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Breaking: Fourth Circuit Court of Appeals Affirms Maryland's Second Amendment Rights

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Today, the United States Court of Appeals for the Fourth Circuit issued an opinion in the Kolbe v. Hogan case (formerly Kolbe v. O’Malley), which challenged the Firearm Safety Act (FSA) (SB 281, rammed through by the O'Malley administration in 2013). 

Essentially the Court vacated the district court’s denial of the Plaintiff’s Second Amendment claims and sent the case back to the district court to apply strict scrutiny. 

Highlights:

• Court found that FSA does substantially infringe upon the 2nd Amendment.

• The court acknowledged the 2nd Amendment Right to individual self-defense.

• The court recognized an individual’s right to self-defense in the home.

• The court acknowledged that AR15’s (and similar rifles) and 10+ round clips are commonly possessed weapons.

• Rejected the state’s argument that magazines are not covered by the 2nd Amendment

• Stated that Maryland is trying to circumvent the law by prohibiting independent components.

• Rejected the state’s “dangerous” argument.

• Found the ban on magazines and rifles substantially burdens the fundamental rights of citizens.

• Cited legitimate and lawful reasons for citizens to prefer semi-automatic rifles.

• Found the law substantially burdens the right to arm oneself at home.

Notable Quotes from the opinion:

“First, the FSA’s ban on semi-automatic rifles and larger-capacity magazines burdens the availability and use of a class of arms for self-defense in the home, where the protection afforded by the Second Amendment is at its greatest.”

“Second, we conclude that the challenged provisions of the FSA substantially burden this fundamental right. The burden imposed in this case is not merely incidental. Maryland law imposes a complete ban on the possession by law-abiding citizens of AR-15 style rifles—the most popular class of centerfire semi-automatic rifles in the United States. As we explained in Section III.A., these weapons are protected under the Second Amendment.”

“We therefore struggle to see how Maryland’s law would not substantially burden the core Second Amendment right to defend oneself and one’s family in the home with a firearm that is commonly possessed by law-abiding citizens for such lawful purposes.”

“Moreover, the FSA also reaches every instance where an AR-15 platform semi-automatic rifle or LCM might be preferable to handguns or bolt-action rifles--for example hunting, recreational shooting, or competitive marksmanship events, all of which are lawful purposes protected by the Constitution.”

“As Judge Kavanaugh noted in dissent in Heller II, prohibiting this group of weapons might be ‘equivalent to a ban on a category of speech’.”

“Contrary to the district court’s conclusion, the fact that handguns, bolt-action and other manually-loaded long guns, and, as noted earlier, a few semi-automatic rifles are still available for self-defense does not mitigate this burden.”

The full opinion can be found at:  http://michellawyers.com/wp-content/uploads/2013/10/Kolbe-v.-Hogan_Opinion.pdf


About The Carroll Standard

"It is a newspaper's duty to print the news and raise hell." -- Wilbur Storey- 1871


cs cover 9606 lgThe Carroll Standard is an independently owned and edited online newspaper, produced by van Rossum Publishing.

The Carroll Standard has published conservative news and views online since 2004, with our first printed edition (circ. 65,000) in the fall of 2006 in Carroll County, Maryland. Our mission was to become an alternative to the liberal/progressive corporately owned media--which is primarily operated and manipulated from outside the community.

Maryland, unfortunately, is not conducive to trivial matters such as representative government for and by the people. A lopsided despotic type legislature, public unions, government contractors, federal employees, local and state employees with an entrenched progressive mind-set make up the political landscape. A conservative readership is rather elusive and we ceased publication and moved on to more productive and meaningful pursuits.

Progressive political bias rooted in the media demanded rebuttal with a constitutionally rooted perspective which should have encouraged healthy intellectual debate within the community. But this is Maryland, conservative rational, constitutionally rooted views are not welcomed easily. We ruffled a few feathers but a vastly liberal community, plied and manipulated by a progressive media, and advertisers uneasy with conservative ideas--for fear of losing liberal customers--were unwilling to support an anti-big government, anti-progressive newspaper that would not play politically correct games. They feared being labeled.

The Carroll Standard, Issues and Answers, remains stalwart in its mission to be honest, balanced, fair, interactive and not constrained to be politically correct. We will tell it like it is, asking questions and demanding answers. The commentary will be a refreshing change from the one sided diatribes delivered by the less than moderate media, and the politico's that cozy up to them.

We are not sponsored, backed or obligated to any organization, party or individual. The Standard holds the Constitution and the Bill of Rights above all else in this venue. We are concerned citizens, frustrated with the lack of balance or constitutional fortitude in media and government. Nothing more.

One of the cornerstones of this publication will be to disseminate the news and views of local, state and national media outlets. The disgorge emanating from those propagandized pages will be reviewed, challenged and more than likely debunked.

Albeit, our main focus has moved away from local county and Maryland state government, we will remain engaged in the state as elections and the legislature meets in Annapolis for their three month tax and spend fest. Conservative readership in the state is woefully lacking. However, we will primarily address and report on national issues. Given the lack of balance on national issues, we will be delving into that quagmire frequently.

One of the features of the Carroll Standard will be to also aggregate news and views from some of the best most reliable news sources, writers and columnists in the industry.

This site will strive to create an open honest forum for hearty debate, culminating in solutions for the benefit of Carroll County, the region, Maryland and the nation as a whole.

The site is updated daily with news and opinion covering not only local issues, but the region, Maryland and expanded national news and opinion as well. World news will also be presented as it relates to the sovereignty of these United States.

The Standard is not a glee club for politicians, political wannabes, special interest groups or political clubs. We will not entertain politicians that game the system or their constituents. The Standard will not be a vehicle for incumbents to further careers. Although, we do offer designated sections that allow politicians to vent, in their own words, on legislative issues and bills introduced or passed. Articles with fundraising requests or voter support in election cycles will not be entertained.

We will not shy away from the controversial issues that effect taxpayers and a voting public. We will be relentless in bringing governmental accountability back into the political mainstream and the public consciousness.

The Carroll Standard welcomes the opportunity to be a rational voice for conservative, constitutional issues and welcome readers from across the country to participate in healthy debate. We are providing the vehicle that allows an entire community to participate, and more importantly, heard.

With your confrere, the Carroll Standard will provide a forum that will elevate the voice for all who wish to restore this Constitutional Republic.

Read them, Read us. Then Decide!

A new Standard for the Republic is here.

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Updated: 07-11-2011

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National Security Alert: Hillary emails had intel from most secretive, classified programs says IG

hill cuff logoHillary by any standard is the most dishonest, unqualified, shameless lying fraud running for the highest office in the Republic. How low this country has fallen to even entertain this bottom feeder for any office, save perhaps a cage on GITMO. Fox reports:

Hillary Clinton's emails on her unsecured, homebrew server contained intelligence from the U.S. government's most secretive and highly classified programs, according to an unclassified letter from a top inspector general to senior lawmakers.


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