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Search: Posts Made By: esqappellate
Forum: National 2A Issues January 7th, 2019, 07:09 PM
Replies: 3
Views: 412
Posted By esqappellate
Petitioner is the United States. The respondent...

Petitioner is the United States. The respondent is represented by counsel. Respondent is just poor.
Forum: National 2A Issues January 7th, 2019, 04:31 PM
Replies: 115
Views: 9,016
Posted By esqappellate
if only he still was SG.... So for those curious...

if only he still was SG.... So for those curious about the Court's relist practice, see...
Forum: National 2A Issues January 7th, 2019, 02:18 PM
Replies: 115
Views: 9,016
Posted By esqappellate
We shall see. Woollard was not relisted at all. ...

We shall see. Woollard was not relisted at all. The Court seems to be more or less following its practice of doing at least one relist prior to a cert grant. The good thing about this case is that...
Forum: National 2A Issues January 7th, 2019, 12:50 PM
Replies: 115
Views: 9,016
Posted By esqappellate
Too soon to tell. Wait until tomorrow to see if...

Too soon to tell. Wait until tomorrow to see if it is relisted. Generally the odds of a grant go up with one to three relists. They go down after that, suggesting a dissent from a denial of cert....
Forum: Maryland 2A Issues January 1st, 2019, 11:40 PM
Replies: 62
Views: 3,161
Posted By esqappellate
Our financials are available, on a confidential...

Our financials are available, on a confidential basis, to individual members at their request. We also discuss financials at MSI membership meetings. Free free to contact us at...
Forum: Maryland 2A Issues December 18th, 2018, 07:16 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
The ATF has no more authority to "approve" an...

The ATF has no more authority to "approve" an "application" for a binary trigger than it does for a bumpstock. They are simply not in the business of doing that. And the States are free to ban stuff...
Forum: Maryland 2A Issues December 14th, 2018, 03:15 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
Notice of Appeal filed. See attached. The...

Notice of Appeal filed. See attached. The issue(s) to be appealed still TBD. And no, there is little chance of things going our way prior to Oct. 1, 2019. Folks who own the "devices" covered by...
Forum: Maryland 2A Issues November 23rd, 2018, 11:51 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
Right. Sept 21. Rogers is the Carry case, not a...

Right. Sept 21. Rogers is the Carry case, not a AR ban case. 90 days for a cert petition. And another carry case Gould was just decided in the 1st Circuit It’s going to get interesting
Forum: Maryland 2A Issues November 22nd, 2018, 01:20 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
The Kolbe issue is not going away. It is being...

The Kolbe issue is not going away. It is being actively litigated in the 9th Circuit in Duncan and in the 1st Circuit in Worman. Those cases are going to be appealed to the SCT more likely than...
Forum: National 2A Issues November 21st, 2018, 10:22 PM
Replies: 345
Views: 31,966
Posted By esqappellate
And your motion was granted! The following...

And your motion was granted!
The following transaction was entered on 11/21/2018 at 2:40:05 PM PST and filed on 11/21/2018
Case Name: George Young, Jr. v. State of Hawaii, et al
Case Number: ...
Forum: Maryland 2A Issues November 20th, 2018, 04:27 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
Here is the issue. This decision is wrong, of...

Here is the issue. This decision is wrong, of that I have no doubt. But the decision is not binding precedent on any legal point, not in other cases in district court, much less in the court of...
Forum: Maryland 2A Issues November 16th, 2018, 05:40 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
There is an appeal of right to the 4th Circuit if...

There is an appeal of right to the 4th Circuit if we want to take an appeal. An appeal can be on one issue or up to all issues. We have 30 days to file a notice of appeal. No way to know which...
Forum: Maryland 2A Issues November 16th, 2018, 03:40 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
Decision today. We lost. Attached. We are...

Decision today. We lost. Attached. We are considering our appeal options. A notice of appeal is due in 30 days. Needless to say, we do not agree with the Court's decision.
Forum: National 2A Issues November 15th, 2018, 01:09 PM
Replies: 115
Views: 9,016
Posted By esqappellate
Note this argument (page 21) by NYC on FOPA, 18...

Note this argument (page 21) by NYC on FOPA, 18 usc 926A:

Lunetta explained the need to be able to effectively monitor and enforce the limits on the transport of handguns in public by individuals...
Forum: Maryland 2A Issues November 5th, 2018, 07:02 PM
Replies: 205
Views: 12,190
Posted By esqappellate
Just so everyone understands, the Governor has no...

Just so everyone understands, the Governor has no control how HB 1302 is actually implemented under the language of the statute.
Forum: Maryland 2A Issues November 5th, 2018, 02:58 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
You are quite right, he didn't mention "gun oil."...

You are quite right, he didn't mention "gun oil." But did go to some length over the vagueness of the statutory language. This is from the transcript:
THE COURT: Yeah, I understand that, but it's...
Forum: Maryland 2A Issues November 5th, 2018, 01:30 PM
Replies: 3
Views: 460
Posted By esqappellate
INFORMATION: MSI view on some of the State races

MSI: MSI is an all-volunteer, non-partisan organization dedicated to the preservation and advancement of gun owners' rights in Maryland. We are active in Annapolis during the legislative session in...
Forum: Maryland 2A Issues November 2nd, 2018, 03:35 PM
Replies: 51
Views: 2,866
Posted By esqappellate
Saw that. I still renewed cuz I go there all the...

