New Maryland Wear and Carry Lawsuit

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  • Kicken Wing

    Snakes and Sparklers
    Apr 5, 2014
    868
    WASH-CO
    Cheers to all in MD! I am glad to hear this news. Fingers crossed this tears down the barrier to wear and carry here in Maryland. Criminals will then have to suffer swift justice.... the way it SHOULD be.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,239
    Montgomery County
    If we lose the Senate we will be in the minority

    But even if that rule hadn't recently changed, you can be sure that if the Dems did get the senate, they'd change it anyway. That horse is out of the barn both notionally and in practice. Well, that horse is BACK out of the barn. Because before the senate's own internal rules expected more of a majority, it required only a simple majority. As it again does now.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    No mention of MSRPA who is also named in the lawsuit?

    Citations generally are by the lead plaintiff and lead defendant. Nothing against the MSRPA, with whom I have worked for years now in Annapolis. I have expressly noted that the MSRPA is named plaintiff in the link. The NRA state orgs in NJ, NY and MD are all plaintiffs in their respective suits along with the individual plaintiffs. You can be sure that these law firms are not working on a contingency for Section 1988 fees. So I am glad that the state orgs and the NRA are stepping up to the plate. In the MD suit, if you click on the link, the whole complaint comes up in which the MSRPA is the second plaintiff.
     
    Last edited:

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Can the fact that Frosh didn't want Wren to be appealed to USSC be used in court to bolster this new argument?

    Won't matter. This case will lose at the District Court and 4th Circuit. The reason this case and the others in NJ and NY are being filed is BECAUSE DC didn't appeal, precisely because there's a clear split now.

    Frosh just wanted to buy some time.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    It's a shame that the GA Session caused MSI to miss out on bringing this suit along with NRA and MSRPA.

    Oh, MSI could still bring its own suit. But there is no reason to do so, as you really only need one test case, per circuit. If the MSRPA needs our assistance in any way, including joinder as a party plaintiff, we would be pleased to assist.
     

    Abulg1972

    Ultimate Member
    The whole point of the suit, like the NJ and NY suits, is to set up the circuit conflict for SCT review, not to win in the 4th Circuit, which is bound by Woollard.

    Maybe I'm missing something, but if the Court of Appeals for the 4th Circuit has already decided the issue, how is bringing another suit in the 4th Circuit courts going to create a circuit conflict?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    Because of how the DC court of Appeals Circuit ruled in Wren VS DC when they ruled DC G&S was Unconstitutional and that created the circuit split..

    This. You need a new suit in order to bring that split created by Wrenn to the Supreme Court. Hence the suits in MD, NJ, and NY
     

    Abulg1972

    Ultimate Member
    This. You need a new suit in order to bring that split created by Wrenn to the Supreme Court. Hence the suits in MD, NJ, and NY

    But the 4th Circuit has already ruled on this issue, so there is already a split.

    You can bring a new case to try different facts and determine whether the standard was properly applied, but you can't bring a new case to try the same legal issue of whether "good and substantial" is constitutional. That issue has been decided.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    But the 4th Circuit has already ruled on this issue, so there is already a split.

    You can bring a new case to try different facts and determine whether the standard was properly applied, but you can't bring a new case to try the same legal issue of whether "good and substantial" is constitutional. That issue has been decided.

    Exactly. There will be quick a loss at the district, and court of appeals.

    This case and the others like it are squarely aimed at the SCOTUS.
     

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