4th Circuit says – Assault weapons can be banned

4th Circuit says – Assault weapons can be banned

This case is about whether the Act’s general prohibition on the sale and possession of certain “assault weapons,” are unconstitutional under the Second Amendment.

An en banc federal appeals court upheld Maryland’s ban on assault-style weapons in a 10-5 decision Tuesday.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, ruled that military-style weapons are not shielded by the Second Amendment as they are intended for prolonged combat scenarios and do not align with the requirements for self-defense.

–  Define self defense and what is one defending, a home, a family. a city, a nation and against whom, a single person, a mob, an invasion? –

Judge J. Harvie Wilkinson III authored the majority opinion, with the support of eight other justices, while a tenth justice expressed agreement with the outcome.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

The 4th Circuit previously upheld the Maryland law in a 2017 decision, but the U.S. Supreme Court rejected part of the appeals court’s approach when it ruled in a different 2022 case, New York State Rifle & Pistol Association Inc. v. Bruen, according to the appeals court.

In the new decision, Wilkinson concluded that the 2013 Maryland law

“fits comfortably within our nation’s tradition of firearms regulation.”

The Fourth Circuit ruled in favor of the state, agreeing that AR-15-style weapons are military-style firearms that are not protected by the Second Amendment

even though the second amendment states

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Maryland enacted its assault weapons ban in 2013 after a shooter used a semi-automatic rifle in the 2012 mass killing of 20 children and six adults at Sandy Hook Elementary School in Newtown, Connecticut.

The 2013 law is an example of states regulating “excessively dangerous weapons” when their “incompatibility with a lawful and safe society becomes apparent,” he wrote.

In his dissent, Judge Julius N. Richardson said the Second Amendment “is not a second-class right subject to the whimsical discretion of federal judges. Its mandate is absolute and, applied here, unequivocal.” His dissent was joined by four other judges.

Read more here

ABA Journal

What’s going on out there…

Meanwhile back at the ranch…

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

More Rights You Should Know

Drones – What Drones?

Drones – What Drones?

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down! Just kidding - I think.Darrr.. What drones? Those drones pose no threat there are no drones. That's just a balloon,...

read more

Other Articles

Carjacking is a Federal Offense

Carjacking is a Federal Offense

Carjacking is a Federal OffenseCarjacking, the act of forcibly stealing an occupied vehicle, has long been a concern for public safety. It was a local and state issue until a series of violent incidents in the early 1990s that carjacking became a federal...

read more
Can I be arrested for DUI riding my bike high in Michigan?

Can I be arrested for DUI riding my bike high in Michigan?

Recreational Cannabis is "legal" in Michigan.Can I be arrested for riding my bike high in Michigan?First... What is the definition of a bicycle? MCL 257.4 defines a “bicycle” as: “…a device propelled by human power upon which a person may ride, having either 2 or 3...

read more
Traffic FAQs – Traffic Crashes & Reports

Traffic FAQs – Traffic Crashes & Reports

Traffic FAQs - Traffic Crashes & Reports Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us. Traffic Crashes & Reports Beginning in July 2005, the State of Michigan...

read more
Court Ruling – No bonus for growing weed

Court Ruling – No bonus for growing weed

COURT RULING – SORRY NO BONUS FOR GROWING CANNABIS

A marijuana farm worker is unable to succeed in his breach-of-contract lawsuit regarding a $100,000 bonus he claims to be owed for producing a healthy harvest of 1400 pounds of dry cannabis crop as the contract is rendered void and unenforceable due to the fact that manufacturing marijuana is considered a federal crime.

Read the ruling here – Ruling – A marijuana farm worker cannot win his breach-of-contract suit over a bonus

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

OTHER DOCUMENTS

2024 DECISION

BRCC ENTERPRISES LLC V. SKIE

Tex: Court of Appeals, 14th Dist., 2024
Plaintiff Jesse Skie sued BRCC Enterprises for breach of an oral contract. The jury found that the two “orally agree[d] that Skie would be paid a guaranteed $100,000.00 bonus, upon the healthy …

2023 MEDIATION

BRCC ENTERPRISES LLC V. SKIE

Tex: Court of Appeals, 14th Dist., 2023
We have determined that this case is appropriate for referral to mediation, an alternative dispute resolution process. See Tex. Civ. Prac. & Rem. Code §§ 154.021-.073. Mediation is a forum in 

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

More Articles

Drones – What Drones?

Drones – What Drones?

