U.S. Court of Appeals for the Fourth Circuit, Oral Arguments in Bianchi v. Fosh
BY Herschel Smith
2 years ago
Just wow. If this is the level of reasoning present in the courtrooms of American, it’s no wonder we are in such trouble. The judges are just awful, especially Thacker (while Neimeyer and Richardson are only slightly better), and while Neimeyer and Richardson should probably be disallowed from doing anything more complicated than sweeping floors, I’m not certain that Thacker should even be allowed to answer phone calls.
I’m also not very impressed with the first attorney, but the second one (arguing for the state of Maryland for the AWB) was as dishonest as he was disrespectful of the judges. He had the gall to argue that the fact that so many people own AR-15s didn’t mean that it was in common use for self defense. He wanted the case to be remanded back to the district court to develop that argument (he doubts that it’s ever been used).
It’s astonishing that the judges didn’t hold him in contempt for making such a ridiculous argument. Even after Bruen, the state of Maryland still cannot abide the ownership of America’s Rifle, and also cannot seem to come up with good arguments against it. If the judges allow that bit of stupidity he expressed to hold the day, it’s a stupider court than I had even imagined.
And I’m very unimpressed with the 4th Circuit. For what it’s worth, the entire edifice of whether a weapon was once in military use is silly and was never a good foundation. All weapons were used in the military, pump action shotguns, semiautomatic shotguns, bolt action rifles, semiautomatic rifles, machine guns, cannon, knives, etc.
Listen to it all, or begin at 24 minutes if you want to hear someone actually argue that ownership of said weapon doesn’t count as common use if it hasn’t actually been used in a self defense scenario. He wants you to suffer a home invasion in order to kill his argument in court.
Gun controllers are such awful people.
On December 13, 2022 at 7:10 am, Chris said:
No surprise.
Transgender and Non-Binary have become legitmate words and excuses to accept Psychosis and Elevate it to the Norm.
The days of Intelligence and Intellect are way behind us.
On December 13, 2022 at 10:19 am, Bill Sullivan said:
And according to news reports, Glock switches now seem to be in common use.
On December 13, 2022 at 10:45 am, Don't mind me said:
When I still lived in Maryland, Maryland Shooters busted him for creating a state database of all 4473’s, as all gun purchases required the State Police to also approve the sale and do their own background check. Blatantly illegal, but nothing happened unsurprisingly.
The anti gun zealots will break the law to achieve their goals. Never forget that!
Show trials in circus courts achieve nothing.
On December 14, 2022 at 8:27 pm, X said:
“Common use” is a completely faulty standard. The text of the Second Amendment makes no reference to “common use.” It is pure dicta concocted in U.S. v. Miller and repeated by Scalia in Heller v. D.C.
“Common use” makes no logical sense. The .22 LR was not in common use at the time the 2nd Amendment was written, because it hadn’t been invented yet. Can it therefore be banned by the government?
Similarly, the Colt Peacemaker was once in “common use” for self-defense, but no longer is. May the government summarily ban it? To the contrary there have been tens of millions of AR-15/M-16 pattern rifles produced since 1957, but we are told by the scum lawyers that this rifle is not in “common use”?
On December 14, 2022 at 8:52 pm, glendo said:
Thomas disposed of the Common use. I don’t understand how everyone misses it. He literally stated all bearable instruments are protected by the 2nd. Inept lawyers on either side do no one any favors.