From one sister dept of crypto munitions control dept...


Is This The Beginning Of The End For Gun Control?

https://themachinegunnest.com/is-this-the-beginning-of-the-end-for-gun-control/

https://d3n8a8pro7vhmx.cloudfront.net/firearmspolicycoalition/pages/5854/attachments/original/1639675673/Bianchi_Cert_Petition.pdf
https://www.ruger.com/products/mini14RanchRifle/specSheets/5816.html
https://www.scotusblog.com/case-files/cases/new-york-state-rifle-pistol-association-inc-v-bruen/
https://themachinegunnest.com/whats-going-on-with-gun-control-right-now-in-2021/

If you haven't heard yet, Firearms Policy Coalition has filed what may
be one of the most critical petitions for writ of certiorari for
Marylanders and possibly gun owners in general in the case Bianchi v.
Frosh.

The case itself centers around the Maryland "Assault Weapons Ban"
(AWB), also known as SB281 or the Firearms Safety Act of 2013.

But before we dive into the law itself, let's look at the question
being proposed to the Supreme Court in this writ of certiorari. The
question presented is: "Whether the Constitution allows the government
to prohibit law-abiding, responsible citizens from protecting
themselves, their families, and their homes with a type of "Arms" that
are in common use for lawful purposes?"

The way this question is asked, we can see that if decided in favor of
gun owners, the overturning of the Maryland AWB would be an
unprecedented victory for gun owners nationwide. A Repudiation of
assault weapon bans would free states like California, Massachusetts,
New York, and New Jersey from their tyrannical state governments
who've imposed their versions of this "Assault Weapon Ban." FPC's Adam
Kraut affirmed that position saying, "This case presents the Court
with an ideal vehicle to both address the scope of protected arms and
constitutionally infirm analysis applied by these recalcitrant lower
courts."

The petition correctly describes the term "Assault Weapons" as a
"pejorative and inaccurate label for a category of common
semi-automatic firearms." Then quoting directly from Heller goes on to
describe those same firearms as "in common use" and "typically
possessed by law-abiding citizens for lawful purposes."

Maryland's AWB is an assortment of inconsistent rules and regulations
thought up by bureaucrats in Annapolis who have little understanding
of firearms they seek to regulate. A few examples of inconsistencies:
AK pattern rifle chambered in 7.62x39? Banned. AK pattern rifle
chambered in 5.45x39? Good to go. AK Pistol in 7.62x39? Good to go.
The only difference between the banned rifle and pistol? The stock.

It also bans the AR15 and other "Scary" looking rifles but allows
AR15s that conform to a Heavy Barrel Profile, or HBAR. It also allows
for rifles that are functionally identical to the AR15, like the Ruger
Mini 14.

Ultimately, we won't know if the Supreme Court will hear the case
until sometime in 2022, as The Supreme Court will hear it in their
2022 session. But the chances are good for the Court to take this case
up. Many of the Justices have signaled that they're ready to hear 2nd
Amendment cases. If the recent NYSRPA v. Bruen is any indication, we
will likely see them tackle more gun rights issues that have
far-reaching implications.

Also, the makeup of the Court has changed in recent years. With the
addition of Amy Comey Barrett replacing Ruth Bader Ginsburg, the Court
has a solid conservative majority. As lower court judges, Justice
Barrett and Justice Kavanaugh signaled they think courts need to
rethink the framework used to often measure how gun regulations are
evaluated. This framework is known as "Intermediate Scrutiny."

When intermediate scrutiny is applied, a law has more of a chance to
survive legal challenges because the government must prove only that
it is "substantially related to an important government interest."

This intermediate scrutiny clause is what has kept not only the
Maryland Assault Weapon ban in place but many other AWBs nationwide.
If the Justices are looking for a case that has far-reaching
consequences for the 2nd Amendment and the process by which states
uphold these unconstitutional laws, they need look no further than
Bianchi v. Frost.

This is why I posed the question: "Is this the beginning of the end
for gun control?"

In our coverage of gun control issues over the past year, we've seen a
clear pathway that the anti-gun lobby is taking. Using the NFA, 1968
GCA, FOPA, and other gun control laws on the books, they've managed to
ban Bump Stocks and inch closer and closer to regulating
semi-automatic firearms under the NFA or outright ban them. This Case,
Bianchi v. Frost, would put a significant roadblock in front of that.