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

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    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    What happened yesterday?

    Letter ORDER re Questions for Summary Judgment Hearing. Signed by Judge Benson Everett Legg on 7/18/11. (hmls, Deputy Clerk) (Entered: 07/19/2011)

    and the the 18th
    NOTICE by Second Amendment Foundation, Inc., Raymond Woollard re 21 MOTION for Summary Judgment, 25 Cross MOTION for Summary Judgment of Newly Decided Authority (Gura, Alan) (Entered: 07/18/2011)

    http://ia600501.us.archive.org/1/items/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.docket.html
     

    SkunkWerX

    Ultimate Member
    Jul 17, 2010
    1,577
    MoCo/HoCo border
    :eek: Letter Order? :eek:

    Aren't these usually issued as a resolution to some conflict or disagreement between the plaintiffs and defendants? Like procedural items, or perhaps recognizing or squelching a motion by one side or the other?

    Could it be a hint of some last minute theatrics or shenanigans?

    Q: How insignificant, or significant could it be? game changer?

    :popcorn: :popcorn:
     

    krucam

    Ultimate Member
    In the Woollard DOCKET, 41 & 42 were recently added.
    2011-07-18 41 0 NOTICE by Second Amendment Foundation, Inc., Raymond Woollard re 21 MOTION for Summary Judgment, 25 Cross MOTION for Summary Judgment of Newly Decided Authority (Gura, Alan) (Entered: 07/18/2011)

    2011-07-19 42 0 Letter ORDER re Questions for Summary Judgment Hearing. Signed by Judge Benson Everett Legg on 7/18/11. (hmls, Deputy Clerk) (Entered: 07/19/2011)

    Anyone with enough brain cells to rub together to start a fire can guess what #41 is about, Ezell, of course.
    http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.41.0.pdf

    #42 However is very, very interesting. A prelude into tomorrow's Hearing.
    http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.42.0.pdf

    A clear cut message to Counsel as to WHERE the Judge is leaning, WHAT the Counsel needs to address tomorrow. This is very "iffy" given his words, I would love to attend tomorrow, but there is no way...

    MEMORANDUM TO COUNSEL RE: Woolard, et al. v. Sheridan, et al.
    Civil No. L-10-2068
    Dear Counsel:
    A hearing is currently scheduled for Thursday, July 21, 2011 to consider the parties’ Cross-Motions for Summary Judgment. I wish to thank counsel for submitting such comprehensive and well written briefs. Below are some of my initial thoughts on the case, in order that counsel may be guided somewhat in their preparation for the hearing. No written response is required.

    From my reading of the briefs and the relevant case law, it appears that the following points are not in serious dispute:
    • The “core” of the Second Amendment protection as articulated in Heller and McDonald encompasses the right of law-abiding individuals to possess handguns in the home for self-defense.
    • When considering legislation regulating conduct outside this core area, but still within the scope of the Second Amendment right, intermediate scrutiny is appropriate.
    • This case does not implicate any of the “presumptively lawful regulatory measures,” such as prohibitions on firearms ownership by convicted felons or the mentally ill, laws forbidding the carrying of firearms in sensitive places, or laws imposing conditions and qualifications on the commercial sale of arms.
    • The Court should consider the regulatory scheme as a whole rather than analyzing only the challenged portions of the law.

    The key questions on which this case will turn, therefore, are the following:
    • Do the regulations here at issue satisfy intermediate scrutiny?
    o What is the nature and extent of the state’s interest in the regulations?
    o How are these regulations tailored to advance the state’s interest?
    • If the challenged regulations would not satisfy intermediate scrutiny, does the Second Amendment right extend outside the home at all? The majority in Masciandaro expressly reserved this question, and suggested that it should not be decided unless absolutely necessary.
    Additional questions that will inform the above:
    Case 1:10-cv-02068-BEL Document 42 Filed 07/19/11 Page 1 of 2
    • To what extent is First Amendment doctrine properly applied in the Second Amendment context? Is it merely instructive in determining the level of scrutiny applicable to the circumstances, or do concepts such as prior restraint and overbreadth apply as well?
    • What is the appropriate role of social science data in determining whether the state’s carry law passes constitutional muster?

    Since briefing began on the Motions now before the Court, two important decisions have been handed down: United States v. Masciandaro, 638 F.3d 458 (4th Cir. March 28, 2011) and Ezell v. Chicago, No. 10-3525, 2011 WL 2623511 (7th Cir. July 6, 2011). Masciandaro was treated briefly in the parties’ reply briefs; Ezell was decided after briefing had been completed.
    Please be prepared to discuss these two cases in detail.

    Despite the informal nature of this memorandum, it shall constitute an Order of the Court and the Clerk is directed to docket it accordingly.
    Very truly yours,
    /s/
    __________________________
    Benson Everett Legg
     

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    Just read the two briefs...

