Full U.S. appeals court to consider Maryland assault weapons

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Full U.S. appeals court to consider Maryland assault weapons

Postby jdege on Wed Jan 17, 2024 11:36 pm

https://www.reuters.com/legal/government/full-us-appeals-court-consider-maryland-assault-weapons-ban-2024-01-16/
Full U.S. appeals court to consider Maryland assault weapons ban
an 16 (Reuters) - A federal appeals court has said it will hear a series of major challenges to gun control laws in March, including a case seeking to strike down Maryland's ban on assault weapons in the wake of a 2022 U.S. Supreme Court ruling that broadly expanded gun rights.
The 4th U.S. Circuit Court of Appeals on Friday took the rare step of voting to allow, opens new tab all 14 of its active judges to hear the challenge to Maryland's law before a three-judge panel that had heard arguments in the case in December 2022 could rule.

Two of the three judges on that panel were appointed by Republican presidents. The full court by contrast has eight active judges appointed by Democratic presidents and six named by Republican presidents.
Adam Kraut, the executive director of the Second Amendment Foundation, said the gun rights group was "disappointed" the 4th Circuit took the "highly unusual" step of agreeing to hear the case en banc without allowing the panel’s opinion to be released.

[...]

The Richmond, Virginia-based appeals court also decided to hear en banc, opens new tab the U.S. Justice Department's appeal of a West Virginia judge's ruling declaring a federal law that bans possessing a gun with its serial number removed unconstitutional.

A three-judge panel comprised of only Democratic appointees had similarly heard arguments over the serial number law in December 2023 but had not yet ruled.
The 4th Circuit took those two cases en banc a day after it agreed on Thursday to have the full court reconsider a panel's decision holding that Maryland's licensing requirements for people seeking to buy handguns were unconstitutional.
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Re: Full U.S. appeals court to consider Maryland assault weapons

Postby Sorcerer on Thu Jan 18, 2024 8:01 am

It takes money to pay lawyers. Appeals cost money. The government has very deep pockets. Governments aim, run their opponents out of money.
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Re: Full U.S. appeals court to consider Maryland assault weapons

Postby Lumpy on Thu Jan 18, 2024 11:57 am

Has anyone tried the argument that reserving a class of weapons solely to government actors places a state in violating the Compact Clause (Article 1, Section 10, third clause), by creating a standing force with a privilege of arms denied the citizenry?
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