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down! Just kidding - I think.Darrr.. What drones? Those drones pose no threat there are no drones. That's just a balloon,...

read more

Other Articles

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

SCOTUS – Justices uphold laws targeting homelessness

SCOTUS – Justices uphold laws targeting homelessness

Does not amount to “cruel and unusual punishment” under the Eighth Amendment

The Supreme Court has affirmed the validity of ordinances in a southwest Oregon city that restrict individuals experiencing homelessness from utilizing blankets, pillows, or cardboard boxes as protective measures against the elements while sleeping within city limits. In a decision reached by a 6-3 vote, the justices sided with the city of Grants Pass, asserting that the ordinances serve to prohibit camping on public property for all individuals and do not infringe upon the Constitution’s prohibition of cruel and unusual punishment.

Writing for the majority, Justice Neil Gorsuch contended that the Eighth Amendment, which bans cruel and unusual punishment, “serves many important functions, but it does not authorize federal judges” to “dictate this Nation’s homelessness policy.”

Instead, he suggested, such a task should fall to the American people.

Justice Sonia Sotomayor dissented, in an opinion joined by Justices Elena Kagan and Ketanji Brown Jackson. She argued that the majority’s ruling “focuses almost exclusively on the needs of local government and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested.”

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

In Grants Pass, a city with a population of just under 40,000, as many as 600 individuals experience homelessness on any given night, prompting the city’s decision in 2013 to intensify the enforcement of existing laws that prohibit the use of blankets, pillows, and cardboard boxes for sleeping within city limits.

Violators are subject to significant fines starting at 295 dollars, which can increase to 537.60 dollars if not paid promptly. Receiving two citations may result in local police issuing a ban from city property and anyone who disregards this order can be charged with criminal trespass, which may lead to penalties of up to 30 days imprisonment and a fine of 1250 dollars.

Holding: The enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Gorsuch on June 28, 2024. Justice Thomas filed a concurring opinion. Justice Sotomayor filed a dissenting opinion, in which Justices Kagan and Jackson joined.

Recommended Citation: Amy Howe, Justices uphold laws targeting homelessness with criminal penaltiesSCOTUS blog (Jun. 28, 2024, 1:48 PM), https://www.scotusblog.com/2024/06/justices-uphold-laws-targeting-homelessness-with-criminal-penalties/

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

More Rights You Should Know

Drones – What Drones?

Drones – What Drones?

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down! Just kidding - I think.Darrr.. What drones? Those drones pose no threat there are no drones. That's just a balloon,...

read more

Other Articles

Carjacking is a Federal Offense

Carjacking is a Federal Offense

Carjacking is a Federal OffenseCarjacking, the act of forcibly stealing an occupied vehicle, has long been a concern for public safety. It was a local and state issue until a series of violent incidents in the early 1990s that carjacking became a federal...

read more
Can I be arrested for DUI riding my bike high in Michigan?

Can I be arrested for DUI riding my bike high in Michigan?

Recreational Cannabis is "legal" in Michigan.Can I be arrested for riding my bike high in Michigan?First... What is the definition of a bicycle? MCL 257.4 defines a “bicycle” as: “…a device propelled by human power upon which a person may ride, having either 2 or 3...

read more
Traffic FAQs – Traffic Crashes & Reports

Traffic FAQs – Traffic Crashes & Reports

Traffic FAQs - Traffic Crashes & Reports Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us. Traffic Crashes & Reports Beginning in July 2005, the State of Michigan...

read more
Michigan Crime Victim Compensation

Michigan Crime Victim Compensation

Michigan has a crime victim compensation fund. You can contact them using the various links on this page. This post is just to provide you with information. We do not provide any services for this topic.

Crime Victims

Victims of crime often face lasting repercussions that extend far beyond the initial act, affecting them physically, emotionally, and financially, but it is important to remember that you are not alone in this journey.

If you or someone close to you has been affected by a crime, you may be eligible for Crime Victim Compensation coverage for certain expenses.

This program provides assistance for out-of-pocket medical costs, lost wages, funeral expenses, counseling services, and other financial burdens incurred as a direct result of the crime.

What is Crime Victim Compensation?

If you or someone you care about has been affected by crime, you may be eligible for compensation to help cover specific expenses related to the incident.

This program provides financial assistance for out-of-pocket medical expenses, lost wages, funeral costs, counseling services, and other related expenses incurred by individuals who have suffered harm as a direct result of a crime.

Crime Victim Compensation serves as the last option for financial support, meaning you must first exhaust your private insurance and any available public funds to qualify for this compensation.

Do You Qualify?

Who is considered a victim?

The following individuals may be considered a victim and qualify for crime victim compensation:

  • A person who was physically, emotionally, psychologically, or mentally injured as the direct result of a crime.
  • A sexual assault victim.
  • A person injured while trying to help a crime victim.
  • Eligible individuals with out-of-pocket expenses as a direct result of a crime.
  • A Michigan resident injured in another state that doesn’t pay compensation for a nonresident.

Who is considered a claimant?

