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  • jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Motion to dismiss
     

    Attachments

    • mis bump.pdf
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    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Mostly seems like they are relying on the fact that you can store them out of state. And that this is a proper exercise of states police power.

    This is the same argument that got shot down in CA. Well see.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    "In stark contrast"!!!

    Whenever a lawyer uses that phrase you know it isnt.


    Seems like a pretty weak brief honestly. Possession is one of the key sticks of the property rights bundle. Didn't Roberts actually say that in one of his opinions recently? Seems like it sticks in my head.

    Ive said their briefs were weak before. All they need to say really is "because guns"
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    That was.... Ridiculous. Frosh is claiming that forcing someing to engage is interstate commerce or destroy previously lawfully owned property is not a takeings.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Yes, seems likely this will define what they can do for magazines as well. Seems like they cut and paste Californias argument on magazines. CA s argument so far has been rejected. Even for CA this is a tough argument. Takings law is more well established than 2A law.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,257
    Davidsonville
    If the judge decides the case has credibility would that also give cause for an injunction or keep the law from going into effect?
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    Curious about all the references to storing/selling the devices out of state. Would that be MD forcing us to engauge in interstate commerce by one means or another? Maybe some forum lawyers can comment on this?

    MD cannot force us to sell accross state lines (interstate commerce)

    MD cannot force us to transport accross state lines (interstate commerce)

    MD cannot force us to destroy our triggers (no compensation)

    MD has no achievable grandfather clause.

    Any way you slice the cake, we are screwed.
     

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