Summary
Transcript
Yesterday, the Fourth Circuit U.S. Court of Appeals dealt some very, very bad news to the Second Amendment legal arena, but at the same time, this has me very excited. They may have just done Americans a big favor and serve up what we’ve been waiting for, the Supreme Court ass whooping on assault weapon bans. See, one week after the Supreme Court decided the Bruin decision, they granted certiorari vacated the lower-course decision and remanded the Bianchi v. Brown case, formerly known as Bianchi v. Frosh, back to the Fourth Circuit to be re-heard in light of Bruin.
As we know, the Bruin decision brought us a stronger text, history, and tradition test to be used to determine if government restrictions or laws on the Second Amendment are in fact constitutional. The Bruin decision overturned the ends-means test or the two-prong approach that anti-gun states and anti-gun circuit courts were using to validate government restrictions on the right to keep and bear arms because of public safety. Now, in Bruin, the Supreme Court said, when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with this nation’s historical tradition on firearm regulation.
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The Bianchi v. Brown case is challenging Maryland’s assault weapon ban, and it was brought by Dominic Bianchi, an individual and resident of Baltimore County. David Snope, who’s an individual and resident of Baltimore County as well. Micah Shafer, an individual and resident of Anne Arundel County. Field Traders LLC, which operates out of Anne Arundel County Fire Policy Coalition, the Second Amendment Foundation, and the Citizens Committee for the right to keep and bear arms. The Fourth Circuit en banc panel rule 10-5 that assault weapons fall outside the ambit of protection offered by the Second Amendment because they’re military style and not suitable for self-defense.
Okay, now the pressure is on now for the Supreme Court, and as I mentioned, this case was previously previously GVR’d, and it’s a final judgment on the merits. So because they already sent this case back down to the Fourth Circuit and told them to follow Bruin, and they didn’t, there is no excuse for the Supreme Court not to grant certiorari. The Second Amendment states, a well-regulated militia being necessary to the security of a free state. The right of the people to keep and bear arms shall not be infringed. And the Fourth Circuit had the gall to say this about the Second Amendment, quote, this single sentence provides us with a lofty command but little concrete guidance.
Say what? They also said, quote, for these reasons we declined to wield the Constitution to declare that military style armaments which have become primary instruments of mass killing and terrorist attacks in the United States are beyond the reach of our nation’s democratic processes, end quote. Second Amendment covered muskets which were the military arms of choice. Second Amendment, in the Heller decision, the Supreme Court said that the Second Amendment covers all firearms that are in common use. ARs and AKs, semi-automatic versions, are in common use in America and thus cannot be banned.
This is going to be an ass whooping by the Supreme Court, I believe. So it’s off to them again where I fully expect a smackdown because Supreme Court is already GVR’d this case. The Fourth Circuit just flipped the bird not only to the Supreme Court and their Bruin decision but to the Constitution, the Bill of Rights, and to liberty. Now I will say thank you to the Fourth Circuit for not doing what I fully expected them to do. I expected them to withhold this ruling and stall for time and to stall it as long as they could so that in their hopes the Democrats win the corner office again in November and another judge or two because there are two judges who are thinking about retirement.
Justice Samuel Alito has already said he’s considering the process and Clarence Thomas is getting up there in years as well. So they would hope that one or two of those guys would finally retire and then Kekyll and Kamala could install one or two liberal clowns to destroy the conservative makeup of the court right now. Now the en banc panel also took this case from the three judge panel when it was sent down by the Supreme Court when they GVR’d it. Now in hindsight that moved this case along much faster than if they had waited for the three judge panel to make a ruling and then the en banc panel would take it up and then it would be gone to the court.
So they moved this case up by several months, maybe even longer. So thank you to those Fourth Circuit liberal justices but now it’s back to the Supreme Court for an ass whooping that these communists deserve. Appreciate y’all. If you love the Second Amendment subscribe to the channel for this along. It’s good news. It’s really bad news in the immediate but it’s going to be good news. That’s my prediction. We’ll see if that rings true. Take care. [tr:trw].