Maryland AWB case Snope v Brown going to SCOTUS. (Formerly Bianchi v Brown & Bianchi v Frosh)

[MickeyD’s]

Got the guy some slack. We're not all lawyers are legal junkies here. We're just trying to understand what this means for all of us as gun owners behind the Iron Curtain.

Actually, that was the first time I replied anything on these cases.



That’s a lie


Thank you for the concise, readable, and understandable answers.

 

[DarthRevan]

Jesus dude

You ask this everytime

Mute is your friend

 

[sbhaven]

Keep an eye on the case pages on the SCOTUS website to see if it's relisted or something else. As of this post no update yet.

David Snope, et al., Petitioners v. Anthony G. Brown, in His Official Capacity as Attorney General of Maryland, et al.
Ocean State Tactical, LLC, dba Big Bear Hunting and Fishing Supply, et al., Petitioners v. Rhode Island, et al.

Edit: Fixed the site borking the two links.

 

[PappyM3]

Mild inconvenience… buy in NH with no sales tax

Except for pistols or stripped receivers.

 

[sbhaven]

View: https://www.youtube.com/watch?v=6Q3XUgbIJE8

The Supreme Court just issued a new cert order list, but no 2A case appeared on it. Mark Smith, Four Boxes Diner, analyzes...

Edit to add: Seems to think the chances of a cert has; "materially been reduced".

 

[MickeyD’s]

Except for pistols or stripped receivers.

Well AWB was never going to effect the roster shit

As for stripped yea it’s annoying

 

[PappyM3]

Well AWB was never going to effect the roster shit

As for stripped yea it’s annoying

My point of bringing up pistols was “assault weapon” pistols, like ARs, PCCs, etc

 

[Lokdog]

So the Court didn't deny Cert in either case so that's the silver lining, for now

 

[T-Unit]

So the Court didn't deny Cert in either case so that's the silver lining, for now

The crux of the lack of a grant is what more does SCOTUS need to see before they do other than get 5 antis on the court in the future so they can uphold AWB and mag laws? SCOTUS seems to be waiting for a circuit split, which is never going to happen because the circuits that would strike down an AWB are made up of states that would never make such a law.

The only precedence I'm seeing here with SCOTUS is that so long as it's not a carry based restriction, the court believes states have the authority to ban any firearm and enact any restriction to obtaining firearms or ammunition.

Somewhat similar to the Dobbs decision, the court didn't ban abortion, they left it up to states to decide whether or not to ban it. Forget about what the rights are in the constitution, the current court seems hellbent on ripping liberty away from the people and giving it to the state(s).

 

[Jsfitzgerald85]

I think the court saw the flak it took from Row V Wade and as a result, it wont ever touch an AWB case. It will continue to kick the can down the road, but it won't ever pick that can up and deal with it.

 

[T-Unit]

I think the court saw the flak it took from Row V Wade and as a result, it wont ever touch an AWB case. It will continue to kick the can down the road, but it won't ever pick that can up and deal with it.

The only one who cares about the perception of the court is Roberts because he's the Chief, the other 8 are just there to sway one or two others to get a majority to cater to their interest groups. This has everything to do with making the state the ultimate power. The court may reverse Cheveron, that's a move to take power from unelected officials to elected ones because the unelected ones are always Democrats and the Republicans in DC want to get in on that sweet, sweet bribe and grift money, it had nothing to do with reducing gun regulations coming from the ATF, that was simply a byproduct.

 

[pastera]

Well AWB was never going to effect the roster shit

As for stripped yea it’s annoying

Depending on how an opinion is written it very well could destroy rosters.

Rosters ban all handguns as a class unless a manufacturer proves to the government that their products meet an arbitrary set of standards.
The inverse test of an assault weapon ban but still an impermissible features based legality test.

That said, a state would have the right to ban objectively unsafe firearms from sale or, at the very least, require notice at point of sale.

 

[T-Unit]

lol, "WARNING: This is a firearm and firearms are known to be deadly when improperly or properly handled."

Yeah, no shit.

 

[pastera]

I think the court saw the flak it took from Row V Wade and as a result, it wont ever touch an AWB case. It will continue to kick the can down the road, but it won't ever pick that can up and deal with it.

The court didn't take the kind of flack that the media tried to portray.
Within the legal realm, everyone agreed that Roe was improperly held and that was a bigger issue than turning it back to the states.

Assault weapons bans aren't even close to the level of Roe - it's a blue state issue and that's it.

 

[pastera]

lol, "WARNING: This is a firearm and firearms are known to be deadly when improperly or properly handled."

Yeah, no shit.

No, like a "this firearm is known to fire when dropped or struck"

 

[El_Guapo77]

Not a great feeling right now I'm hopeful we get some kind of good news on Tuesday

 

[btnh6668]

f***ing lame. So tired of these turncoats. They talk a good game till it comes time to take action.

 

[Cap'n Mike]

I’m pretty sure Thomas and Alito and Kavanaugh would vote to grant Cert.

Maybe they can’t get the fourth vote to grant Cert.?

Maybe they are unsure of getting the fifth vote to win the case?

 

[Thumopolis]

f***ing lame. So tired of these turncoats. They talk a good game till it comes time to take action.

Exactly . One would hope with the majority of republicans who say they’re pro 2A we would get results but I’ll still believe it when I see it. Unfortunately words mean nothing and only actions can be trusted.

 

[GL2020]

I’m pretty sure Thomas and Alito and Kavanaugh would vote to grant Cert.

Maybe they can’t get the fourth vote to grant Cert.?