There are a number of definitions of eligible claimants under the law in Michigan, including:

 

  • A victim.
  • A person related to the victim by blood or affinity to the second degree, including child born after death of deceased victim.
  • A person who was in a dating relationship with the victim at the time of the crime.
  • If the victim was a guardian or primary caregiver to an adult who is physically or mentally incapacitated, that adult who is physically or mentally incapacitated.
  • If the victim was a guardian or primary caregiver to a minor, that minor.
  • If the victim is a minor or is an adult who is physically or mentally incapacitated and a dependent, the guardian/caregiver to that victim.
  • A guardian/caregiver to a victim when the victim was a minor.
  • A person who assumes legal obligation or voluntarily pays for a victim’s funeral/burial expenses.
  • A person who, at the time the crime occurred, was a household member with the victim (an individual who resides in the same dwelling unit).
  • May require proof of permanent residence to demonstrate the individual is eligible, including a lease agreement, utility bill, license registration, document showing mailing address, etc.
  • A person who was previously a household member of the victim for a period of not less than 2 years AND who is related to the victim by blood or affinity.
  • A dependent who suffers loss of support as a result of the death of the victim who died as a result of the crime.
Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Covered Crimes

A crime considered eligible for Crime Victim Compensation under Michigan law is defined as “A crime committed under the laws of Michigan, the United States, or a Federally recognized tribe in Michigan, including pregnancy or death, or that poses a reasonably perceived or actual threat of injury or death within Michigan.”

Examples of eligible crimes include:

  • Homicide
  • Robbery
  • Assault
  • Carjacking
  • Hate Crime
  • Kidnapping
  • Child Abuse
  • Domestic Violence
  • Sexual Assault
  • Human Trafficking
  • Stalking
  • Elder Abuse
  • DWI/DUI
  • Terrorism/Mass Violence

Acts of international terrorism and crimes committed against a Michigan resident in another state (that does not have a victim compensation program) that would be considered a crime under Michigan law is also be considered an eligible crime.

Eligibility Requirements

The following are required for a victim/claimant to be eligible for Crime Victim Compensation benefits:

  • An individual must be emotionally, physically, psychologically, or mentally injured as a direct result of a crime.
  • If the victim is a minor, deceased, or mentally incapacitated, a claimant can file a claim for expenses incurred as a result of the victim’s injuries.
  • A victim who experiences a crime that inflicts bodily harm – including pregnancy or death – or a reasonably perceived or actual threat of injury or death under the laws of the United States, State of Michigan, federally recognized Tribal land, or in another state where the crime committed would be considered a crime under Michigan law.
    • An act of international terrorism committed outside the territorial jurisdiction of the United States would also be considered eligible.
  • The crime must be reported to law enforcement (waivers may apply).
  • If the crime was a sexual assault, then a sexual assault forensic exam may be used in lieu of reporting to police.
  • The victim or claimant must cooperate with law enforcement officials in the investigation and prosecution of the case (waivers may apply).
  • Cannot be criminally responsible/an accomplice to the crime or involved in misconduct that contributed to the injury at the time of the crime.
  • At least $200 of out-of-pocket loss(es) OR at least five (5) days of lost wages or support.
  • File a claim within five years from the date of injury or discovery (waivers may apply).
  • Seek reimbursement from other sources (health insurance, Medicaid, short/long term disability, etc.) before applying for compensation benefits.

Questions? 

If you have questions about the Crime Victim Compensation program or the application process, call or email the Crime Victim Compensation program for assistance. If you need help completing your application, contact your local county prosecutor. You can search for your local prosecutor by clicking here

Here is a Michigan Law

WILLIAM VAN REGENMORTER CRIME VICTIM’S RIGHTS ACT (EXCERPT) Act 87 of 1985

MCL – Section 780.766

More Rights You Should Know

Drones – What Drones?

Drones – What Drones?

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down! Just kidding - I think.Darrr.. What drones? Those drones pose no threat there are no drones. That's just a balloon,...

read more

Other Articles

Carjacking is a Federal Offense

Carjacking is a Federal Offense

Carjacking is a Federal OffenseCarjacking, the act of forcibly stealing an occupied vehicle, has long been a concern for public safety. It was a local and state issue until a series of violent incidents in the early 1990s that carjacking became a federal...

read more
Can I be arrested for DUI riding my bike high in Michigan?

Can I be arrested for DUI riding my bike high in Michigan?

