Saturday, November 11, 2017

If The Supreme Court Takes This Gun Control Case, Its Decision Will Be Huge

When the Supreme Court meets later today to discuss pending petitions for review, the justices’ conference calendar will include a pivotal Second Amendment case: Kolbe v. Hogan.
In Kolbe v. Hogan, the full Fourth Circuit Court of Appeals upheld Maryland’s ban of semiautomatic rifles and detachable ammunition magazines that exceed ten rounds. In doing so, the Fourth Circuit became the fourth federal appellate court to uphold the constitutionality of a ban on “assault” weapons and large-capacity magazines. The Second, Seventh, and District of Columbia circuits have previously upheld similar bans, and, to date, the Supreme Court has refused to enter the fray.
But Kolbe v. Hogan will likely force the justices’ hand. Here’s why.
Three Different Standards for Constitutionality
While the four circuit courts that have considered the constitutionality of bans on “assault” weapons and large-capacity magazines have all upheld the gun-control legislation, in doing so they have adopted three different standards for judging the constitutionality of the laws under the Second Amendment and the Supreme Court’s Heller decision. --->
Read the rest from Margot Cleveland HERE at The Federalist.

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