Go Back   Maryland Shooters > Gun Rights and Legislation > National 2A Issues

Notices


Reply
 
Thread Tools Display Modes
Old August 9th, 2017, 03:13 PM #221
777GSOTB 777GSOTB is offline
Member
 
Join Date: Mar 2014
Posts: 204
777GSOTB 777GSOTB is offline
Member
 
Join Date: Mar 2014
Posts: 204
Quote:
Originally Posted by motorcoachdoug View Post
Mabe they are hoping that SCOTUS will deny cert in the case... If they grant cert then FLA will be in a world of hurt ....
Florida lost their case when they erred in concluding that a fundamental right can be substituted with a licensed privilege...The hole in that ship is too big to fix, with or without a response.

Last edited by 777GSOTB; August 9th, 2017 at 03:15 PM. Reason: spelling
777GSOTB is offline   Reply With Quote
Old August 9th, 2017, 09:52 PM #222
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,495
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,495
In a perfect world that would be true.
But in a world where there are nine humans on a bench, it matters if Thomas and Gorsuch can find sufficient votes to grant cert...
Kharn is offline   Reply With Quote
Old August 10th, 2017, 03:46 AM #223
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 3,703
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 3,703
Quote:
Originally Posted by 777GSOTB View Post
Florida lost their case when they erred in concluding that a fundamental right can be substituted with a licensed privilege...The hole in that ship is too big to fix, with or without a response.
This assumes that there are 5 votes on SCOTUS to rule licensing is unconstitutional. Highly unlikely considering how many cases they have passed on.
Licensing (in and of itself) will not play a part in this case.

It's now been distributed for the big conference 9/25 https://www.supremecourt.gov/search....lic/17-68.html

If SCOTUS requests a response this will be pushed to another conference.
press1280 is offline   Reply With Quote
Old August 10th, 2017, 04:26 AM #224
frogman68's Avatar
frogman68 frogman68 is offline
товарищ плачевная
 
Join Date: Apr 2013
Posts: 4,418
frogman68 frogman68 is offline
товарищ плачевная
frogman68's Avatar
 
Join Date: Apr 2013
Posts: 4,418
What I find disheartening is in the last two days, Bill Clinton's first choice for SCOTUS has died . That seat went to Ginsberg and the judge who was the deciding vote to rule NY'S death penalty unconstitutional have died. Still hoping Ginsberg follows suit soon
__________________
Hillary's scandals are piling up faster than snowflakes in a blizzard
frogman68 is offline   Reply With Quote
Old August 10th, 2017, 05:31 AM #225
motorcoachdoug's Avatar
motorcoachdoug motorcoachdoug is offline
Senior Member
 
Join Date: Jul 2012
Location: Demcratic Soscial Rublik of Md,Socialist Cnty of Montgomery,1/3 of the 3 that rule the state,
Posts: 1,128
motorcoachdoug motorcoachdoug is offline
Senior Member
motorcoachdoug's Avatar
 
Join Date: Jul 2012
Location: Demcratic Soscial Rublik of Md,Socialist Cnty of Montgomery,1/3 of the 3 that rule the state,
Posts: 1,128
Na. She hates Trump so much that will keep her alive until Trump leaves office then she will let herself leave this world. Its amazing that hating a person that much will keep her alive and give her the willpower to live. Wonder what will happen if Trump is reelected? Will she stay alive or go in a fit of rage because he didnt lose the election like she wanted him to lose.....
motorcoachdoug is offline   Reply With Quote
Old August 10th, 2017, 05:00 PM #226
777GSOTB 777GSOTB is offline
Member
 
Join Date: Mar 2014
Posts: 204
777GSOTB 777GSOTB is offline
Member
 
Join Date: Mar 2014
Posts: 204
Quote:
Originally Posted by press1280 View Post
This assumes that there are 5 votes on SCOTUS to rule licensing is unconstitutional. Highly unlikely considering how many cases they have passed on.
Licensing (in and of itself) will not play a part in this case.

