Masciandaro v. United States

Sharp Edges and Frayed Nerves

The Supreme Court has refused [pdf] to hear United States v. Masciandaro. That leaves Woollard v. Sheridan, which still has decent odds of making it to the calendar.

There’s been some scuttlebutt that the Court would rather hear a “pure” case in which the petitioner isn’t someone appealing a criminal conviction. Both the Heller and McDonald cases fit this bill, as they were brought by law-abiding citizens appealing unjust laws. In such cases, the Court can address a constitutional issue directly, without having other logistical issues getting in the way. Woollard is a compelling case that gives them that opportunity.

In happier news, that’s the CZ P-01 with a Ka-Bar pistol bayonet at the top. Sure, CZ made one a few years back, but this one is lighter, and it has a really good blade. I don’t know why the world needs more of these, but hey: it looks cool.

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Civil Rights

A Right Deferred

2 comments

The Supreme Court has chosen not to hear Williams v. Maryland this term. Are we screwed, then?

The implications aren’t encouraging. The first is that we couldn’t get four Justices to take an interest. The second is that there might have been four, but they didn’t think they could convince a fifth to their side. A loss at the Supreme Court level would essentially end the reach of the 2nd Amendment at the doorstep of one’s home.

While Williams was our best overall case, we’ve still got Masciandaro and Woollard awaiting review. However, their chances aren’t looking too bright at the moment, either.

That leaves constitutional protection of the right to carry in a precarious position, with three 4th Circuit decisions implying that there isn’t such a right. I worry that those might be taken as precedents in future litigation.

Civil Rights

How and How Not to Win

In the Heller and McDonald cases, the Supreme Court found that the 2nd Amendment protects the right of individual citizens to keep and bear arms, but under current jurisprudence, that right ends at the front door of the home. Though both decisions contain dicta implying that the right to carry arms outside the home is protected, the lower courts disagree, citing a lack of specific direction from the Big Nine.

There are several cases currently awaiting the Court’s review on the matter. Woollard v. Sheridan challenges the unrealistic and corrupt permitting system used by the state of Maryland to deny the right of self-protection to ordinary folks, even those who have proven that they are in imminent danger. The plaintiff in Williams v. Maryland never even tried to get a permit, knowing that denial was a foregone conclusion. He was convicted of illegally carrying, and his conviction was upheld in a very arrogant 4th Circuit ruling.

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