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

[esqappellate]

I was wondering the same thing. Is it possible to do a FOIA request on this in Maryland?

It would be interesting to know how many applications have been received since the ruling.

Probably not. Those apps are not even before the court unless Gura gets some hard numbers and that may be tricky. If it doesn't get into the record in the district court level, Judge Legg will not consider them. Now, it is possible that some evidence can be introduced in the stay proceedings at the CA4 level, but even that is a stretch. No, the large number of appls (and I don't know how many have been filed) matter most to the state as they have to decide on what to do with them.

 

[esqappellate]

I'm guessing the 4th circuit could also grant a stay if Judge Legg decides not to.

I am guessing that they wouldn't, especially if Judge Legg does a really good job explaining why he denied a stay. While the CA4 applies the same 4 part test under Rule 8, the district court's views are given a lot of weight by the CA on this stay question, especially if they are well reasoned and thoughtful. I am betting that is precisely what we will get from Judge Legg. Of course, that works both ways. If Judge Legg grants a stay, Gura can ask to have it vacated pending appeal, but that burden is really tough. The accepted standard for review of such a stay is whether or not the trial court abused its sound discretion in denying the stay. See Unicon Management Corp. v. Koppers Co., 2 Cir. 1966, 366 F.2d 199; United States for Use and Benefit of Larkin v. Platt Contracting Co., 1 Cir. 1963, 324 F.2d 95.

 

[rob b]

this stuff is FN insane
gansler just fold your hand and stop stalling what we all know is going to happen anyway
rant over

 

[Atlasarmory]

OK I'm going to try to ask a real question. Everyone hold onto something and remain seated. So if Legg denies the stay then the 4th denies the stay is Gansler out of options or can they appeal to the USSC ?

 

[MDFF2008]

OK I'm going to try to ask a real question. Everyone hold onto something and remain seated. So if Legg denies the stay then the 4th denies the stay is Gansler out of options or can they appeal to the USSC ?

They can ask the USSC if both the 4th and Legg deny but the stay will land on Chief Justice Roberts desk.

Not exactly a friendly ear for MD.

Sent from my SPH-D700 using Tapatalk

 

[Mark75H]

the MSP will most likely sit on the applications at least until it wins or loses on appeal.

I doubt they will have the luxury of waiting that long. Some permits will need to be issued before that time (ie those "special class" of people who have been getting permits since the beginning)

The state is now in a real jam ... there are permits they want to issue and permits they don't want to issue ... and now they must be issued or denied by the same standard

 

[esqappellate]

OK I'm going to try to ask a real question. Everyone hold onto something and remain seated. So if Legg denies the stay then the 4th denies the stay is Gansler out of options or can they appeal to the USSC ?

Technically Possible, but *very* unlikely. They would have to ask for certiorari before judgment and that is virtually impossible to get in these types of cases. No way.

 

[esqappellate]

I doubt they will have the luxury of waiting that long. Some permits will need to be issued before that time (ie those "special class" of people who have been getting permits since the beginning)

The state is now in a real jam ... there are permits they want to issue and permits they don't want to issue ... and now they must be issued or denied by the same standard

If they get a stay, they can continue to issue the permits or deny permits under the old standard, including 5ii. If the day is denied, then they have to comply with Judge Legg's new injunction for all permits, including those filed pending appeal. Of course, if they ultimately win on appeal, the state could then revoke those permits it would have never granted under 5ii.

 

[dlmcbm]

I doubt they will have the luxury of waiting that long. Some permits will need to be issued before that time (ie those "special class" of people who have been getting permits since the beginning)

The state is now in a real jam ... there are permits they want to issue and permits they don't want to issue ... and now they must be issued or denied by the same standard

From the way I understand it is business as usual at MSP. They will process your application as they always have. SO if you have a G&S reason then you will get your permit. If you do not have a G&S reason then thats the ones that they are holding for now to see what happens in the courts.

 

[Mr H]

So...

Gura gets to put together a Christmas List, and Maryland is being told to go out and cut their own switch...

Now we get to see which one Legg finds sufficient.

 

[Mr H]

argg...so the way I read this...Woolard "the individual" wins and can breath a sigh of relief...

and the rest of us peons wait till the game is totally over.

It's still the 3rd quarter for us....ugh

Well, it really isn't "our" case. We're just hoping it's to "our" benefit.

 

[csanc123]

Well, it really isn't "our" case. We're just hoping it's to "our" benefit.

No doodoo.

 

[fightinbluhen51]

While today's NC ruling doesn't do much for our case today, that is three civil suits in three weeks to rule that outside the home exists (and two different levels of scrutiny since strict was used in the NC decision).

I would assume that three for three in three weeks would not go well to the stay, staying in place long, then again, IANAL.

 

[X-Factor]

I'm so lost. Tried to catch up, too, but just got confused. Did something happen today?

 

[krucam]

I'm so lost. Tried to catch up, too, but just got confused. Did something happen today?

Pg 390...

 

[X-Factor]

Pg 390...

I count 197...

 

[BUFF7MM]

I count 197...

That's where I'm at too. I've got mine set on 40 posts per I think.

 

[smokey]

temporary stay, legg asked gura and gansler what they want in an injunction. they're going to be talking over the next few months(gura, then gansler rebuttal, the gura response). Deadline to stop talks is may 23rd....then legg should do something and then gansler will immediately appeal.

 

[OnTarget]

temporary stay, legg asked gura and gansler what they want in an injunction. they're going to be talking over the next few months. Deadline to stop talks is may 23rd....then legg should do something and then gansler will immediately appeal.

I thought your summary was excellent; you only needed 3 sentences. You didn't mention Woolard though.

 

[esqappellate]

I thought your summary was excellent; you only needed 3 sentences. You didn't mention Woolard though.

Not quite. No talks, further briefing on a permanent stay til May 23, 2012. Temporary stay til then. See http://www.mdshooters.com/showpost.php?p=1582921&postcount=7842