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Bianchi v Frosh - MD AWB
Silhouette replied to Euler's topic in Judicial Second Amendment Case Discussion
This rehearing en banc seems to be related to Maryland Shall Issue v Moore: https://www.courtlistener.com/docket/66754326/maryland-shall-issue-inc-v-wes-moore/ The two cases hinge on the same question of law and MSI v Moore had an opinion striking down the Md Handgun license law in November. It seems odd to summarily grant an en banc hearing sua sponte in Bianchi because of MSI, especially when the en banc decision wouldn't obviously be binding on the panel in Bianchi. Don't get me wrong. I don't like it. ...but it's not quite as odd in light of MSI v Moore. -
I just read the Range v. US opinion (both the 3rd circuit from November and the en banc 3rd circuit decision from June). The June decision is a particularly good read. Was there a thread on that case on this forum? If so, I missed it. In Range v. US, a state law due to welfare/food stamp fraud made Range a felon and he successfully challenged the federal statute that removed his ability to have a firearm. For those who may have also missed this case, a link to the final decision is here. (I note that the Range case is binding precedent for the case in this thread so I hope my including the link is not off topic.) https://law.justia.com/cases/federal/appellate-courts/ca3/21-2835/21-2835-2023-06-06.html
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Miller v. Bonta, California AWB case
Silhouette replied to MrTriple's topic in Judicial Second Amendment Case Discussion
Here's a link to the motion for a stay pending appeal: https://oag.ca.gov/system/files/attachments/press-docs/Miller - Motion for Stay Pending Appeal.pdf -
Bevis v Naperville - AWB
Silhouette replied to Euler's topic in Judicial Second Amendment Case Discussion
Scotus declined to intervene. https://www.scotusblog.com/2023/05/court-rejects-request-to-temporarily-block-illinois-assault-weapon-bans/ -
Miller v. Bonta, California AWB case
Silhouette replied to MrTriple's topic in Judicial Second Amendment Case Discussion
Facts are determined by a jury and an evidence record, but matters of law get de novo review. Text, history, and tradition are not facts of the case but rather matters of law. They would have the opportunity to argue any such legal analysis by the judge at the next step. -
Miller v. Bonta, California AWB case
Silhouette replied to MrTriple's topic in Judicial Second Amendment Case Discussion
It may also be a bit that the state feels that they have a losing hand in this courtroom or at this time, and if the judge asserts tradition then they have the ability to make different arguments on appeal. If the state's lawyers analyze the historic record, they don't have the freedom to change tactics on appeal when it may be more clear what their best argument may be. That said, as the landscape now appears, they will not be likely to gain ground on appeal. -
Goldman v Highland Park - AWB
Silhouette replied to Euler's topic in Judicial Second Amendment Case Discussion
Here is a link to the docket of the Viramontes v. Cook County case mentioned above: https://www.courtlistener.com/docket/60319877/viramontes-v-the-county-of-cook/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc There is a separate thread on the Viramontes case, but given that the cases may be combined, posting this here doesn't seem wrong. -
I don't pretend to know what the IL Supreme Court intends, but they would be on solid ground trying to create the narrowest possible ruling possible. That's what courts usually try to do. In this instance, ruling the FOID unconstitutional as applied to the home would mean that such a license impinges on a the constitutional right to "keep" arms. However, given the rulings in the seventh circuit (Ezell, etc), there will likely be a problem in that the right to keep arms also implies the right to purchase and practice. I have to think the the IL Supreme Court has a very difficult task to imagine that a narrow ruling will stay narrow. This may suggest that the narrowest possible ruling is really quite broad -- and therefore cases like NYSRPA which stand to remake federal court opinions are extremely relevant even if this case doesn't go to SCOTUS directly. This one is almost enough to make jurists regret the backflips done over decades to ignore the clear and plain meaning of the 2nd... I look forward to reading the ruling in due course.
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Unfortunately, even if the IL SC rules the statute unconstitutional as applied to Brown, there will still be further wrangling because this is not a facial challenge to the statue. That said, the effect will be somewhat similar -- at least in the home. On the bright side, it may have significant impact on firearm confiscation following revocation of a FOID.
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As I recall, this was an "as applied" challenge so I don't know that the court needs to determine whether "inside" and "outside" are severable (indeed, they are should not be severable due to the way the statue was crafted). I think that the court can instead look at the specific circumstances (which were indeed inside the home) and rule narrowly on the specific set of facts presented.