THE STAY IS LIFTED! effective in 14 days

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    esqappellate

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    ffemtreed said:
    My goal was to force a decision now that the stay is lifted before the 4th has time to rule on the stay motion that is inevitably coming from Gansler. I am not a legal eagle, so maybe I am wrong, but I have a feeling that the 4th granting a stay request is almost a 95% done deal and is pretty much just a paperwork formality. Then we are all right back in the waiting seat once the 4th issues its stay.
    Click to expand...

    You won't be able to force a decision in 14 days. First, the stay is still in effect so they could deny the app right now, technically. In any event, 14 days is a blink of an eye. They can simply ignore you while the stay is in effect and if the stay is lifted after 14 days, their procedures will take time to process any demand. Pushing the Board gets you nothing fast. If the MSP intends to comply with an injunction (as I think they will) then you will get your permit just as fast by simply waiting. Second, I'm not at all sure that you are correct that it is nearly certain that the ca4 will issue as stay. I am not that certain at all. Could happen, but the state has an uphill climb under the applicable standard of review. Wait and see.
     
    esqappellate

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Chris05STi said:
    So what is the official date we can apply. Is it 14 business days or 14 straight days?
    Click to expand...

    Governed by Rule 6 Federal Rules of Civil Procedure. Basically, don't count today, count every day thereafter unless the last day is a weekend or legal holiday, and if so, until the end of the next day that is not a weekend day or a legal holiday.
     
    Biggfoot44

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,137
    Back in Post#56 Esq refered to a binary universe of people applied before Stay and have been Investagated , and all others who need to apply. There are still large numbers of us who applied preStay , but no further action has yet been taken by MSP. Presumably we are go to go also ?
     
    B

    Broadside

    Active Member
    Mar 20, 2012
    305
    Virginia
    Biggfoot44 said:
    Back in Post#56 Esq refered to a binary universe of people applied before Stay and have been Investagated , and all others who need to apply. There are still large numbers of us who applied preStay , but no further action has yet been taken by MSP. Presumably we are go to go also ?
    Click to expand...

    I'm in the same boat you are Biggfoot44. My application was received March 16th, check cashed and notifcation of background check received. Not a peep out of MSP since then. No references called.
     
    Mr H

    Mr H

    Banana'd
    Mar 9, 2010
    135,933
    PRM, Province AA, District 32, GBP Zone
    Very interesting read... but I'm not 100% convinced we're 100% solid gpong into CA4, or even for getting pending permits processed.

    Please correct me if needed, but it seems less that Woollard won the day, than that the State simply failed to convincingly sway the Court.

    Yes, Legg seemed to spank the State for clutching at straws... but even though he wrote,

    "it did flow naturally from the Supreme Court‟s decisions in District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. City of Chicago, 130 S. Ct. 3020 (2010), and, perhaps more importantly, from the Fourth Circuit‟s decision in United States v. Masciandaro, 638 F.3d 458 (4th Cir. 2011). These decisions, as the Court noted, left useful “signposts” and provided “a ready guide.”
    Click to expand...

    this seems to leave it open for resolution higher up the ladder.
     
    eruby

    eruby

    Confederate Jew
    MDS Supporter
    Apr 25, 2008
    33,472
    Carroll County, People's Republic of Maryland
    mr h said:
    Very interesting read... but I'm not 100% convinced we're 100% solid gpong into CA4, or even for getting pending permits processed.

    Please correct me if needed, but it seems less that Woollard won the day, than that the State simply failed to convincingly sway the Court.

    Yes, Legg seemed to spank the State for clutching at straws... but even though he wrote,



    this seems to leave it open for resolution higher up the ladder.
    Click to expand...
    You are right that nothing is ever 100%.

    Look at SCOTUS and healthcare.

    As Dragline (George Kenendy) said in Cool Hand Luke when someone said it was understood that Luke would peel his own eggs - "when it comes to the law, NOTHING is understood".
     
    Robert

    Robert

    Having Fun Yet?
    May 11, 2011
    4,089
    AA County, MD
    dlmcbm said:
    So do you think Frosh has destroyed his office yet? After digging the phone out of the rubble is calling the Governor now?:lol2:
    Click to expand...

    I Wish, but more than likely he will be putting all that angry energy into creating new legislation limiting our freedoms...
     
    esqappellate

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Broadside said:
    The order was dated the 23rd. So wouldn't today, the 24th, count?

    (Broadside is doing the happy dance.) :bannana::bannana::bannana:
    Click to expand...

    No, it's the day it was entered onto the docket.

    Edit: And I see now that it was entered on 7/23, so you are correct, 7/24 counts.
     
    Last edited:
    Mr H

    Mr H

    Banana'd
    Mar 9, 2010
    135,933
    PRM, Province AA, District 32, GBP Zone
    esqappellate said:
    First, the stay is still in effect so they could deny the app right now, technically.
    Click to expand...

    Harshing my mellow, dude...

    :D

    Seriously, though... I see light at the end of the tunnel, but is this a point for any concern? I sure hope not.

    EDIT... I think Patrick answered my question in the main thread...

    Patrick said:
    No. That would be beyond the pale.

    MSP held those apps waiting on this ruling, one way or the other. There is no reason to dump them all now. Not even omalley is that crazy.

    I think.
    Click to expand...
     
    Indiana Jones

    Indiana Jones

    Wolverine
    Mar 18, 2011
    19,480
    CCN
    dlmcbm said:
    So do you think Frosh has destroyed his office yet? After digging the phone out of the rubble is calling the Governor now?:lol2:
    Click to expand...

    how can he use the phone when he already wrapped the cord around his neck in a fit of angry depressed rage?

    DANCING BANANA TIME!
    :bannana::bannana::bannana::bannana::bannana:
     
    Ruzo

    Ruzo

    Ultimate Member
    Mar 12, 2011
    1,594
    Phoenix, MD.
    Biggfoot44 said:
    Back in Post#56 Esq refered to a binary universe of people applied before Stay and have been Investagated , and all others who need to apply. There are still large numbers of us who applied preStay , but no further action has yet been taken by MSP. Presumably we are go to go also ?
    Click to expand...

    My question is what about people like my Brother?? Sent the app, had back round check done, went to the interview and 97 days later, he still hasn't heard a word. At least last time we spoke 2 days ago. So, what's the public opinion on guys who are in this position?
     
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