Two Potential Losses for Second Amendment Advocates

[TeddyR]

Two cases that are of interest to those who advocate for the individual right to keep and bear arms are kicking around in my neck of the woods. The first involves the District of Columbia's law that requires a concealed carry applicant to show "good reason" for needing to carry. A federal district court judge ruled yesterday that DC could continue to enforce the law while a lawsuit challenging the law's constitutionality was pending. The plaintiffs immediately appealed to the DC Circuit Court. Story here - https://www.channelone.com/news_post/judge-sides-with-dc-in-ongoing-lawsuit-over-gun-law/

And late last week the Fourth Circuit agreed to an en banc rehearing of a panel decision from a month or so ago that held Maryland's "assault weapon" ban should be reviewed under a "strict scrutiny" standard, the most demanding level of judicial review. Other federal courts have applied a less demanding standard of review and have upheld similar laws. Since the court accepted en banc review I expect it to hold that a less demanding standard applies. Store here - http://www.huffingtonpost.com/entry/assault-weapons-maryland_us_56d9ed4ce4b0000de4048c82

[flamin lib]

1. I'm waiting with bated breath to hear the decision in Voisine v. United States

Two domestic abusers with long histories of abuse of multiple partners had their guns taken and were put on the NICS list. Lower courts upheld the seizure but the SCOTUS decided to hear the case (pre the loss of Scalia). The contention is that there are two levels of domestic abuse, those pre-meditated and those that occur in a fit of passion. I call it "the bitch just wouldn't listen" defense. They have heard the case and will issue an opinion in a few months.

Oh, and one of them was discovered to still have guns when he shot and killed a bald eagle on public land. Real examples of responsible gun owners.

[gejohnston]

2. One of them committed two felonies

prohibited person in possession and killing a bald eagle or golden eagle.
https://en.wikipedia.org/wiki/Bald_and_Golden_Eagle_Protection_Act