Bianchi v. Frosh - Twenty-five states urge SCOTUS to hear case fighting Maryland firearms ban

[Aim1]

This would be a great case for SCOTUS to take because it includes so-called "assault weapons", 'high capacity magazines", and even undergoing safety training just to purchase a firearm. Case is Bianchi v. Frosh.

I could see the safety training part being extremely restrictive for some folks, say the single mom with kids and 2 jobs, first getting the money for the training and then the time to do it.

They are forcing you to pay for and take training to exercise a Constitutionally protected right.



Getting one case that encapsulates so many issues is extremely good since SCOTUS takes so few cases a year and until recently hadn't taken a 2nd Amendment case in nearly a decade.




https://www.foxnews.com/politics/25-states-urge-scotus-hear-case-fighting-maryland-firearms-ban

 

[Larry in wyoming]

So very glad I left Maryland and moved to America!

 

[Aim1]

Whats the soonest SCOTUS could grant cert on this case and hear it?

 

[1942bull]

I suspect it will be months from now. This is the status of filings with SCOTUS as of today.

• 2022-1-26: Brief of Arizona, West Virginia, and Twenty-Three Other States as Amici Curiae in Support of Petitioners
• 2021-12-16: Cert Petition

So the process has just begun. Discussion at a SCOTUS Conference would as long as the fall session.

 

[Poper]

Getting one case that encapsulates so many issues is extremely good since SCOTUS takes so few cases a year and until recently hadn't taken a 2nd Amendment case in nearly a decade.

I really wonder about this. I have noticed when SCOTUS hears a 2A case that they tend to focus on a specific portion of the case ad do not venture beyond that issue. Take Heller for instance. SCOTUS ruled favorably on the possession and use for self defence within the home. Significant, yes, but a very narrow issue. With this particular case, I would expect a similar result aand not a ruling encompassing "so many issues".

 

[Aim1]

I really wonder about this. I have noticed when SCOTUS hears a 2A case that they tend to focus on a specific portion of the case ad do not venture beyond that issue. Take Heller for instance. SCOTUS ruled favorably on the possession and use for self defence within the home. Significant, yes, but a very narrow issue. With this particular case, I would expect a similar result aand not a ruling encompassing "so many issues".

So you could see them rule on assault weapons and high capacity magazines but not training to get a firearm purchase permit?

 

[Poper]

So you could see them rule on assault weapons and high capacity magazines but not training to get a firearm purchase permit?

Possibly. I have only skimmed the complaint as filed, and IANAL nor do I play one on TV, radio or the internet. I just don't see them painting with a broad brush. I have noticed that the supreme court rarely addresses all aspects of a case - especially where 2A cases are concerned - and tend to focus on 1 or 2 particular aspects. I would be thrilled if SCOTUS would come to an all encompassing ruling of the second amendment in our favor and include a ruling on all pieces of the Maryland law that infringe on it, but I do not expect them to do so. Whatever is decided and ruled upon, it will probably be the politically correct solution.
JMHO, YMMV.

 

[Larry in wyoming]

I'd bet they won't pick it up and kick it back to federal appeals. That's what they seem to do when the potato is too hot

 

[CapnMac]

Tricky part is that part of the MD case is also in the "show good cause" for pistol permits, which is being addressed in NY and NJ cases before them as well.

So, it will come down to how much (or how well) the portions of the MD law can be severed one from another.

 

[Mike OTDP]

They'll narrow the case, I suspect.

 

[jdc1244]

Possibly. I have only skimmed the complaint as filed, and IANAL nor do I play one on TV, radio or the internet. I just don't see them painting with a broad brush. I have noticed that the supreme court rarely addresses all aspects of a case - especially where 2A cases are concerned - and tend to focus on 1 or 2 particular aspects. I would be thrilled if SCOTUS would come to an all encompassing ruling of the second amendment in our favor and include a ruling on all pieces of the Maryland law that infringe on it, but I do not expect them to do so. Whatever is decided and ruled upon, it will probably be the politically correct solution.
JMHO, YMMV.

True.

The Court might not want to address issues concerning training requirements and fees, satisfied with Heller III, where the DC Circuit Court of Appeals upheld as Constitutional the registration and fingerprinting fees and the safety/training course requirements for those seeking to register a firearm.

The justices may also want to avoid the appearance of questioning the constitutionality of training requirements and license/permit fees for those seeking to carry a concealed weapon, practiced by a majority of the states.