes that the AR-15 is a Constitutionally protected firearm, much like the handgun in the Heller case, and therefore the assault weapons ban laws should be struck down.
In previous decisions along the path different courts have had different opinions — a Maryland district court ruled the law constitutional, then another court ruled that strict scrutiny needed to be applied to the case and ruled that the law was in fact unconstitutional. The latest ruling before the Supreme Court stated that the law was constitutional because the guns in question were especially dangerous, specifically discussing the Sandy Hook shooting in the decision as the rationale for upholding the ban.
It was hoped that the case would make it to the Supreme Court, where the same judges who ruled in the Heller decision would strike down the Assault Weapons Ban in Maryland and consequently California and New York would follow suit. But, in the latest order, the case has been declined for certification meaning that the lower court’s ruling will stand.
What does that mean? It creates a precedence for that court that the Assault Weapons Ban is legal and constitutional, but it doesn’t answer the question once and for all. We’ll probably see this question pop up again before the court actually decides to even listen to the case, which means even more time and money spent by Second Amendment advocates before these laws are finally struck down.
Really great article. Love it.
THE greatest insult to our little experiment with freedom and liberty is the thought of a Supreme Court justice who “interprets” the Constitution through the lens of personal conviction. Exactly what part of “shall not be infringed” is so hard to understand? NO OTHER RIGHT has been so interpreted to mean “reasonable restriction” as the 2nd. DISCUSTING.
So you’d like, what, for everyone to interperate the Constitution on their own? Complete anarchy.
There’s a reason things are the way they are, even when that way isn’t good.
There’s nothing to “interpret.” It’s written in plain English. The Enumerated Powers outlined in the Constitution does not even grant the government authority to restrict or regulate arms ownership. The way that the Enumerated Powers works, is that if it is not expressly written within the Enumerated Powers of the Constitution granting the authority to the government to do something, it cannot legally do it.
Not that it has stopped them for awhile now.
What good is the Supreme Court if they don’t hear assaults and denials of the Second Amendment to citizens of a certain state? Why is it that they constantly refuse to hear anything on a gun bill or a gun related deal? There are absolutely useless.
Not every case meets their test to be heard. Nor is it clear the ban violates the courts view on reasonable restrictions given in earlier cases.
An AMERICAN we can all take some positive life lessons from. Thank you, Mr Sebastian Gorka. This snowflake nation needs you.
Right now at best there are only 4 Justices who would vote to uphold the Second Amendment. I have no confidence in Kennedy voting with the 4 and for sure the other 4 would vote to uphold the ban. If SCOTUS upheld the Maryland ban that could have huge ramifications and IMO you would see a whole bunch of blue and purple states immediately implementing all kinds of bans including what Maryland did and much worse.
Sad for Maryland for now but I can understand the not wanting to hear the case at this point in time.
Kagan, Ginsberg, Breyer, Sotomeyer are part of a very small number of people who should smoke and smoke several packs a day at that.
Actually we should copy some aspects of Canadian gun laws!!
That means no more talk of gun registries since Canada got rid of theirs.
That means I can have new guns shipped directly to my house no longer being left with only a C&R to collect old guns.
That means getting rid of retarded import bans on guns and ammo. Cheap, surplus steel-core 7.62×39 and Chinese Norinco guns would come back!! I mean if Norinco is such a threat why aren’t we pressuring our neighbors to the north to ban them too? Are we too untrustworthy to have them but not Canadians?
That means 100% true imports not shoehorned with inferior American parts for “compliance”. I would love to get a real deal Swiss SAN SG-551 rifle!
That also means no more short barrel shotguns on the NFA registry since Canadians can buy those over the counter.
So not everything out of Canada is bad!!
A stupid video. The shooting mostly shows slow double action trigger pull using the sights. This is not how shooting happens in an emergency. Fast shooting shows the muzzle all over the place as is exactly what happens with double action trigger pull. And .357?
I take that to mean that Kennedy has gone completely wobbly post-Heller/McDonald.
Better no ruling than a bad one – but still disappointing.
“No ruling” IS a “bad ruling”. The lower court decision IS now the law of the land; precedence.
It stands in Maryland. Other states are free to choose otherwise. It’s not binding. And still, it’s ripe for consideration and review anytime the SC wishes to hear the merits of a similar case. The problem comes when allowing the case to be heard when the court isn’t sure of the outcome. It’s a wise strategic decision to wait until one of the filthy, subhuman Liberal Terrorists™ retires or drops dead before agreeing to hear it. It’s not difficult to overrule a state Court. On the other hand, it’s not impossible, but extremely unlikely for the SC to ever reverse itself. And if they do so, it’s only after many, many years. And although it’s unfortunate that many folks will have to suffer under the tyranny of domestic enemies in states like Maryland until more favorable conditions present themselves. The silver lining here is that after Ginsberg or Kennedy leave, preferably on stretchers, and soon, they’ll be replaced with 40 something year old militant originalists that will finally remove any ambiguity when it comes to the 2A.
