Wrenn PI Granted (DC Shall Issue)

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  • Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    That is public record on PACER. I deleted my copy though out of respect for Mr. Powers if he doesn't want his address out there.
    Yes, but Google indexes by the number of mentions. It's a density thing. The less we mention the name, the less it is indexed. It is reverse Search Engine Optimization.

    Capiche?

    Be nice to your brothers, y'all...

    :)
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    That's what I expect too. Of course, DC needs to file the notice of appeal for that to work. Filing a notice of appeal is NOT hard (one page), but you can't ask the DCT to stay the order pending appeal when you don't even have an appeal pending. So their motion for a stay pending appeal is not even ripe yet. Pretty sloppy lawyering on their part. It appears that the contempt motion panicked them. Even so, they should have filed the notice the same day as their motion.
    I don't think they intended to issue any permits. They thought the, "we'll get back to you" was going to work, but really don't know that gun carriers really understand how to read regs. If not, we'd all be in jail.

    So Applicant X shows up asking for his (legally required) permit, and they come up with a delaying tactic figuring he'd just roll over like the rest of the lemmings. But he does not. He knows the regs.

    Then
    they panic.

    By the way I read the docs, they filed the notice only after (or while) Gura ran up the courthouse steps. I think DC fully intended to just sit more days before requesting a stay. They wanted to draw out the clock, but got blind sighted and had to file before they intended.

    Pretty sloppy lawyering on their part.
    I think DC brought in external counsel for this. In my opinion, they are doing a great job. :innocent0
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,916
    WV
    If DC appeals, then the ball moves to Gura's court and we (Gura and 2A proponents) have an avenue to SCOTUS if DC Court of Appeals rules against us. If DC does not appeal, the order removing G&S remains within DC. I think DC was definitely caught flat-footed and they are having an internal battle over whether they should appeal.

    Except DC staked this whole scheme on being like NY, NJ, and MD. What they're counting on is winning at the appeals court and SCOTUS denying cert, just like the others. If we win at the DC Circuit, it certainly seems a big question if DC appeals to SCOTUS, no doubt the Bradys and Bloombergs will be begging DC to NOT appeal.
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,363
    Hanover, PA
    Except DC staked this whole scheme on being like NY, NJ, and MD. What they're counting on is winning at the appeals court and SCOTUS denying cert, just like the others. If we win at the DC Circuit, it certainly seems a big question if DC appeals to SCOTUS, no doubt the Bradys and Bloombergs will be begging DC to NOT appeal.

    Did DC mention MD by name?

    If this goes to Circuit could we then still use a victory there?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,484
    Westminster USA
    DC did mention MD as an example to bolster their claim that their may issue scheme, has withstood constitutional scrutiny in other circuits

    Unfortunately a ruling from the DC circuit doesn't help us since we're bound by the 4CA ruling in Woollard.

    IANAL
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,363
    Hanover, PA
    DC did mention MD as an example to bolster their claim that their may issue scheme, has withstood constitutional scrutiny in other circuits

    Unfortunately a ruling from the DC circuit doesn't help us since we're bound by the 4CA ruling in Woollard.

    IANAL

    Can someone please repeat what Woollard said?

    Did it say that State of Maryland was right? or just that they didn't want to hear the case?
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,484
    Westminster USA
    Yes, the 4CA overturned Judge Legg's original ruling saying may issue wasn't constitutional.

    IOW-we lost.

    SCOTUS denied CERT so we're done as far as appeals go. Now if the DC case gets to SCOTUS and SCOTUS rules against DC, things will change a lot as that will be the law of the land.

    IANAL
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Yes, the 4CA overturned Judge Legg's original ruling saying may issue wasn't constitutional.

    IOW-we lost.

    SCOTUS denied CERT so we're done as far as appeals go. Now if the DC case gets to SCOTUS and SCOTUS rules against DC, things will change a lot as that will be the law of the land.

    IANAL

    You forgot the kicker: Surely it was because LGOC is legal right here in MD.

    ... actually that was only 50% snark. Other cases gave the judges some outs to make them feel better. Drake which was the most extreme, got relisted.

    Maybe that means something. D.C. does not have any "LGOC is legal here" outs in the event the court finds there is a right to bear arms in public.
     

    Gryphon

    inveniam viam aut faciam
    Patriot Picket
    Mar 8, 2013
    6,993
    Can someone please repeat what Woollard said?

    Did it say that State of Maryland was right? or just that they didn't want to hear the case?

    It ackowledged that the 2A is an individual right that applies to the states, and that the right exists outside of the home. However, it also said the good and substantial requirement passed intermediate scrutiny (the wrong test IMO). Notably, as bad as that sounds, it did not prohibit the current MSP superintendent from implementing his own definition of G&S, or the HGPRB from exercising its own statutory discretion.
     

    Maestro Pistolero

    Active Member
    Mar 20, 2012
    876
    Maybe that means something. D.C. does not have any "LGOC is legal here" outs in the event the court finds there is a right to bear arms in public.
    Though I completely understand your point and its context, every once in a while the absurdity of any idea to the of an indoor-bound right to bear arms comes clear . . . like the concept of an entirely indoor militia, for example. :rolleyes:
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Though I completely understand your point and its context, every once in a while the absurdity of any idea to the of an indoor-bound right to bear arms comes clear . . . like the concept of an entirely indoor militia, for example. :rolleyes:

    Right, but that's kinda the point: The concept of an indoor bound right to self defense is totally absurd. So the question is, if the D.C. circuit finds the right outside the home, how can D.C. residents exercise it? What is their fallback? As someone noted: D.C. is playing checkers, Gura is playing chess.
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Right, but that's kinda the point: The concept of an indoor bound right to self defense is totally absurd. So the question is, if the D.C. circuit finds the right outside the home, how can D.C. residents exercise it? What is their fallback? As someone noted: D.C. is playing checkers, Gura is playing chess.

    Well...and as it relates to DC...they already conceded that the right exists outside the home in Palmer. Now, we are down to arguing can they limit a right to special individuals? Rights are not based on "need" which is what the G&S reason attempts to judge.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Well...and as it relates to DC...they already conceded that the right exists outside the home in Palmer. Now, we are down to arguing can they limit a right to special individuals? Rights are not based on "need" which is what the G&S reason attempts to judge.

    Gura has the advantage of having done this a few times and put them in a tiny little box, IMHO. It will be interesting to see what they argue on appeal. Assuming they appeal. The smartest thing they can do is not appeal. There is always some chance they Get Smart.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    Gura has the advantage of having done this a few times and put them in a tiny little box, IMHO. It will be interesting to see what they argue on appeal. Assuming they appeal. The smartest thing they can do is not appeal. There is always some chance they Get Smart.

    Really. IMHO, fat chance.
     

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