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

[Dklo]

I have a proven track record of being wrong from time to time.

is that like saying your stuff always works sometimes?

 

[esqappellate]

is that like saying your stuff always works sometimes?

yeah, except when it doesn't.....

 

[swinokur]

AKA "a definite maybe"

 

[fightinbluhen51]

CA4 Briefing Schedule:
Appendix/Opening Brief: 6/15/2012
Optional, Amici for Appellants: 6/22/2012
Pltf Response Brief: 7/16/2012
Optional, Amici for Appelles: 7/23/2012
MD Reply Brief: 7/30/2012

Shit...i was way off...thanks Mark...my brain is fried from work and our country descending into a banana republic.

 

[X-Factor]

Is Gura's brief due today? With yesterday, I lost track of this thread...

1/2 in terms of wins yesterday, but that one loss, is farkin' huge. I need some Gura goodness to print out and read this weekend when I take a few days off.

1/2? How about 0-2. Obamacare was upheld (but called a tax), and Stolen Valor was ruled to be unconstitutional. That's 0-2.

 

[eyesinpines]

To speculate (and it is just that), I don't think Judge Legg is waiting for anything in the CA4 to be filed. I just think he has a million other demands on his time. Recall that it took him a while to rule on SJ too. But, hey, I predicted a decision on the stay by June 15, so don't listen to me. I have a proven track record of being wrong from time to time.

As Judge Legg is "required" to respond to the stay request, yet the date by which he has to do so is completely open ended, are we not faced by an oxymoron?
Kinda like trying to find the end of a circle?

Without any deadline at all, what's to prevent this decision remaining unanswered by the end of the year, or next spring, or....I know I'm being facetious and really do understand and accept your previous great guidance, but this question of "required to, but no time limit" has me scratching my head a bit. The "temporary" stay has become essentially permanent has it not, until such time as he says otherwise, and this could be as long as...who knows?

 

[swinokur]

Federal Judges don't behave that way. You just need to be patient and wait like the rest of us.

The Judiciary needs this independence in the interest of justice IMO.

 

[OnTarget]

As Judge Legg is "required" to respond to the stay request, yet the date by which he has to do so is completely open ended, are we not faced by an oxymoron?
Kinda like trying to find the end of a circle?

Without any deadline at all, what's to prevent this decision remaining unanswered by the end of the year, or next spring, or....I know I'm being facetious and really do understand and accept your previous great guidance, but this question of "required to, but no time limit" has me scratching my head a bit. The "temporary" stay has become essentially permanent has it not, until such time as he says otherwise, and this could be as long as...who knows?

This is essentially what my thoughts are.

 

[2ndCharter]

1/2? How about 0-2. Obamacare was upheld (but called a tax), and Stolen Valor was ruled to be unconstitutional. That's 0-2.

Probably forgot Stolen Valor and was including the contempt vote against Holder.

 

[esqappellate]

Federal Judges don't behave that way. You just need to be patient wait like the rest of us.

The Judiciary needs this independence in the interest of justice IMO.

I think that is correct, as a rule. Certainly I don't believe that Judge Legg behaves that way. Forgive me, but I think some delay works for us. If the stay were lifted in, say, August, the CA4 may feel less compelled to reverse it with the CA briefing complete. And, we may have a decision in Moore/Shepard by sometime in August and that would help. The merits is what matters, the stay is a bit of a side show -- important but not nearly as important as the merits..

 

[Mr H]

Federal Judges don't behave that way. You just need to be patient and wait like the rest of us.

The Judiciary needs this independence in the interest of justice IMO.

This x1000!!

We are not even 4 mos into the decision, and much less the time into the stay, the stay arguments, etc.

I (and others) have said this before, but apparently it bears repeating.

While we have apps in the pipeline, and will ultimately be affected by the results (and Legg is no doubt aware of this), it is not our case!!!

Hand-wringing, keening and wailing gets no one any closer to anything but a nervous breakdown. I know we're all anxious to exercise our rights, but we're in Maryland, fer cry-eye... We knew (or at least were told) to expect a lengthy process.

Four months is a blip, people. Take a chill.

 

[jkray]

I think that is correct, as a rule. Certainly I don't believe that Judge Legg behaves that way. Forgive me, but I think some delay works for us. If the stay were lifted in, say, August, the CA4 may feel less compelled to reverse it with the CA briefing complete. And, we may have a decision in Moore/Shepard by sometime in August and that would help. The merits is what matters, the stay is a bit of a side show -- important but not nearly as important as the merits..

I hope you are right. I hope the stay gets lifted in a time frame that as you say would make the CA4 less compelled to reverse. but also in a time frame that allows permits to be issued and results to be seen before the Oral arguments in the fall. This would be the best of both worlds as Patrick stated the issued permits (and resulting peace) would take a metaphorical chainsaw to the states argument.

 

[esqappellate]

I hope you are right. I hope the stay gets lifted in a time frame that as you say would make the CA4 less compelled to reverse. but also in a time frame that allows permits to be issued and results to be seen before the Oral arguments in the fall. This would be the best of both worlds as Patrick stated the issued permits (and resulting peace) would take a metaphorical chainsaw to the states argument.

Agreed. Well put.

 

[swinokur]

One of the ways to keep this in perspective is to look back to early March. Did any of us dare to imagine where we are today?

I was as surprised as Dougie Gansler and the state of MD. They never thought this could happen. I didn't think I'd live to see where we are right now

But as I've gotten older, I have learned to be more patient.

 

[MDFF2008]

One of the ways to keep this in perspective is to look back to early March. Did any of us dare to imagine where we are today?

I was as surprised as Dougie Gansler and the state of MD. They never thought this could happen. I didn't think I'd live to see where we are right now

But as I've gotten older, I have learned to be more patient.

 

[eyesinpines]

One of the ways to keep this in perspective is to look back to early March. Did any of us dare to imagine where we are today?

I was as surprised as Dougie Gansler and the state of MD. They never thought this could happen. I didn't think I'd live to see where we are right now

But as I've gotten older, I have learned to be more patient.

I do understand all the calls for patience, and as we don't actually have any say in the matter it's really quite mute isn't it?

It seems that my "hand wringing" has irritated some on this forum, and for that I apologise. However may I point out that patience is a virtue easily enjoyed by the young and healthy.
For my part I'm 69 and have just been diagnosed with very bad health news.

Having waited patiently for all these years, I am perhaps a little more impatient than many at this time.

If I've bugged you, I'm sorry....sure didn't mean to.

 

[swinokur]

No offense taken. I am a bit younger (60) but I have had severe health issues for the past 5 years. Trying to recuperate has improved my patience as I said.

I want to see victory as badly as anyone.

Hope your health improves.

 

[highwayheat]

Hopefully Md will no longer be the "odd man out" as all other states in the 4th Us Circuit are shall issue states.

 

[Mr H]

I do understand all the calls for patience, and as we don't actually have any say in the matter it's really quite mute isn't it?

It seems that my "hand wringing" has irritated some on this forum, and for that I apologise. However may I point out that patience is a virtue easily enjoyed by the young and healthy.
For my part I'm 69 and have just been diagnosed with very bad health news.

Having waited patiently for all these years, I am perhaps a little more impatient than many at this time.

If I've bugged you, I'm sorry....sure didn't mean to.

No one was being singled out, and the feelings are understood.

No harm done, and (for me) I'd rather see mildly impatient interested people willing to make a difference, than mere hangers-on who don't have a dog in the fight.

I echo the wishes for better health to come...

 

[eyesinpines]

Thank you both!