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DonViejo

(60,536 posts)
Mon Nov 27, 2017, 12:26 PM Nov 2017

Top court rejects challenge to Maryland assault weapons ban

Source: Reuters




#SUPREME COURT NOVEMBER 27, 2017 / 9:50 AM

Andrew Chung

WASHINGTON (Reuters) - The U.S. Supreme Court, which has avoided major gun cases for seven years, on Monday declined to hear a challenge backed by the National Rifle Association to Maryland’s 2013 state ban on assault weapons enacted after a Connecticut school massacre.

The court turned away an appeal by several Maryland residents, firearms dealers and the state NRA association, who argued that the ban violated their right to keep and bear arms under the U.S. Constitution’s Second Amendment.

The justices sidestepped the roiling national debate over the availability of military-style guns to the public.

The case focused on weapons that have become a recurring feature in U.S. mass shootings including the Nov. 5 attack at a Texas church that killed 26 people, the Oct. 1 attack at a Las Vegas concert that killed 58 people, and the 2012 massacre of 20 schoolchildren and six adults at Sandy Hook Elementary School in Newtown, Connecticut, which prompted Maryland’s law.




Read more: https://www.reuters.com/article/us-usa-court-guncontrol/top-court-rejects-challenge-to-maryland-assault-weapons-ban-idUSKBN1DR1SE

36 replies = new reply since forum marked as read
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Top court rejects challenge to Maryland assault weapons ban (Original Post) DonViejo Nov 2017 OP
Is this an outbreak of states' rights, or recognition bucolic_frolic Nov 2017 #1
Wow BumRushDaShow Nov 2017 #2
From SCOTUSblog... Princess Turandot Nov 2017 #3
This great news Gothmog Nov 2017 #4
This is excellent news. Can't wait to hear the NRA -- and the AR15 obsessed -- whine. Hoyt Nov 2017 #5
Clearly this is the death of the Republic, and the criminals win, etc. Orrex Nov 2017 #6
Sandy Hook. Liberals think more of the precious children. Not the second amendment. We are monsters. Fred Sanders Nov 2017 #12
First they take away the guns IronLionZion Nov 2017 #9
Well, they can still buy this small-caliber hunting/target rifle: William Seger Nov 2017 #14
The last assault weapons ban was not so tricky at all. A lengthy list of models will do the trick. Fred Sanders Nov 2017 #17
The companies just renamed the model and got right around it. NutmegYankee Nov 2017 #18
Regulations authorized by the same law have the list which/was/is easily amendable. n/t Fred Sanders Nov 2017 #22
That doesn't solve the problems of what goes on the list and keeping a list up to date William Seger Nov 2017 #19
Agreed. But that rifle isn't sexy enough to entice white wing gunners to buy 10 of them and Hoyt Nov 2017 #21
Yep, one of these and the standard 5-round clip is all you need for shooting varmits on the ranch William Seger Nov 2017 #23
The Ruger can not use the same magazines as the AR-15. oneshooter Nov 2017 #29
Ah, you're right -- misread -- but you can get 20- and 30-round magazines like an AR-15 (nt) William Seger Nov 2017 #34
At two to three times the cost. oneshooter Nov 2017 #35
Changes nothing hack89 Nov 2017 #15
Yeah, you probably have 4 or 5 of them and don't live in Maryland. Hoyt Nov 2017 #20
Rhode Island is good to gun owners hack89 Nov 2017 #24
Good for the Paddocks, Kelleys, Lanzas, etc. Hoyt Nov 2017 #26
CT had an AWB, remember? Nt hack89 Nov 2017 #27
Yeah, but you gunners and the NRA worked hard to get Bushmaster's version excluded from the ban. Hoyt Nov 2017 #30
No. Most AR-15s were legal in CT. hack89 Nov 2017 #31
You missed my point -- Quit trying to appease gun owners. Just ban the damn things and magazines Hoyt Nov 2017 #32
I don't have that power. hack89 Nov 2017 #33
Some good news thanks to the Supremes pandr32 Nov 2017 #7
I suspect they are letting the issue "percolate" more. bitterross Nov 2017 #8
Nice spin but total loss for the NRA x2, including Florida open carry ban upheld. Heller limited. Fred Sanders Nov 2017 #11
Thou Shalt Not Speak Ill of Heller. Heller is Sacrosanct Orrex Nov 2017 #16
Its not exactly spin DetroitLegalBeagle Nov 2017 #28
Oh well Yo_Mama_Been_Loggin Nov 2017 #10
Did I miss something? Is this the democratic master plan to take..... usaf-vet Nov 2017 #13
Because guns aren't a 2nd Amendment issue, they're a public health and safety issue. marble falls Nov 2017 #25
This isn't particularly surprising ClarendonDem Nov 2017 #36