    The Judge isn't going to be bothered with Ezell, Inigoes. The whole thing hinges on the first point of the Judges Memo: The “core” of the Second Amendment protection as articulated in Heller and McDonald encompasses the right of law-abiding individuals to possess handguns in the home for self-defense.

    Gura will lose, because of this.

    We have seen it over and over. Both Defendants and District Court Judges are reading the "core" right as the finding of the specific question before the SCOTUS in Heller. But Heller held something else entirely, before it ruled on the actual question.

    Before it found that keeping and bearing a gun is arguably greatest, in the home, they found that keeping and bearing arms for self defense in case of confrontation was the right.

    ETA: The Judge has just signaled his own predisposition on how he will rule.
     
    Last edited:

    krucam

    Ultimate Member
    "Masciandaro was treated briefly in the parties’ reply briefs; Ezell was decided after briefing had been completed.
    Please be prepared to discuss these two cases in detail."

    This bodes well as long as Wilkinson's (4C) crap vs issues of Masciandaro doesn't carry the day. Ezell was pure goodness and gave little for Anti's/Defendants to use. It further shows Judge Legg wants to clear some "issues" up before ruling on the MSJ's. Counsel, come prepared...

    How can I play hookie tomorrow? It'll piss a few people off....damn....
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    I'm still optimistic (glass is half full)

    Even though the first point references in the home, it looks like the notes/questions where jotted down as the case progressed.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    It could go either way. He could always find that the absolute randomness isn't enough for intermediate.

    Pray
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    Good, bad, neutral?

    We're down on the first two counts:

    • The “core” of the Second Amendment protection as articulated in Heller and McDonald encompasses the right of law-abiding individuals to possess handguns in the home for self-defense.
    • When considering legislation regulating conduct outside this core area, but still within the scope of the Second Amendment right, intermediate scrutiny is appropriate.

    The big take-away here is that the judge appears to have decided public RKBA is not "core". Gura will argue that this was not an agreed matter. His point is that public RKBA is "core", but the judge seems to have swung to the other side. He seems to want to avoid deciding something the 4th avoided (he even says so). This is not a total loss, because the issue will ultimately hold over for appeal.

    The real question in the hearing is going to be what "intermediate" means. Looking at the other question regarding social science data, it appears the judge is evaluating the line between rational basis and intermediate. Social Science data won't fit heightened scrutiny.

    Heller specifically admonished the use of social policy to make these decisions. The judge may or may not be leaning there. Maryland made it a huge part of their argument, so it requires evaluation.


    Honestly, that's all I am willing to put out there right now. Let's see what tomorrow brings. FWIW, I like the fact the judge put this out there. Classy move showing he takes this seriously.
     

    krucam

    Ultimate Member
    Intermediate scrutiny. :puke:

    Big picture, we know that tomorrow is just another step on the path. Regardless of the final ruling, it will be appealed.

    Essentially, Intermediate is all we have "earned" thus far. Ezell was a tease to a level of scrutiny above that, and short of Strict.

    Judge Legg wants both parties to be prepared to discuss Mascandario (4C) and Ezell (7C). This has to be good news, which means prepare for the worst...
     

    SkunkWerX

    Ultimate Member
    Jul 17, 2010
    1,577
    MoCo/HoCo border
    Thoughts:

    -Come prepared to discuss these two cases bodes well for us, as we can't want for anyone better than Gura being prepared and well versed.

    -"In the Home" is becoming as draconian a saying as "you'll shoot your eye out!"

    -Intermediate scrutiny is in the eye of the beholder. Gura can argue that Maryland's current scheme is not intermediate, while Gansler can say it is already, is not, is to, is not, is to.

    -Social Science data? very interesting, this part could backfire on Gansler. How many years has the current scheme been in place? Do we still have violent crime, including specifically gun crime?

    -The state's interest could also become a sticky wicket for Gansler.

    "Trust in Gura" is the slogan for tomorrow. If we lose, it's not due to Gura's presentation, nor Gansler's amazing defense strategy. More that the courts, once again, are tiptoeing around anything to do with 2A, because they don't want to Go FIRST.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    Has anyone else seen the interesting omission?

    Judge Legg wants to discuss Masciandaro, and Ezell. Notice, Williams isn't part of the discussion...
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,372
    White Marsh
    Essentially, Intermediate is all we have "earned" thus far. Ezell was a tease to a level of scrutiny above that, and short of Strict.

    Judge Legg wants both parties to be prepared to discuss Mascandario (4C) and Ezell (7C). This has to be good news, which means prepare for the worst...

    I agree on the intermediate scrutiny portion, but I still think that means he'll be able to rule against/punt on the issue, given the cases already further along in the judicial process. I put the odds on a loss for us around 70% at this stage. Let's get our news, one way or the other, and take another step toward relief.
     
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