Maybe they are unsure of getting the fifth vote to win the case?

Thought they only needed 3..

Edit: Nope it is 4

 

[T-Unit]

I’m pretty sure Thomas and Alito and Kavanaugh would vote to grant Cert.

Maybe they can’t get the fourth vote to grant Cert.?

Maybe they are unsure of getting the fifth vote to win the case?

I'd think Gorsuch and Roberts would be on board for striking down AWB at the least because states can almost literally decide anything is an "assault weapon." For now it's semi autos with features, next it will be lever actions and we need not question that because Australia had a fit over some lever action shotguns 10 years ago and banned those too. After that it'll be pump actions with features until finally they just decide to do away with anything that shoots more than 3 rounds a minute as that was the standard rate of fire in the 18th Century.

I thought the whole deal with Bruen was to set the standard of "text, history, and tradition" for 2A cases? Is SCOTUS trying to tell us that Ben Franklin, Washington, Jefferson, and Adams would all have been for banning muskets with a pistol grip or a folding stock? Of course they wouldn't and if AR's existed they wouldn't have supported any restrictions on features for those.

The whole semi auto language is a completely different animal.

 

[pastera]

I’m pretty sure Thomas and Alito and Kavanaugh would vote to grant Cert.

Maybe they can’t get the fourth vote to grant Cert.?

Maybe they are unsure of getting the fifth vote to win the case?

Four are needed - it's not the four as we have that
It's the fifth

We don't actually know exactly what they are planning or what game is being played.
And there is a game being played

 

[pastera]

I'd think Gorsuch and Roberts would be on board for striking down AWB at the least because states can almost literally decide anything is an "assault weapon." For now it's semi autos with features, next it will be lever actions and we need not question that because Australia had a fit over some lever action shotguns 10 years ago and banned those too. After that it'll be pump actions with features until finally they just decide to do away with anything that shoots more than 3 rounds a minute as that was the standard rate of fire in the 18th Century.

I thought the whole deal with Bruen was to set the standard of "text, history, and tradition" for 2A cases? Is SCOTUS trying to tell us that Ben Franklin, Washington, Jefferson, and Adams would all have been for banning muskets with a pistol grip or a folding stock? Of course they wouldn't and if AR's existed they wouldn't have supported any restrictions on features for those.

The whole semi auto language is a completely different animal.

Thomas, Alito and Kavanagh are highly likely to strike down the bans.
Gorsuch and Barrett are very likely.
Roberts will go where he thinks it makes the court look unbiased.

Roberts may be playing games with other cases trading off positions.
Singing up for stronger opinions on other cases in exchange for walking away from 2a or handing down a weak opinion

 

[Love Machine]

If they wanted to have this decision buried, they would absolutely do it the day after the inauguration.

 

[Coyote33]

If they wanted to have this decision blamed on Trump, they would absolutely do it the day after the inauguration.

FIFY

 

[CatSnoutSoup]

I can see normally laid back folks around here starting to get a bit nervous...

 

[Noreaster]

I kinda feel like this is going to get punted down the road a bit. Bruen went to 4 conferences, and cert was not announced till after the weekend.
MLK day on Monday, as well as the inauguration. I am getting the DISTRIBUTED feeling.

 

[pastera]

I kinda feel like this is going to get punted down the road a bit. Bruen went to 4 conferences, and cert was not announced till after the weekend.
MLK day on Monday, as well as the inauguration. I am getting the DISTRIBUTED feeling.

Concur
We forget that these two tightly related cases dwarf Bruen in impact.
Bruen is confined to carry permit issuance which is a moot issue in 29 states and a formality in most others.

Snope and Ocean State would build a framework to take down the NFA and GCA. It would destroy the foundations of the gun control groups with only red flags left for expansion.

SCOTUS has been careful in its dicta to hint at automatics being outside the 2nd's protection but they also have to be careful not to invalidate Miller.
Remember Miller holds that arms useful for military purposes ARE protected. The Hughes amendment might go down if an opinion on Snope doesn't carefully carve out automatics.

 

[Noreaster]

Concur
We forget that these two tightly related cases dwarf Bruen in impact.
Bruen is confined to carry permit issuance which is a moot issue in 29 states and a formality in most others.

Snope and Ocean State would build a framework to take down the NFA and GCA. It would destroy the foundations of the gun control groups with only red flags left for expansion.

SCOTUS has been careful in its dicta to hint at automatics being outside the 2nd's protection but they also have to be careful not to invalidate Miller.
Remember Miller holds that arms useful for military purposes ARE protected. The Hughes amendment might go down if an opinion on Snope doesn't carefully carve out automatics.

I also can't help but wonder if the backlash they received from bruen and (the big one) overturning roe, add another dimension to selecting cases. It shouldn't work that way, but....

 

[pastera]

I also can't help but wonder if the backlash they received from bruen and (the big one) overturning roe, add another dimension to selecting cases. It shouldn't work that way, but....

We saw the outrage from Bruen because we pay attention.
Outside the gun community it wasn't much at all.
Think of what the average person sees Bruen as: If a person passes all of the tests and background checks the state has to give them a license so no more licenses only for the rich and connected.
The only people pissed about Roe are white liberal women and shitty "pro-life" charities for the loss in funding.

Roberts really is the main one watching media. But he is also the rudder in that he can sway outcomes by assignment of the cases away from justices that really care about the subject.
Had Rahimi been extremely clear in who and for what reasons exactly is able to be stripped of 2a rights, we wouldn't be in this position.