It's now been distributed for the big conference 9/25 https://www.supremecourt.gov/search....lic/17-68.html

If SCOTUS requests a response this will be pushed to another conference.
A state can't charge a fee to exercise a fundamental right protected by the federal constitution. Stare Decisis....MURDOCK v. COMMONWEALTH OF PENNSYLVANIA, 319 U.S. 105 (1943)

"It is claimed, however, that the ultimate question in determining the constitutionality of this license tax is whether the state has given something for which it can ask a return. That principle has wide applicability. State Tax Commission v. Aldrich, 316 U. S. 174, and cases cited. But it is quite irrelevant here. This tax is not a charge for the enjoyment of a privilege or benefit bestowed by the state. The privilege in question exists apart from state authority. It is guaranteed the people by the Federal Constitution."

"It is contended, however, that the fact that the license tax can suppress or control this activity is unimportant [319 U.S. 105, 113] if it does not do so. But that is to disregard the nature of this tax. It is a license tax a flat tax imposed on the exercise of a privilege granted by the Bill of Rights. A state may not impose a charge for the enjoyment of a right granted by the federal constitution."

Also, a license is not the least restrictive. A certificate of competence would meet that requirement quite nicely...We'll see if Friday plays that card if need be. He knows about it, as I sent off an email to him...Quite possibly flew right over his head though.

Your statistical thinking is flawed...They've only passed on one other open carry case and Embody failed to exhaust all his administrative remedy's in that one. We also have an actual injured party with Norman, in which, all other cases have failed to bring forth.
777GSOTB is offline   Reply With Quote
Old August 12th, 2017, 09:14 AM #227
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 3,703
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 3,703
1st test passed for Norman, SCOTUS has requested a response, due September 11th.

The page on the SCOTUS website has that weird glitch again where some get the latest version and others only see the cert petition.
press1280 is offline   Reply With Quote
Old August 12th, 2017, 09:15 AM #228
swinokur's Avatar
swinokur swinokur is offline
In a State of Denial
 
Join Date: Apr 2009
Location: Stalag Montgomery
Posts: 38,103
swinokur swinokur is offline
In a State of Denial
swinokur's Avatar
 
Join Date: Apr 2009
Location: Stalag Montgomery
Posts: 38,103
clear the browser cache
__________________
swinokur is offline   Reply With Quote
Old August 12th, 2017, 12:03 PM #229
danb's Avatar
danb danb is online now
These are not your droids
 
Join Date: Feb 2013
Location: Howard County
Posts: 12,101
danb danb is online now
These are not your droids
danb's Avatar
 
Join Date: Feb 2013
Location: Howard County
Posts: 12,101
Can only one justice request a response, or does there have to be some sort of vote?
__________________
"More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. Permitting such a justification would eviscerate Fourth Amendment protections for lawfully armed individuals in those states."

http://www.ca4.uscourts.gov/opinions...d/115084.p.pdf
danb is online now   Reply With Quote
Old August 12th, 2017, 12:17 PM #230
motorcoachdoug's Avatar
motorcoachdoug motorcoachdoug is offline
Senior Member
 
Join Date: Jul 2012
Location: Demcratic Soscial Rublik of Md,Socialist Cnty of Montgomery,1/3 of the 3 that rule the state,
Posts: 1,128
motorcoachdoug motorcoachdoug is offline
Senior Member
motorcoachdoug's Avatar
 
Join Date: Jul 2012
Location: Demcratic Soscial Rublik of Md,Socialist Cnty of Montgomery,1/3 of the 3 that rule the state,
Posts: 1,128
I believe it only takes one justice to ask for it.. but I might be wrong... what say our legal eagle? :
motorcoachdoug is offline   Reply With Quote
Reply

  Home Page > Forum List > Gun Rights and Legislation > National 2A Issues


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 08:33 AM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
2017, Congregate Media, LP Privacy Policy Terms of Service