The lower court ruling (effectively sustained by the SC) means other appeals/district/circuit courts serve as “examples” of what the SC will ignore. Kolbe v. Hogan merely becomes another instance of the lower courts successfully defying SC re Heller. Or worse, another instance of the lower courts doing what the SC wanted all along.
I don’t have any children at home now, but there is a serious likelihood that children would be somewhere in the vicinity of any DGU outside my home. There is probably little chance that someone could get the children to cover or protect them much in the chaos. But we can always try.
I’m not sure it is something we can train for, outside of marksmanship. Shot placement would be even more important in that case. There are no guarantees, and allowing a killer to proceed because we are afraid of hitting the wrong person is not acceptable to me. I sincerely hope I’m never faced with it.
Threaten the bad guys with the children amped up on sugar and given a kitten—then comes the legal guardianship paperwork (college, dowry, wedding reception, bratty grandchildren)—if they don’t throw down their guns and straighten up and fly right….
They are probably waiting for a controversy in the law to emerge as interpreted by the Districts. If different federal districts start interpreting Heller in different ways: some to uphold AWBs while others strike them down, then SCOTUS is more likely to step in and decide once and for all.
Sidenote: this may be better in the long term since it’s likely that Trump will get to nominate another justice and a true conservative majority will be in place in time for another Heller decision to be made.
I think you’re overly optimistic. There are plenty of times when the Court has taken cases for much less, including 2A cases. The justices that might want to take it know it’s too risky.
The SCOTUS denying to hear a case has no value as precedent outside of the circuit where the case was decided. So while it is disappointing that the SCOTUS has chosen to not hear this case, it’s not a loss at a national level.
From https://en.wikipedia.org/wiki/Certiorari :
[…] the Supreme Court’s denial of a petition for a writ of certiorari is sometimes misunderstood as implying that the Supreme Court approves the decision of the lower court. However, as the Court explained in Missouri v. Jenkins,[22] such a denial “imports no expression of opinion upon the merits of the case[.]” In particular, a denial of a writ of certiorari means that no binding precedent is created by the denial itself, and the lower court’s decision is treated as mandatory authority only within the geographical (or in the case of the Federal Circuit, subject-specific) jurisdiction of that court. The reasons for why a denial of certiorari cannot be treated as implicit approval were set forth in Maryland v. Baltimore Radio Show, Inc. (1950), in which the Court explained the many rationales which could underlie the denial of a writ which have nothing to do with the merits of the case.
in complete seriousness this is something my wife and i have gone over with our children multiple time over the years. Since they were old enough to be mobile and aware we have gone over this. the oldest, now 23, understands that if he chooses not to carry a firearm, or even if he does choose to get his cwp, that his official designation is mobile meat shield for the younger ones. Should he choose to carry he is the mobile meat shield that acts as the last line of protection. From there it ranges down, oldest to youngest, as the designated bullet sponge. We have also also gone over, repeatedly, E&E and the difference between cover versus concealment (dog food works better than toilet paper, and fresh dead bodies make excellent sandbags and camouflage), and just how much damage you can do as a last resort with the items on the shelf of an average grocery store or gas station. As a last resort we have trained them in firearm proficiency since they were old enough to work a magazine release. Without a real live event, and we are not looking for one, you don’t know how well it will work.
meanwhile, gods protect us, my I and or my wife are the designated distraction. Our job is to draw as much attention as possible in the direction away from the family and if possible end the threat. If the gods are kind and luck is on our side we will die in our beds at an advanced age surrounded by loved ones, but we believed it was better to be prepared than panicked. when the fecal matter hits the rotary impeller you need to have an action plan ready, not wing it.
The ironic thing is not all “assault weapons” are banned in Maryland.
AR-15’s that are not pencil/government barreled are still legal even in 5.56.
New guns that have come out in the past 20 years are still legal (the Maryland list came out in 1994).
Actual machine guns are legal in Maryland.
Bayonet lugs, pistol grips, flash hiders, folding stocks, and the like are still legal in Maryland.
Even guns that should be banned are not because of minor technicalities like Polytech M14’s and the Yugo M90NP AK.
Would someone teach that girl in the first photo how to shoot with open sights. I know it’s hard to do at first, but learn how to use them before using any red dot or a scope.
This is why the Republicans must hold the senate for the next 7 years, no matter what stupid things they do with the rest of the policy issues. There are at least 3 social justice warriors in robes on the Court who will likely be gone sometime in that 7 year period….and in order to replace them with any chance at having a real Justice…..we need the Senate…..Trump has been replacing activists at the lower court level, and he did Gorsuch…..we need ginsberg replaced, kennedy replaced…..and the absolute only way to do that is a Republican senate. So if you care about the Right to bear arms….hold your noses and put any Republican with a pulse into the Senate….otherwise they will get rid of the Right for ever….