Saw that. I still renewed cuz I go there all the time.
Forum: Maryland 2A Issues November 2nd, 2018, 02:38 PM
Replies: 51
Views: 2,866
Posted By esqappellate
Nope, you were right on. I just wanted to expand...

Nope, you were right on. I just wanted to expand a bit on the importance of NR permits in this statutory scheme
Forum: Maryland 2A Issues November 2nd, 2018, 01:55 PM
Replies: 51
Views: 2,866
Posted By esqappellate
I don't give legal advice on the fora, but...

I don't give legal advice on the fora, but speaking for myself, I would find this to be a good strategy for interstate trips. I would need to present proof that I could possess and carry at the...
Forum: National 2A Issues October 30th, 2018, 10:37 AM
Replies: 1
Views: 531
Posted By esqappellate
Gura did a wonderful job!

Gura did a wonderful job!
Forum: Maryland 2A Issues October 29th, 2018, 04:00 PM
Replies: 192
Views: 9,764
Posted By esqappellate
MSi can’t and doesn’t endorse any candidate. We...

MSi can’t and doesn’t endorse any candidate. We are non partisan but we do provide info on candidates and We do talk to candidates of any party (if they are willing to talk to us). I have talked to...
Forum: Maryland 2A Issues October 15th, 2018, 05:19 PM
Replies: 14
Views: 1,042
Posted By esqappellate
The knowing part is called "mens rea." That...

The knowing part is called "mens rea." That requirement in Section 5-144 (then 5-143) was construed in the Chow case by the MD Court of Appeals. Give that case to your lawyer. Suggestion: Stop...
Forum: Maryland 2A Issues October 15th, 2018, 12:43 PM
Replies: 14
Views: 1,042
Posted By esqappellate
Violations of 5-143 are punishable under MD Code...

Violations of 5-143 are punishable under MD Code Public Safety 5-144 with up to 5 years imprisonment for violations. Attached. Consult your lawyer.
Forum: Maryland 2A Issues October 10th, 2018, 10:52 PM
Replies: 23
Views: 1,408
Posted By esqappellate
18 U.S.C. 926A provides: Notwithstanding any...

18 U.S.C. 926A provides:
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this...
Forum: Maryland 2A Issues October 10th, 2018, 10:05 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
I've known lots of prosecutors during my 33 years...

I've known lots of prosecutors during my 33 years at the Dept. of Justice. Most are good, hardworking folks who try to do the right thing. And I've known bad ones. All prosecutors are merely...
Forum: Maryland 2A Issues October 10th, 2018, 07:25 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
There is no time for the judge to decide. Guess?...

There is no time for the judge to decide. Guess? 3-6 months. As to motions: Agreed. Let's see what he does. We decide then.
Forum: National 2A Issues October 9th, 2018, 11:43 PM
Replies: 115
Views: 9,016
Posted By esqappellate
Paul Clement is one the best oral advocates in...

Paul Clement is one the best oral advocates in the SCT that I have ever seen. And I have seen plenty!
Forum: Maryland 2A Issues October 9th, 2018, 11:23 PM
Replies: 22
Views: 2,697
Posted By esqappellate
And here is MSI's and the other Plaintiffs'...

And here is MSI's and the other Plaintiffs' Memorandum in support of summary judgment and Opposition to the State's motion for SJ. ...
Forum: Maryland 2A Issues October 9th, 2018, 11:02 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
No one knows for sure.

No one knows for sure.
Forum: National 2A Issues October 8th, 2018, 09:27 PM
Replies: 13
Views: 1,201
Posted By esqappellate
The Mance v. Sessions case is big. Rehearing...

The Mance v. Sessions case is big. Rehearing denied in a very close split on July 20, 2018. Petition now due Nov. 19, 2018, as extended.
Forum: Maryland 2A Issues October 5th, 2018, 09:50 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
Everyone should hold onto those returned letters...

Everyone should hold onto those returned letters from the ATF. That's your proof that you "applied" under the grandfather provisions of SB 707. I think it is *GREAT* that the ATF is taking the time...
Forum: Maryland 2A Issues October 2nd, 2018, 03:13 PM
Replies: 1,226
Views: 80,292
Posted By esqappellate
TBD. Generally unless displaced by another...

TBD. Generally unless displaced by another statutory scheme, the remedy for a taking by the feds is a suit for compensation in the Court of Federal Claims with an appeal to the federal circuit. ...
Forum: Maryland 2A Issues October 2nd, 2018, 10:26 AM
Replies: 1,226
Views: 80,292
Posted By esqappellate
It bans possession, period, on the theory that...

It bans possession, period, on the theory that the only legal machineguns are those made before 1986. The ATF would require you to destroy them, regardless of whether they were attached any firearm....
Forum: Maryland 2A Issues October 2nd, 2018, 10:14 AM
Replies: 1,226
Views: 80,292
Posted By esqappellate
The ATF proposed rule *would* in fact outlaw all...

The ATF proposed rule *would* in fact outlaw all existing devices by classifying them as machineguns.
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