Case Citator › Stephen Kolbe v. Lawrence Hogan, Jr.

Stephen Kolbe v. Lawrence Hogan, Jr.

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Fourth Circuit
Citation
849 F.3d 114
Decided
Confirmed treatments
1
Flagged citations read
36 of 36
Citing cases (total)
36
Treatment dates
2022
Overruled in part
A reviewed court has overruled part of this case’s holding. Stephen Kolbe v. Lawrence Hogan, Jr. was overruled in part on its alternative Second Amendment test. The Supreme Court's decision in New York State Rifle & Pistol Assn., Inc. v. Bruen rejected the means–end scrutiny that Kolbe used as an alternative basis for upholding Maryland's restrictions.
More on how this was screened

Later courts continue to cite Kolbe's factual observations about firearms and magazines. All 36 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

36 later cases cite Stephen Kolbe v. Lawrence Hogan, Jr.; 36 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Stephen Kolbe v. Lawrence Hogan, Jr.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • Bruen rejected the intermediate scrutiny method Kolbe used as an alternative basis for its Second Amendment ruling.

    New York State Rifle & Pistol Assn., Inc. v. Bruen · Supreme Court of the United States · filed

    Today, we decline to adopt that two-part approach. In keeping with Heller, we hold that when the Second Amend- ment’s plain text covers an individual’s conduct, the Consti- tution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is con- sistent with this Nation’s historical tradition of firearm reg- ulation.
    Read the full opinion on CourtListener →

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