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Associated Gun Clubs of Baltimore, Inc.
Legislative Office
P.O. Box 20102 | Towson, MD 21284-0102
410-296-3947 | lvp@associatedgunclubs.org
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AGC SPECIAL REPORT
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March 27, 2015
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Kolbe v. O'Malley Hearing
4th Circuit Court of Appeals - Richmond, VA
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________________________
Links to Bills
by Subject on MGA Website
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Maryland General Assembly Website Links
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John H. Josselyn
Legislative Vice President
P.O. Box 20102
Towson, MD 21284-0102
Legislative Office:
410-296-3947
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We had our "day in court" on Tuesday, March 25, 2015. In addition to our outstanding legal team, representatives of the Associated Gun Clubs of Baltimore, Maryland Shall Issue & the Maryland State Rifle & Pistol Association, Atlantic Guns, Wink's Sporting Goods, as well as the individual plaintiffs were present for the hearing before the Federal 4th Circuit Court of Appeals in Richmond, VA. If you wish to share this report, you can download a pdf copy of this report. Click here for the pdf.Best regards,
John H. Josselyn Legislative Vice President |
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About the Hearing
The main point to remember is that the following brief commentary is from "mental notes" and is not a prediction of the results of this hearing. Nothing is final until the actual official ruling is handed down. Even then, it is likely that this case will be appealed to the Supreme Court of the United States (SCOTUS).
The hearing opened with a strong presentation from John Parker Sweeney which clearly articulated why the Maryland ban on so-called "assault weapons" and the ban on standard capacity magazines violates the Second Amendment rights of law abiding citizens.
Mr. Sweeney also questioned the State's use of the concept of "dangerousness" which has no legal basis in firearms law.
At one point Judge King challenged Mr. Sweeney regarding a position taken by the State. The challenge was met head on by Mr. Sweeney's response: "They're wrong."
The State's case was argued by Matthew J. Fader whose position was probably not helped by having Attorney General Brian Frosh sitting there watching him.
Judge Agee questioned Mr. Fader on whether or not a six shot Smith & Wesson revolver was protected by the Second Amendment. After some back and forth exchanges, Mr. Fader finally conceded that a revolver was protected by the Second Amendment.
A follow-up question from Judge Agee made reference to the Judge's Glock pistol with a 15 round magazine which the Judge keeps on his night table produced an even more interesting exchange. Mr. Fader's hesitant and evasive responses made it clear the the State was not willing to concede that semi-automatic pistols are protected by the Second Amendment.
The general consensus among those of us who sat in the hearing room was that our legal team did an outstanding job and we are hopeful of a successful outcome.
We anticipate that a ruling will he handed down in approximately 60 to 90 days.
It should be noted that if we are successful, it is very likely that Attorney General Frosh will appeal to the Supreme Court of the United States (SCOTUS).
Please see the link below to the audio recording of the hearing. |
Link to the Audio Recording of the Entire Hearing
Click on case number 14-1945 (Don't be mislead by the reference to Governor Hogan as the lawsuit always names the Governor currently in office. This is same same lawsuit filed against then Governor O'Malley.) This recording can be downloaded to your computer. To save the MP3 file, right-click the case number and select "Save link as..." or "Save target as..." Click here for help on setting your computer to play audio files. |
Link to the Briefs Filed on Behalf of the Second Amendment
The link below will take you to a "PDF" of the many legal briefs filed on our behalf in support of our appeal before the Federal Fourth Circuit Court of Appeals in Richmond, VA.
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About the Panel of Judges
Prior to the day of the hearing, it is not known which of the 17 judges of the Fourth Circuit will be selected sit on the bench for any given case. The following judges heard the arguments presented in Kolbe v. O'Malley:
Chief Judge William B. Traxler, Jr.
Born 1948 in Greenville, SC
Federal Judicial Service:
Judge, U. S. District Court, District of South Carolina
Nominated by George H.W. Bush on November 14, 1991, to a seat vacated by Clyde H. Hamilton; Confirmed by the Senate on February 27, 1992, and received commission on March 2, 1992. Service terminated on October 21, 1998, due to appointment to another judicial position.
Judge, U. S. Court of Appeals for the Fourth Circuit
Nominated by William J. Clinton on July 10, 1998, to a seat vacated by Donald Stuart Russell; Confirmed by the Senate on September 28, 1998, and received commission on October 1, 1998. Served as chief judge, 2009-present.
Education:
Davidson College, B.A., 1970
University of South Carolina Law Center, J.D., 1973
Professional Career:
U.S. Army Reserve Adjutant General, 1970-1978
Private practice, Greenville, South Carolina, 1973-1974
Assistant solicitor, Office of the Solicitor, 13th Judicial Circuit, Greenville County, SC, 1975-1978
Deputy solicitor, Office of the Solicitor, 13th Judicial Circuit, Greenville County, SC, 1978-1981
Solicitor, Office of the Solicitor, 13th Judicial Circuit, Greenville County, SC, 1981-1985
Resident judge, 13th Judicial Circuit, Greenville County, Greenville, SC, 1985-1992
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Judge G. Steven Agee
Born 1952 in Roanoke, VA
Federal Judicial Service:
Judge, U. S. Court of Appeals for the Fourth Circuit
Nominated by George W. Bush on March 13, 2008, to a seat vacated by J. Michael Luttig; Confirmed by the Senate on May 20, 2008, and received commission on July 1, 2008.
Education:
Bridgewater College, B.A., 1974
University of Virginia School of Law, J.D., 1977
New York University School of Law, LL.M., 1978
Professional Career:
United States Army Reserve, 1986-1997
Private practice, Roanoke, Virginia, 1977-2000
Member, Virginia House of Delegates, 1982-1994
Judge, Court of Appeals of Virginia, 2001-2003
Justice, Supreme Court of Virginia, 2003-2008
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Judge Robert B. King
Born 1940 in White Sulphur Springs, WV
Federal Judicial Service:
Judge, U. S. Court of Appeals for the Fourth Circuit
Nominated by William J. Clinton on June 24, 1998, to a seat vacated by Kenneth K. Hall; Confirmed by the Senate on October 8, 1998, and received commission on October 9, 1998.
Education:
West Virginia University, B.A., 1961
West Virginia University College of Law, J.D., 1968
Professional Career:
Law clerk, Hon. John A. Field, U.S. District Court, Southern District of West Virginia, 1968-1969
Private practice, Lewisburg, West Virginia, 1969-1970
Assistant U.S. attorney, Southern District of West Virginia, 1970-1974
Private practice, Charleston, West Virginia, 1975-1977
U.S. Attorney, Southern District of West Virginia, 1977-1981
Private practice, Charleston, West Virginia, 1981-1998
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AGC Special Report
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March 27, 2015
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