Kolbe v. Hogan

Somewhere in NM · May 13, 2016

The appeal was reheard en banc by the 4th Circuit on Wednesday. From what I read, the main issue is the level of scrutiny to be applied. This seems to me to be a very important point to be resolved in 2A jurisprudence that was (apparently) not settled by Heller.

I have a few questions, if anyone is kind enough to take the time to answer.

Does anyone here have any insight into how the Court is likely to rule, based on recent decisions?

I understand this decision will only apply in the 4th District, but will it influence the thinking of other appeals courts?

Is this case a possible vehicle for getting the question before the SCOTUS? Any thought about why or why not?

swinokur · May 14, 2016

The audio is here. In my non legal opinion, some of the judges wrere openly hostilt to the attorney for Kolbe.

http://www.ca4.uscourts.gov/oral-argument/listen-to-oral-arguments

The 4CA overturned Woolllard. I'm not optoipmistic based on what I heard

ilbob · May 14, 2016

I think the SCOTUS is done taking 2A cases for now and is looking to the lower courts to explore the issue rather than trying to pass the buck.

Anyone that expects a quick resolution to these issues is dreaming. They have been festering since the US was formed and we have never had a clear definition of what the 2A means. We still don't. Forcing the lower courts to expound on it means there will be a lot of bright legal minds working on it over the next few decades. That may or may not be a good thing for us.

Mike OTDP · May 14, 2016

This is why I support Federal legislation, rather than the courts.

Somewhere in NM · May 15, 2016

Thanks for the replies. I've learned some things from them.

Kolbe v. Hogan

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