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Old September 28, 2017, 06:27 AM   #3
Tom Servo
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Join Date: September 27, 2008
Location: Foothills of the Appalachians
Posts: 13,059
A few things bear qualification. The case in question is Kolbe v. Hogan. It is not being brought by GOA; they simply wrote an amicus curiae brief, as have the NRA, Pink Pistols, and the Cato Institute.

At issue is the 2013 Maryland Firearms Safety Act, which banned standard-capacity magazines and pretty much anything they could think to call an "assault weapon."

A challenge was brought at the District Court level, who affirmed its constitutionality, and an appeal was brought to the 4th CCA who initially found it unconstitutional under strict scrutiny.

The state AG didn't like that, so he demanded an en banc hearing, in which the full panel discarded strict scrutiny and applied an impressively weak version of "intermediate" scrutiny:

Quote:
all that is required: a reasonable, if not perfect, fit between the (law) and Maryland’s interest in protecting public safety.
(Notice the opinion spends its first three pages recalling the details of mass shootings.)

Plaintiffs are now asking for Supreme Court review. While SCOTUS has punted on this issue before, perhaps the appointment of Justice Gorsuch will change that.
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