convenient compilation, has scored a historic victory for our right to bear arms this week. According to Brad Griffin at Conservative Headlines,
Attorney Kyle Bristow of the Clinton Twp., MI-based Bristow Law, PLLC, and Attorney Jason Van Dyke of the Plano, TX-based The Van Dyke Law Firm, PLLC, scored a major legal victory for gun rights today in Kolbe v. Hogan, which was before the United States Court of Appeals for the Fourth Circuit. This federal appellate court is one level below the United States Supreme Court and its rulings are binding on Maryland, North Carolina, South Carolina, Virginia, and West Virginia, and are highly persuasive for other jurisdictions.
In a 2-1 written opinion, the Fourth Circuit judges ruled that a Maryland law that prohibits citizens from owning high-capacity firearms—such as AR-15 and AK-47 rifles—implicates the Second Amendment, and that the law is therefore to be subjected to strict scrutiny review. Strict scrutiny review is the most stringent method a law can be reviewed by a court and is applicable whenever a fundamental right is infringed upon. Thus, the Fourth Circuit held that private ownership by American citizens of high-capacity AR-15 and AK-47-style rifles is a fundamental right.Brad goes on to explain,
On behalf of the Traditionalist Youth Network, LLC, Bristow and Van Dyke submitted an amicus curiae brief in which it was argued that the Second Amendment guarantees a fundamental right of our people to keep and bear weapons that the State of Maryland’s attorneys argued are “weapons of war” and not to be permitted to be owned by American citizens. The Fourth Circuit cited Bristow and Van Dyke by name as having submitted their amicus brief and quoted legal authorities throughout their written opinion that were persuasively cited by said attorneys in their brief.
Attorney Kyle Bristow opined, “We had the unconstitutional legislation in our sights and shot down the arguments of the opposition. The fundamental right of our people to keep and bear arms has been—and will continue to be—protected.”
Attorney Van Dyke said, “Shots are being fired in America’s ongoing Culture War, and legislators who have no respect for Second Amendment rights will simply not be able to disarm our people.”Needless to say, our victory has the Leftists throwing up their arms in dismay.
“Let’s be real: The assault weapons banned by Maryland’s FSA are exceptionally lethal weapons of war,” King wrote.
“To put it mildly, it troubles me that, by imprudently and unnecessarily breaking from our sister courts of appeals and ordering strict scrutiny here, we are impeding Maryland’s and others’ reasonable efforts to prevent the next Newtown – or Virginia Tech, or Binghamton, or Fort Hood, or Tucson, or Aurora, or Oak Creek, or San Bernardino,” he wrote.Let’s be really real, Mr. King. The context of the Second Amendment relates to arms as weapons of war. It’s not about hunting or recreation. It’s about ensuring a final firewall against government tyranny. They rattle off a series of unfortunate events involving firearms as proof that firearms ought to be banned, ignoring the mental health issues, political unrest, and immigration problems at the root of the violence. A nation where the mentally ill are thrown out on the street without proper care or supervision, where political polarization is at a fever pitch, and where our gates are thrown wide open to absolutely anybody in the world who wishes to harm us, …there will be violence.
The question isn’t whether there will be violence, but whether law-abiding citizens will be empowered to defend themselves and their families against it. Maryland’s government is in such disarray that they have race riots where entire city blocks are descending into martial law. They openly insist that their law enforcement is incapable of imposing order or even being trusted not to be pervasively corrupt.
The people no longer trust this government to protect them. They don’t have to, since our Bill of Rights guarantees them the right to protect themselves. All we need are Kyle Bristow, Jason Van Dyke, and other patriotic attorneys holding the line against a government which would like to be more beholden to the United Nations recommendations than the Founders’ ministrations or the citizenry’s demands. Bristow, Van Dyke, and others demonstrate that there are several fronts where we can indeed fight and win, and they’re an inspiration to all patriotic Americans.