Kolbe v. Hogan

STEPHEN V. KOLBE et al. v. LAWRENCE J. HOGAN, Jr.
US Court of Appeals for the Fourth Circuit (En Banc), King, Feb. 21, 2017,
Second Amendment- Assault weapons and large-capacity magazines are not protected by the Second Amendment

Overturning the panel opinion reviewed here

(Full join- King with Gregory, Wilkinson, Motz, Keenan, Wynn, Floyd, Thacker, and Harris)
(Join in part on 2A, Join on 14A- Diaz)(Concur in part, concur in 2A judgment, join 14A- Diaz – Would say that intermediate scrutiny was satisfied, no need to address whether 2A applies to assault weapons)
(Join in 14A- Niemeyer, Shedd, and Agee)
(Concur- Wilkinson with Wynn – Legislators should decide what weapons are “common”)
(Dissent on 2A- Traxler with Niemeyer, Shedd, and Agee – the 2nd Amendment applies to assault weapons and strict scrutiny should be applied)
(Dissent on 14A, Concur in judgment- Traxler- Retired LEO are in the same class as those seeking assault rifles, agree “copycat” is not vague)
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US v. Shaquille Robinson

UNITED STATES OF AMERICA v. SHAQUILLE MONTEL ROBINSON
US Court of Appeals for the Fourth Circuit (En Banc 11-1-4), Niemeyer, Jan. 23, 2017,
Frisk – During a forced police encounter, an individual need only be “armed and thus dangerous” for an officer to conduct a frisk

(Concur- Wynn- Armed and dangerous are independent factors, but RAS the suspect has a firearm satisfies the ‘dangerous’ requirement)
(Dissent – Harris, Gregory, Motz, Davis- Armed and dangerous are independent factors)
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