bucolic_frolic

(43,244 posts)
1. Is this an outbreak of states' rights, or recognition
Mon Nov 27, 2017, 12:40 PM
Nov 2017

that even the Justices would like to live in a civilized society?

Princess Turandot

(4,787 posts)
3. From SCOTUSblog...
Mon Nov 27, 2017, 12:54 PM
Nov 2017
Perhaps the most noteworthy denials came in two cases involving gun rights: Kolbe v. Hogan, a challenge to Maryland’s ban on semi-automatic rifles and large-capacity magazines, passed in the wake of the mass shooting at a Connecticut elementary school; and Norman v. Florida, a challenge to the state’s ban on the open carrying of guns in public. In both cases, the lower courts had upheld the states’ bans, so today’s rulings leave those decisions in place.

Unlike last June, when Justices Clarence Thomas and Neil Gorsuch dissented from the court’s denial of review in Peruta v. California, in which the justices had been asked to decide whether the Second Amendment protects the right to carry a gun outside the home for self-defense, today’s denials were not accompanied by any public comments from the justices. http://www.scotusblog.com/2017/11/no-new-grants-court-denies-review-gun-rights-cases/#more-264365


It only takes 4 justices to add a case to their docket. So at least 6 of them declined to do so.

Orrex

(63,219 posts)
6. Clearly this is the death of the Republic, and the criminals win, etc.
Mon Nov 27, 2017, 01:55 PM
Nov 2017

WON'T SOMEONE PLEASE THINK OF THE PRECIOUS, PRECIOUS GUNS!!!!!!1!

Fred Sanders

(23,946 posts)
12. Sandy Hook. Liberals think more of the precious children. Not the second amendment. We are monsters.
Mon Nov 27, 2017, 02:50 PM
Nov 2017

IronLionZion

(45,484 posts)
9. First they take away the guns
Mon Nov 27, 2017, 02:25 PM
Nov 2017

second they implement all sorts of government oppression and we can't resist tyranny.

third, we all die from socialism

This is the end of the republic.

William Seger

(10,779 posts)
14. Well, they can still buy this small-caliber hunting/target rifle:
Mon Nov 27, 2017, 03:15 PM
Nov 2017


The Ruger Mini-14 doesn't look like an assault rifle, but it's the functional equivalent of an AR-15: It fires the same .223 ammo as fast as you can pull the trigger, it accepts the same high-capacity clips, and with a little practice it can be bump-fired without a special stock. This is why legislation defining "assault weapon" is tricky.

NutmegYankee

(16,201 posts)
18. The companies just renamed the model and got right around it.
Mon Nov 27, 2017, 03:43 PM
Nov 2017

Ban a model R15S and the company introduces new model S15R.

 

Hoyt

(54,770 posts)
21. Agreed. But that rifle isn't sexy enough to entice white wing gunners to buy 10 of them and
Mon Nov 27, 2017, 03:49 PM
Nov 2017

hi-capacity magazines. If every state had a ban similar to Maryland, the gun industry -- as we know it -- would flounder.

William Seger

(10,779 posts)
23. Yep, one of these and the standard 5-round clip is all you need for shooting varmits on the ranch
Mon Nov 27, 2017, 04:13 PM
Nov 2017

... but if you have to fight off the government, you want to look like Rambo, not Hoss Cartwright.

 

Hoyt

(54,770 posts)
30. Yeah, but you gunners and the NRA worked hard to get Bushmaster's version excluded from the ban.
Mon Nov 27, 2017, 07:33 PM
Nov 2017

Next time, the law needs to be written to exclude these rifles without attempting to appease gunners, no matter how loudly you guys whine. The recent court decision would appear to make it much easier for a state to ban semi-auto rifles with a lot fewer exceptions.

hack89

(39,171 posts)
31. No. Most AR-15s were legal in CT.
Mon Nov 27, 2017, 07:51 PM
Nov 2017

Not the NRA's fault that people profoundly ignorant about guns wrote a poor law.

