District Court Of MD. Ignores Supreme Court Precedent, Blatantly Defying Heller

By Ammoland

By Roger J. Katz, Attorney at Law and Stephen L. D’Andrilli ~ Part 4

New York, NY -(Ammoland.com)- The Maryland District Court incorrectly and improperly interpreted Justice Scalia as saying:

“the Supreme Court held in Heller I* that a heightened level of scrutiny applies to regulations found to burden the Second Amendment right, 554 U.S. at 628 n.27, but did not further articulate whether and when strict or intermediate scrutiny applies.”

Kolbe vs. O’Malley, 42 F. Supp. 3d 768, 789 (U.S. Dist. Ct. Md. 2014), affirmed in part, vacated in part, and remanded to the District Court by the three Judge Panel in Kolbe vs. Hogan, 813 F.3d 160 (4th Cir. Md., 2016).

It was not by accident that the high Court in Heller refrained from articulating when intermediate scrutiny or strict scrutiny, as a legal standard, applies to test the constitutionality of legislation impinging on the Second Amendment.

The Heller Court deliberately refrained from doing so.

The high Court intentionally refrained from articulating any standard of review—whether rational basis, intermediate scrutiny, strict scrutiny, some hybrid standard, or a …Read the Rest

Source:: AmmoLand