HQL lawsuit

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  • win296

    Active Member
    Jun 15, 2012
    231
    Baltimore
    Forgive me if this is a duplicate.

    MSI just sent an email stating that the HQL lawsuit was dismissed for lack of standing. I tried reading the opinion but could not make sense of it.

    What just happened? What’s the next step?


    Sent from my iPhone using Tapatalk Pro
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    The District Court judge found in a summary judgement that none[/] of the plaintiffs had standing or had suffered damages, and therefore the case would be dismissed. The decision reads as very dismissive of. and condescending towards, the plaintiffs, almost as if the judge simply wanted nothing to do with the case and was looking for a reason to get it out of his court.

    MSI can appeal the dismissal to 4CA. I don't represent them, so I can't say if they will or won't.
     
    Last edited:

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    Seems like anyone in Maryland who wants to be able to legally carry a firearm would have standing, but I know it's more complicated than that.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    Seems like anyone in Maryland who wants to be able to legally carry a firearm would have standing, but I know it's more complicated than that.

    When you write "carry", is that in reference to "CCW" or just the mere purchase of a handgun?

    Then, the HQL only applies to handguns, not all firearms.

    I owned a handgun before the HQL went into effect, so I had the ability to "carry" a handgun even after the HQL went into effect because I did not sell my handguns. Now, without applying and paying for the HQL, I cannot buy another handgun.

    Standing is a hard thing to explain.

    https://en.wikipedia.org/wiki/Standing_(law)

    Somewhat hard for a corporation, like MSI, to meet the standing requirement because it is tough for a corporation to assert its 2nd Amendment Right.

    I don't think it is impossible to find plaintiffs that have standing. The question ends up being whether the ones in this particular case do in fact have standing. I have not read the opinion and probably will not for another week or more because I just want to shut off my brain at midnight tomorrow and take a break from this type of work for a little bit.
     

    WeaponsCollector

    EXTREME GUN OWNER
    Mar 30, 2009
    12,120
    Southern MD
    As a tax payer and free citizen, no judge or politician can decide for me when or if I can keep and carry arms. That's for me to decide. I'm not a lawyer.
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    If I am ever elected Benevolent Dictator my first rule would be no posts on court opinions if you haven't read them.

    Reading and understanding are 2 completely different things. There are some opinions that I completely shake my head in wonderment and this is one of them. For the love of anything that resembles sanity, what was this judge thinking?

    Sorry, my lord... I do not understand, maybe someone who is older and wiser than me can explain the judges ruling....
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,156
    Reading and understanding are 2 completely different things. There are some opinions that I completely shake my head in wonderment and this is one of them. For the love of anything that resembles sanity, what was this judge thinking?

    Sorry, my lord... I do not understand, maybe someone who is older and wiser than me can explain the judges ruling....

    The Judge said "Guns are bad and since I can't make that pesky 2nd Amendment go away I'll make those pesky gun nuts go away which I can do (at least for a little while)".
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    There are some opinions that I completely shake my head in wonderment and this is one of them. For the love of anything that resembles sanity, what was this judge thinking?

    He seems to have been thinking: "If I need to decide, precedent says you can't license an enumerated right. But I can't decide that becauze....gunz...so I'll just find that every single one of this very disparate group of plaintiffs has no standing in spite of prior court precedent about denial of enumerated rights being damage in and of itself, and walk away from the flaming wreckage of this case before it stains my career".

    We will never get a fair hearing in 4CA.
     

    CrabcakesAndFootball

    Active Member
    Jun 14, 2017
    697
    Did the judge say why no one had standing?

    This is way oversimplified, but:

    1. Individual plaintiffs never applied for HQL;
    2. MSI not harmed b/c membership increased;
    3. Atlantic Guns is selling more handguns at one stores since passage of FSA.

    As was mentioned upthread, the judge was looking to toss the case without reaching the merits. Swap MSI for ACLU and FSA with travel ban and something tells me this judge, who sent a letter to Barry O requesting appointment to this position, would have miraculously found standing.
     

    KevinK

    Ultimate Member
    Jun 24, 2008
    4,973
    Carroll County, Md
    This is way oversimplified, but:

    1. Individual plaintiffs never applied for HQL;
    2. MSI not harmed b/c membership increased;
    3. Atlantic Guns is selling more handguns at one stores since passage of FSA.

    As was mentioned upthread, the judge was looking to toss the case without reaching the merits. Swap MSI for ACLU and FSA with travel ban and something tells me this judge, who sent a letter to Barry O requesting appointment to this position, would have miraculously found standing.

    Thank you.

    #1 is kind of circular: No standing as you didn't apply; I didn't apply because it's an infringement.

    #2 and 3 are 'so what', but as you noted, the judge wanted to toss the case one way or another.
     

    Racer Doug14

    Thread killer
    MDS Supporter
    Patriot Picket
    Feb 22, 2013
    8,003
    Millers Maryland
    Thank you.

    #1 is kind of circular: No standing as you didn't apply; I didn't apply because it's an infringement.

    #2 and 3 are 'so what', but as you noted, the judge wanted to toss the case one way or another.

    This judge is lazy and probably not truly qualified to rule on what to have for dinner. Where would standing come from? As an example, I want to,or tried purchase a handgun and didn't get the HQL. Which means a FFL will not sell me one. That person is affected. Judge=lazy POS.
     

    CrabcakesAndFootball

    Active Member
    Jun 14, 2017
    697
    This judge is lazy and probably not truly qualified to rule on what to have for dinner. Where would standing come from? As an example, I want to,or tried purchase a handgun and didn't get the HQL. Which means a FFL will not sell me one. That person is affected. Judge=lazy POS.

    Exactly. I'm quite confident that very thing is alleged in the Complaint. Really shouldn't be more complicated than that.

    I think leftists in general are terrified of making 2A rulings given the current composition of the Supreme Court.
     

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