This article appeared online at TheNewAmerican.com on Thursday, February 23, 2017:
The majority’s reasoning in the February 21 Kolbe v. Hogan decision by the 4th Circuit Court of Appeals in Richmond, Virginia, was so far wide of the mark of reasonable jurisprudence that four of the 13 judges joined in a masterful dissent that could carry the case to the Supreme Court on appeal.
Judge Robert King, a Clinton appointee, wrote the majority’s opinion that was supported by nine other judges, while a strongly-worded dissent was written by another Clinton appointee, William Traxler, that was supported by the other three others.
Traxler’s dissent should be required reading by any interested in how the Second Amendment should be defended against those willing to stretch existing case law and create new “tests” to support their opinions.
The court heard the case on appeal from a previous decision by three judges of the same court, ruling on Baltimore’s Firearm Safety Act (FSA) that it adopted in 2013. The FSA banned possession of 45 so-called assault rifles and detachable magazines containing more than 10 rounds. The previous decision, made February 4 of 2016, remanded the case back to the Maryland District Court, ordering that they apply “strict scrutiny” to their interpretation of how the FSA relates to the Second Amendment. This new decision vacated the previous decision.
First, King’s breathtaking conclusion: