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

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Status
    Not open for further replies.

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,525
    Westminster USA
    Well, maybe it's a good thing MD can't ask the CA4 for a stay because Judge Legg hasn't acted yet. I suppose it's possble briefs could be submitted to Richmond on tha appeal and Judge Legg still hasn't done anything. The appeal and the stay are separate issues if I'm not mistaken.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,771
    Bowie, MD
    I need a pick me upper!

    Am awaiting the judge's decision, my FTF interview (90 days today), approval as a collector (application mailed 4/5) and an AZ carry permit.

    One down [in this morning's e-mail]: "Your application was Not Disapproved, you may begin to purchase as a collector. Letters will be mailed as soon as time allows."
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    This has probably been asked but could Legg waiting prevent the CA4 for granting a stay at some point ?

    No...each court in the food chain considers stays (and appeals) on their own without answering to anyone but set jurisprudence and SCOTUS precedent.

    Except, from my understanding (IANAL), MD cannot ask CA4 for a ruling on a stay motion until Judge Legg has ruled on the stay motion presented at the District level.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,964
    Marylandstan
    Except, from my understanding (IANAL), MD cannot ask CA4 for a ruling on a stay motion until Judge Legg has ruled on the stay motion presented at the District level.

    I think this is correct. But also, I do believe since Judge Legg had issued
    a temporary stay, CA4 will consider a stay but don't believe it will be issued.
    JMHO after reading all on this post.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,563
    White Marsh
    I think this is correct. But also, I do believe since Judge Legg had issued
    a temporary stay, CA4 will consider a stay but don't believe it will be issued.
    JMHO after reading all on this post.

    CA4 has nothing to do with the stay, at least for right now. If the stay is denied in the lower court, MD can ask CA4 for a stay. Until that time, CA4 is waiting on briefs for the actual appeal of the case, due Friday.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    I think this is correct. But also, I do believe since Judge Legg had issued
    a temporary stay, CA4 will consider a stay but don't believe it will be issued.
    JMHO after reading all on this post.

    State cannot ask the CA4 for a stay where they have a temporary stay now in place. That would be insane. A stay must be justified on the basis of irreparable harm -- they aren't harmed in the least with a temporary stay in place.
     
    Status
    Not open for further replies.

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    276,060
    Messages
    7,306,628
    Members
    33,564
    Latest member
    bara4033

    Latest threads

    Top Bottom