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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Kolbe v. Hogan

STEPHEN V. KOLBE v. LAWRENCE J. HOGAN, JR.
US Court of Appeals for the Fourth Circuit, Traxler, Filed Feb. 4, 2016,
Second Amendment – Firearms – Strict Scrutiny is the proper standard by which to measure firearm restrictions that implicate the “core” of the Second Amendment within the home
Vacated by en banc opinion
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