The United States Court of Appeals for the Fourth Circuit released its en banc opinion on February 21, 2017, for Kolbe v. Hogan. The Court unfortunately ruled 10-4 that Maryland's ban on semi-automatic rifles by citizens is constitutional, which overturned a 2-1 panel decision by the same federal appellate court which was considered a major legal victory for Second Amendment rights.
Attorney Kyle Bristow of Bristow Law, PLLC, and Attorney Jason Van Dyke of the Van Dyke Law Firm, PLLC--who are both attorneys on the board of directors for the Foundation for the Marketplace of Ideas, Inc.--submitted an amicus curiae brief on behalf of the Traditionalist Youth Network, LLC, to support Second Amendment rights.
The amicus curiae brief of Bristow and Van Dyke is available on Scribd, as is the three-judge panel's opinion which previously held that citizens enjoy the right to keep and bear semi-automatic rifles like AR-15s and AK-47s. The en banc opinion can be viewed on Scribd and the dissenting opinion begins on Page 88.
In their amicus curiae brief, Bristow and Van Dyke argued that "When the Second Amendment's text and prefatory clause are taken into consideration, it can only be concluded that the Amendment prescribes a right for American citizens to keep and bear weapons of contemporary military grade." In the dissenting Kolbe en banc opinion on Page 100, it was opined, "Weapons useful in warfare are obviously protected by the Second Amendment."
In their amicus curiae brief, Bristow and Van Dyke argued that strict scrutiny is the appropriate standard of review for when a law infringes upon the right for citizens to keep and bear semi-automatic weapons. In the dissenting Kolbe en banc opinion on Pages 107-115, the dissenting judges argued that strict scrutiny is the applicable standard of review.
There is no doubt that the Alt-Right amicus curiae brief filed by attorneys affiliated with FMI had at least some favorable influence with the Fourth Circuit.
The leftist Southern Poverty Law Center previously complained about the brief filed in support of Second Amendment rights by Bristow and Van Dyke. A left-wing homosexual activist summed up the duo's brief: "They argue that citizens should definitely have access to military grade weapons and technology cause, you know, brown people. No really - that's the gist of their argument."
If the Fourth Circuit case is taken to the Supreme Court of the United States, the lawyers of FMI are prepared to file another amicus curiae brief to defend the rights of our people.
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