SAF SUES IN MARYLAND OVER HANDGUN PERMIT DENIAL UPDATED 3-5-12

[MJD438]

I have a growing concern.

I think we were all hoping that if Judge Legg found against the stay that MSP, although appealing to CA4, would in the interim be pushed into issuing permits. However as time goes by, the gap between District and Circuit Court is being compressed.

Is there a danger that Judge Leggs decision might run so close to the CA4 hearings and the States request for a stay there, that there won't be enough of a time gap for it to make any sense to MSP to isue without G & S, and that they'll simply wait for the CA4 stay request to be decided?

Hopefully one of our good lawyers will post, but, IIRC, the state would be risking contempt if they lose the stay at District but still sit on applications until they get an answer on a stay motion at CA4.


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[swinokur]

I have a growing concern.

I think we were all hoping that if Judge Legg found against the stay that MSP, although appealing to CA4, would in the interim be pushed into issuing permits. However as time goes by, the gap between District and Circuit Court is being compressed.

Is there a danger that Judge Leggs decision might run so close to the CA4 hearings and the States request for a stay there, that there won't be enough of a time gap for it to make any sense to MSP to isue without G & S, and that they'll simply wait for the CA4 stay request to be decided?

Because any delay if the stay is lifted would be contempt of court and screwing with a Federal Judge is not gonna end well and MD knows this. It won't happen unless MD has more money to pi$$ away and Gansler has drunk even more Kool Aid than we first suspected.

 

[fightinbluhen51]

Final for the MD District Court....however, the Appeals process at the 4th Circuit fires up with the opening brief next Friday.

Can't wait to read that one.

 

[fightinbluhen51]

I did just catch some good news out of the Circuit for the IL carry case...one of the judges there in orals today called the AG an idiot.

So...hopefully some good news.

 

[Atlasarmory]

I have a growing concern.

I think we were all hoping that if Judge Legg found against the stay that MSP, although appealing to CA4, would in the interim be pushed into issuing permits. However as time goes by, the gap between District and Circuit Court is being compressed.

Is there a danger that Judge Leggs decision might run so close to the CA4 hearings and the States request for a stay there, that there won't be enough of a time gap for it to make any sense to MSP to isue without G & S, and that they'll simply wait for the CA4 stay request to be decided?

+1

 

[esqappellate]

Hopefully one of our good lawyers will post, but, IIRC, the state would be risking contempt if they lose the stay at District but still sit on applications until they get an answer on a stay motion at CA4.

I think that is correct. If the stay is lifted the injunction goes into effect until or unless the CA4 either reimposes the stay pending appeal or reverses on the merits. The state will comply.

 

[2ndCharter]

Hopefully one of our good lawyers will post, but, IIRC, the state would be risking contempt if they lose the stay at District but still sit on applications until they get an answer on a stay motion at CA4.

I'd expect them to "slow roll" the process using the backlog as an excuse while they continue to wait it out.

 

[esqappellate]

I did just catch some good news out of the Circuit for the IL carry case...one of the judges there in orals today called the AG an idiot.

So...hopefully some good news.

Just finished listening to the tape. Available here:
http://www.ca7.uscourts.gov/fdocs/docs.fwx

My call: 3-0 for Gura. (That prediction breaks every rule I have ever followed about not predicting, so I hope I don't have to eat this one).

 

[Mr H]

I'd expect them to "slow roll" the process using the backlog as an excuse while they continue to wait it out.

Agree completely.

Plus, with the spectre of another Very Special Session looming, this is where we need to be alert, and ready to act.

I still say we could use a "best practices" guidance since many of us may have passed our 90 days should Legg vacate the stay, and be caught in the delaying tactics with no-GSR-needed, approvable, pre-stay applications.

 

[Inigoes]

My call: 3-0 for Gura. (That prediction breaks every rule I have ever followed about not predicting, so I hope I don't have to eat this one).

Don't worry, if it comes to that.

Digital crow is tasteless; shocking, but tasteless

 

[Rossi357]

Be ready for some harsh definitions of concealed by the legislators.
Imprinting, inadvertnat exposure (wind blowing your shirt up) , etc.

 

[esqappellate]

Be ready for some harsh definitions of concealed by the legislators.
Imprinting, inadvertnat exposure (wind blowing your shirt up) , etc.

hence the need to be active legislatively. Let's hear it for MSI, our legislative watchdog.

 

[fightinbluhen51]

hence the need to be active legislatively. Let's hear it for MSI, our legislative watchdog.

Which is why, I'll say it again...I hope they DO try to deal with it in a special session. All eyes are upon them for a few short days and on a very, very limited number of topics.

There will be no 11th hour political cover to run to like what was tried in the Senate on sine die.

 

[esqappellate]

Which is why, I'll say it again...I hope they DO try to deal with it in a special session. All eyes are upon them for a few short days and on a very, very limited number of topics.

There will be no 11th hour political cover to run to like what was tried in the Senate on sine die.

"Ethernal vigliance is the price of liberty." Thomas Jefferson

 

[dlmcbm]

hence the need to be active legislatively. Let's hear it for MSI, our legislative watchdog.

 

[fightinbluhen51]

"Ethernal vigliance is the price of liberty." Thomas Jefferson

Oh, no doubt...I'm just saying, if given a tactical choice, special session please.

 

[Inigoes]

Oh, no doubt...I'm just saying, if given a tactical choice, special session please.

Never happen. Cockroaches hate sunlight!

 

[fightinbluhen51]

Never happen. Cockroaches hate sunlight!

Well...inaction by the legislature is the BEST thing...so therefore, back to Esq's eternal vigilance statement during the regular session.

 

[Glaug-Eldare]

Well...inaction by the legislature is the BEST thing...so therefore, back to Esq's eternal vigilance statement during the regular session.

In the words of Admiral Tolwyn:

[YT]6n3URnMmpJA[/YT]

 

[martinithebun]

Just finished listening to the tape. Available here:
http://www.ca7.uscourts.gov/fdocs/docs.fwx

My call: 3-0 for Gura. (That prediction breaks every rule I have ever followed about not predicting, so I hope I don't have to eat this one).

Wow. Are all judges that rude? I was raised with manners and what those judges do, while people are trying to answer THEIR questions, would never have flown in my house growing up.