Molly B. Posted July 13, 2021 at 08:45 PM Posted July 13, 2021 at 08:45 PM https://thereload.com/federal-court-declares-handgun-ban-for-adults-under-21-unconstitutional/ Federal Court Declares Handgun Ban for Adults Under 21 Unconstitutional The court ordered a lower court’s ruling upholding the ban to be vacated and remanded for a new ruling in line with their guidance. The federal government will now have to decide whether to appeal the ruling to a full panel of the Fourth Circuit. https://dl.airtable.com/.attachments/2b64e94e6bedcf176e69bb09eb6a53f3/cb041389/HirschfeldvATFOpinion.pdf
Flynn Posted July 13, 2021 at 08:49 PM Posted July 13, 2021 at 08:49 PM Beat me to it by 3 mintues, LOL... It's going to be very interesting to see where it goes from here, especially since the 4th encompases DC itself.
Euler Posted July 13, 2021 at 09:03 PM Posted July 13, 2021 at 09:03 PM BTW, this is from the 4th Circuit Appeals Court (CA4), which is MD, VA, WV, NC, and SC.
Euler Posted July 13, 2021 at 09:06 PM Posted July 13, 2021 at 09:06 PM Beat me to it by 3 mintues, LOL... It's going to be very interesting to see where it goes from here, especially since the 4th encompases DC itself. DC has its own, unnumbered circuit court.
Molly B. Posted July 13, 2021 at 10:59 PM Author Posted July 13, 2021 at 10:59 PM Beat me to it by 3 mintues, LOL... You snooze, you lose!
Sweeper13 Posted July 14, 2021 at 01:10 AM Posted July 14, 2021 at 01:10 AM Beat me to it by 3 mintues, LOL... You snooze, you lose! OOO boy..
press1280 Posted July 17, 2021 at 11:28 AM Posted July 17, 2021 at 11:28 AM I wouldn't hold your breath yet. I'm sure this will be appealed en banc and the 4th Circuit is still pretty hostile.
Texasgrillchef Posted August 16, 2021 at 02:42 AM Posted August 16, 2021 at 02:42 AM It won’t matter if it is heard en Banc or not. This case will still end up with a petition for cert at the Supreme Court. What will matter, and could be good or bad, is the opinion written by the en Banc panel if it is head en Banc. It is very possible, that this could get stayed pending the outcome of the NY case. The NY case, could end up with not just an opinion and effect on carry of a firearm outside the home, but could have an effect on HOW the lower courts are to use if at all any level of scrutiny. However… as the saying goes… we won’t know till the fat lady sings.
Euler Posted August 4, 2022 at 06:47 AM Posted August 4, 2022 at 06:47 AM An update on this case, since there's a topic on it: Docket on CourtListener 13 Jul 2021 - CA4 finds 18-year-olds have 2A rights, remands case to district (just a reminder) 15 Jul 2021 - plaintiffs (Hirschfeld and Marshall) attempt addition of plaintiffs 28 Jul 2021 - district denies addition of plaintiffs 12 Aug 2021 - CA4 opens case 21-1872 appealing denial of additional plaintiffs 29 Nov 2021 - CA4 orders district to dismiss case as moot 1 Dec 2021 - district dismisses case as moot The case was originally filed in 2018. Hirschfeld was 20 years old in 2018. Marshall was 18 years old in 2018. Reading between the lines, without the additional plaintiffs, the case had no plaintiffs under 21. Thus the case became moot.
John Q Public Posted August 4, 2022 at 08:54 PM Posted August 4, 2022 at 08:54 PM Wow, just wow, so we stall until they are no longer under 21 and then start over with the next one and on and on?
Euler Posted August 5, 2022 at 12:42 AM Posted August 5, 2022 at 12:42 AM If nothing else, districts in MD, VA, WV, NC, and SC now know how CA4 will rule if any of them see another under-21 case. The district courts are the ones that enjoin enforcement of unconstitutional laws.
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