Recreational Cannabis is "legal" in Michigan.Can I be arrested for riding my bike high in Michigan?First... What is the definition of a bicycle? MCL 257.4 defines a “bicycle” as: “…a device propelled by human power upon which a person may ride, having either 2 or 3...

read more
Traffic FAQs – Traffic Crashes & Reports

Traffic FAQs – Traffic Crashes & Reports

Traffic FAQs - Traffic Crashes & Reports Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us. Traffic Crashes & Reports Beginning in July 2005, the State of Michigan...

read more
The Takings Clauses of the United States and Michigan

The Takings Clauses of the United States and Michigan

These clauses protect property rights and maintain a balance between public needs and individual ownership

The Takings Clauses of the United States and Michigan Constitutions are pivotal components of property law, ensuring that private property is not seized by the government without fair compensation. These clauses protect property rights and maintain a balance between public needs and individual ownership.

United States Constitution: The Fifth Amendment

The Takings Clause is embedded in the Fifth Amendment of the U.S. Constitution, which states, “nor shall private property be taken for public use, without just compensation.” This clause has two primary components: public use and just compensation.

Public Use: The government can only take private property if it is for a public purpose. Historically, this meant projects like highways, schools, or public buildings. However, the interpretation has broadened over time. The landmark case Kelo v. City of New London (2005) expanded public use to include economic development, where the government justified the taking by claiming it would benefit the community economically​ (Michigan Public)​.

Just Compensation: The government must provide fair market value for the property taken. This is determined through an appraisal process, though disputes can arise regarding the value. The aim is to ensure the property owner is not financially disadvantaged by the taking.

Michigan Constitution: Article X, Section 2

The Michigan Constitution mirrors the Fifth Amendment’s Takings Clause with some distinct nuances. Article X, Section 2 states, “Private property shall not be taken for public use without just compensation therefor being first made or secured in a manner prescribed by law.”

Public Use: Michigan adheres to the federal standard of public use but has specific state-level interpretations and applications. Following the Hathcock v. Wayne County (2004) decision, Michigan imposed stricter limitations on takings for economic development compared to the broader interpretation allowed by Kelo at the federal level. Hathcock overturned previous rulings that permitted takings for economic development unless the project served a clear public interest, such as addressing blight​ (Michigan Public)​.

Just Compensation: Similar to the federal standard, Michigan requires fair market value compensation. The state also provides for additional compensation mechanisms, including potential reimbursement for relocation expenses in certain cases.

Legal and Social Implications

The Takings Clauses aim to protect individuals from the loss of property without proper cause or reimbursement, balancing individual rights with community needs. These clauses ensure that while the government can perform functions beneficial to the public, it cannot arbitrarily or unfairly deprive individuals of their property.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Controversies and Challenges

Broad Interpretation of Public Use: Cases like Kelo have sparked debates on the limits of public use, with critics arguing that broad interpretations can lead to abuse, where private property is taken for private development under the guise of public benefit.

Determination of Just Compensation: Disputes often arise over what constitutes fair market value, with property owners frequently contesting government appraisals.

State vs. Federal Standards: States can impose stricter standards than those set by federal rulings, as seen in Michigan’s response to economic development takings post-Hathcock. This creates a patchwork of interpretations and applications across the country, affecting property rights differently depending on the state.

Recent Developments

The Michigan Supreme Court’s recent ruling in Rafaeli, LLC v. Oakland County emphasized that surplus proceeds from tax-foreclosed property sales should return to former homeowners, underscoring the protection against governmental overreach and unjust enrichment. This ruling aligns with the principles of the Takings Clauses, ensuring fair treatment and compensation for property owners​ (Michigan Public)​.

Conclusion

The Takings Clauses of the United States and Michigan Constitutions serve as vital safeguards for property rights, mandating that any governmental taking of private property must be for a public use and with just compensation. These clauses continue to evolve through judicial interpretations and legislative adjustments, reflecting ongoing efforts to balance public interests with private property rights.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

More Rights You Should Know

Drones – What Drones?

Drones – What Drones?

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down! Just kidding - I think.Darrr.. What drones? Those drones pose no threat there are no drones. That's just a balloon,...

read more

Other Articles

Carjacking is a Federal Offense

Carjacking is a Federal Offense

Carjacking is a Federal OffenseCarjacking, the act of forcibly stealing an occupied vehicle, has long been a concern for public safety. It was a local and state issue until a series of violent incidents in the early 1990s that carjacking became a federal...

read more
Can I be arrested for DUI riding my bike high in Michigan?

Can I be arrested for DUI riding my bike high in Michigan?

Recreational Cannabis is "legal" in Michigan.Can I be arrested for riding my bike high in Michigan?First... What is the definition of a bicycle? MCL 257.4 defines a “bicycle” as: “…a device propelled by human power upon which a person may ride, having either 2 or 3...

read more
Traffic FAQs – Traffic Crashes & Reports

Traffic FAQs – Traffic Crashes & Reports

Traffic FAQs - Traffic Crashes & Reports Know the laws if you get pulled over. Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us. Traffic Crashes & Reports Beginning in July 2005, the State of Michigan...

read more