 

Hoyt

(54,770 posts)
32. You missed my point -- Quit trying to appease gun owners. Just ban the damn things and magazines
Mon Nov 27, 2017, 07:54 PM
Nov 2017

over 5 shots. Don't make the same mistake of trying to appease the NRA and gun-strokers.

When gunners whine that most semi-autos -- pistols or rifles -- hold more than 5 rounds, tell them to go pound sand.

hack89

(39,171 posts)
33. I don't have that power.
Mon Nov 27, 2017, 08:12 PM
Nov 2017

Can't ban a single gun even if I wanted to. Don't blame me for gun control bring a colossal failure in America - you need to look into a mirror and start being honest with yourself. May be then you can find success.

 

bitterross

(4,066 posts)
8. I suspect they are letting the issue "percolate" more.
Mon Nov 27, 2017, 02:13 PM
Nov 2017

When I consider this I come to the conclusion they are allowing the issue to play out further in the states and lower courts before addressing it. NY and CT are in the Second Circuit and VA is in the Fourth Circuit. So far, the circuits are upholding the bans. So there is no real reason for SCOTUS to get involved because the circuits have not split yet on the issue.

They are doing what they should do actually and I doubt this came as much of a surprise to the attorneys involved.

On Edit:

The more I think about this the more the NRA should be pleased SCOTUS didn't take the case. If they did and upheld the ban then it would apply to all states. Right now, the states within the circuits that might actually overturn a ban are unlikely to pass bans. For instance, the Fifth Circuit, where TX, LA and MS are or the Tenth Circuit where UT, OK, KS, WY, and NM are would be the prime venues in which to bring a case against a ban. However, none of those states is likely to pass one any time soon.

By doing nothing in this instance, the NRA and the gun-humpers are actually better off.

Fred Sanders

(23,946 posts)
11. Nice spin but total loss for the NRA x2, including Florida open carry ban upheld. Heller limited.
Mon Nov 27, 2017, 02:45 PM
Nov 2017

Issues (1) Whether District of Columbia v. Heller excludes the most popular semiautomatic rifles and magazines from Second Amendment protection; and (2) whether they may be banned even though they are typically possessed for lawful purposes, including self-defense in the home.

http://www.scotusblog.com/case-files/cases/kolbe-v-hogan/

If the NRA backed both challenges to the bans...why are they pleased??

DetroitLegalBeagle

(1,925 posts)
28. Its not exactly spin
Mon Nov 27, 2017, 06:12 PM
Nov 2017

The idea that SCOTUS is punting gun cases for the time being is fairly well accepted among legal circles at this time. Supreme Court decisions can only veer as far left or right as the most moderate Justice who is voting to concur will allow. From who former pages and legal analysts have said as far as Heller is concerned, Scalia moderated the decision in order to keep Kennedy on board. Knowing this, the other 4 Justices are not apt to bring any more gun cases to SCOTUS review until a more reliable 5th vote is seated. If the GOP get to pick 1 more Justice, then expect SCOTUS to take on a future AWB case, as well as CCW case. There are currently splits between circuit courts as far as CCW goes, and SCOTUS isn't apt to let those splits sit very long. Think of it this way, if the GOP get 1 more pick, Roberts will become the swing vote. Roberts.

usaf-vet

(6,193 posts)
13. Did I miss something? Is this the democratic master plan to take.....
Mon Nov 27, 2017, 02:55 PM
Nov 2017

..... away everyone's guns? Very devious plan. Get control of the Senate, House and White House. Steal a SCOTUS seat from Obama. Appoint Gorsuch to the stolen seat making it a 5-4 conservative court. THEN take away guns. Clever subterfuge.

 

ClarendonDem

(720 posts)
36. This isn't particularly surprising
Mon Nov 27, 2017, 10:15 PM
Nov 2017

And an assault weapons ban is consistent with Heller. So some states can ban assault weapons without violating the constitution, and others can have more lenient laws. For instance, while Maryland banned assault weapons, I'd be shocked if North Carolina or Virginia (also in the 4th Circuit) enacted similar bans, and I'm pretty certain South Carolina (another 4th Circuit state) won't enact a similar law any time soon. Of course, Congress could ban assault weapons, but they can't even enact less controversial laws like universal background checks or bump-stock bans.

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