Agreed. We ar thisclose to taking over the judiciary for at least a looooong generation, if not 2. Trump has his faults, for sure, but he’s been OUTSTANDING with his record breaking amount of judicial nominees. If nothing else, we need him to have the opportunity for as long as possible. His nominees have been better than both Bushes, by the way. Not one single liberal or middle of the road jurist, fwiw.
“People that have abused animals, every study has said they abuse women, they abuse children, they’re serial killers. . .”
This animal abuser “registry” is PITA sponsored. PITA is run by militant vegans (yes, they exist) who’s real target is farmers. PITA activists all across the country are harassing farmers by making bogus animal cruelty charges which are aimed at driving them out of business. Glad I don’t live in Illinois.
So I guess this poster thinks you will have time to do something with the kids? It would be nice, but I would not count on it!
To me that kid looks like a toddler in diapers. Wouldn’t know “Stay there” from “Sick ’em.” Personally, I wouldn’t have taken the shot, and gotten cover. But, it seems it was a success for the policeman.
It’s all in knowing your strengths and weaknesses.
April 19 1774
April 19 1775
I have the same IWB mag holster.
It’s a nice little mag holster for the price.
He bought the wrong size.
Looks like it’s the medium size and he should’ve bought the large.
Having any type of lock on a firearm meant for self protection. Is no better than having one not loaded with a round in the chamber. Wasted time could very well mean wasted life.
Call out targets.
That’s not just a DGU. Sounds to me like someone stopped a “mass shooting” at least if you go with the idea of 4 or more shot. According to that report there were two shot outside, the manager retreated inside (3) and the fellow with the concealed handgun permit (4) stopped him. Had the guy not being carrying that would be 4 shot and likely 5 counting the perpetrator once the police showed up. Sounds like the conceal carrier deserves a gun hero of the day award to me for stopping this mass shooting.
#rights
— Why we have governments, lest they forget.
— What governments constantly erode, because they forget.
— Tools to restrain governments, when they forget.
Black people’s rights to speech, assembly, and arms are a fine, unfortunate example.
In the land of the blind the one eyed man is called insane by all the blind people.
This is why we need NFA or at least Hughes repeal introduced. Even if it doesn’t go anywhere how are the libtards going to panic and faint against it without explaining the difference?
If you have to ask you can’t afford it.
Those are really fine looking stocks on those guns.
The founding fathers would be shooting by now! The liberal leftists will keep it up until there is a civil war.
Too sweet. Much sooner than I imagined. Now we have something upon which to build momentum. The Supreme Court is not going to move beyond Heller and McDonald, allowing the lower courts to fill in the blanks. States rights, and all that.
Oh, non-compliance is not really effective. Failure to surrender banned firearms (if required) need not be addressed. Simply tightening regulations such that having a firearm outside the home and connected property will render private firearms almost useless, meaning normal people can go about without the fear of some over-stressed, immature “good guy” deciding in an instant to solve all his problems by random killings.
Mick Jagger was, and remains, corredt: “Time is on my side.”
“You can’t always get what you want”. FIFY
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The guy who stopped the assault (10 minutes before the police got there) seems like a pretty responsible gun owner. He becomes “irresponsible” if he has a few more guns?
What features that help him shoot would The Mercurial Editorialist there take away from him? Costing how many more dead? (They’re just expendable church people, but still…) Or is the N R A instructor not “responsible” owning any number of guns, what with his Rambo-ing that vengeful spray of … er … a single, precisely aimed shot that did exactly what he intended? (One shot at full auto is a neat trick.)
I’m glad The Mercurial Editorialist, there, thinks she is responsible. How many active assaults could she stop with her single, single shot musket? Becuase letting people die when you could have done something is responsible.
You know he is blowing smoke up your a$$ when they say this “..Our current reasonable and logical gun ownership regulations in California..” Hardly reasonable and logical here, even the courts have said the firearm laws in California are byzantine at best and designed to trap otherwise law abiding people.
Always wanted a Range Rover, never going to get one.
Doubt quality is same as ones of years ago.
I would love to get one, but service nostalgia alone isn’t enough for me to spend over grand for an AR-15.
“American Holly” — Phooey!
We had a (variegated) holly tree next to the house where I grew up.
The berries ripened in the Autumn, and fermented on the branch, and the birds came by to eat the fermented berries. What a mess!
Holly trees may be sacred to the goddess “Hol,” or “Hel,” or “Nehelenia,” but they are readily-propagated weeds that arise from the fertilized seeds that are dropped as part of drunken-bird poop.