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by srothstein
Fri Feb 05, 2016 10:05 pm
Forum: Other States
Topic: MD: Big Win in Kolbe v Maryland
Replies: 9
Views: 3799

Re: MD: Big Win in Kolbe v Maryland

Maybe it is my suspicious nature or maybe it is my lack of belief in miracles occurring in today's world, but I do not think this is the great victory it really sounds like. I have not read the opinion so I am basing this on media reports but I do not think the court wrote the opinion to protect our rights. It does not have that history, IMO. I think there are strong arguments that could be made for the protection of assault weapons. One example is to use the Miller case and argue that weapons similar to the military are the most strongly protected of all weapons.

I think we have a small victory here but it has a very large potential bite to it. I may be conspiracy minded, but I think they ruled this way solely to create a conflict between the circuits. It is more a rebellion against the Supreme Court not reviewing cases. This is an attempt to force them to make a decision. That can be a large victory for us but could also be a large loss.

I am not celebrating this until after I see how the Supreme Court rules on this issue.

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