Go Back   Maryland Shooters > Gun Rights and Legislation > Maryland 2A Issues
Don't Have An Account? Register Here

Join MD Shooters

Reply
 
Thread Tools Display Modes
Old April 14th, 2019, 06:51 PM #1
win296's Avatar
win296 win296 is offline
Member
 
Join Date: Jun 2012
Location: Baltimore
Posts: 168
win296 win296 is offline
Member
win296's Avatar
 
Join Date: Jun 2012
Location: Baltimore
Posts: 168
HQL lawsuit

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
win296 is offline   Reply With Quote
Old April 14th, 2019, 07:33 PM #2
Allen65 Allen65 is offline
Senior Member
 
Join Date: Jun 2013
Location: Anne Arundel County
Posts: 1,190
Allen65 Allen65 is offline
Senior Member
 
Join Date: Jun 2013
Location: Anne Arundel County
Posts: 1,190
The District Court judge found in a summary judgement that [I]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 by Allen65; April 14th, 2019 at 08:49 PM.
Allen65 is offline   Reply With Quote
Old April 14th, 2019, 08:40 PM #3
ComeGet ComeGet is offline
Agnostic in the foxhole
 
Join Date: Sep 2015
Location: Berzerkeley of the East
Posts: 3,857
ComeGet ComeGet is offline
Agnostic in the foxhole
 
Join Date: Sep 2015
Location: Berzerkeley of the East
Posts: 3,857
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.
__________________
"The Swiss are at once the best armed and the freest people in the world." - Niccolo Machiavelli, "The Prince"

"Political power grows out of the barrel of a gun." - Mao Zedong

"Even if a person is not religious, there's nothing wrong with living by godly principles." - Dr. Ben Carson
ComeGet is offline   Reply With Quote
Old April 14th, 2019, 09:50 PM #4
fabsroman fabsroman is offline
Senior Member
 
Join Date: Mar 2009
Location: West Friendship
Posts: 19,699
fabsroman fabsroman is offline
Senior Member
 
Join Date: Mar 2009
Location: West Friendship
Posts: 19,699
Quote:
Originally Posted by ComeGet View Post
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.
__________________
Nothing set forth on this board by me should be construed as legal advice.

Without a written agreement between you and I, there is no attorney/client relationship. Do NOT rely on what is posted by me or others on this chatboard as sound legal advice. Hire an attorney of your choosing, pay for the advice/research, and rely on that. I discuss topics of interest on this board, I do not provide legal advice for you to rely on.
fabsroman is offline   Reply With Quote
Old April 14th, 2019, 09:57 PM #5
Stoveman's Avatar
Stoveman Stoveman is offline
TV Personality
 
Join Date: Sep 2013
Location: Cuba on the Chesapeake
Posts: 14,210
Stoveman Stoveman is offline
TV Personality
Stoveman's Avatar
 
Join Date: Sep 2013
Location: Cuba on the Chesapeake
Posts: 14,210
If I am ever elected Benevolent Dictator my first rule would be no posts on court opinions if you haven't read them.
__________________
_______________
Proud CCW Cultist
Stoveman is offline   Reply With Quote
Old April 14th, 2019, 10:51 PM #6
danb's Avatar
danb danb is offline
i pi
 
Join Date: Feb 2013
Location: Howard County
Posts: 17,759
danb danb is offline
i pi
danb's Avatar
 
Join Date: Feb 2013
Location: Howard County
Posts: 17,759
Quote:
Originally Posted by Stoveman View Post
If I am ever elected Benevolent Dictator my first rule would be no posts on court opinions if you haven't read them.
Lol, only 3% of MDS threads would survive that rule.
danb is offline   Reply With Quote
Old April 15th, 2019, 12:51 AM #7
PowPow's Avatar
PowPow PowPow is offline
Senior Member
 
Join Date: Nov 2012
Location: Howard County
Posts: 2,178
PowPow PowPow is offline
Senior Member
PowPow's Avatar
 
Join Date: Nov 2012
Location: Howard County
Posts: 2,178
Quote:
Originally Posted by Stoveman View Post
If I am ever elected Benevolent Dictator my first rule would be no posts on court opinions if you haven't read them.
Is your anointing up for a vote? Yes! Here is my "X". lol
__________________
NRA Benefactor (Life) | SAF Patron (Life) | GOA (Life) | MSRPA (Life)
MSI | Maryland Designated Collector | Utah CCW (via Genesis Firearms)

#WeWillNotComply
PowPow is offline   Reply With Quote
Old April 15th, 2019, 01:02 AM #8
WeaponsCollector's Avatar
WeaponsCollector WeaponsCollector is offline
EXTREME GUN OWNER
 
Join Date: Mar 2009
Location: Southern MD
Posts: 11,190
Images: 52
WeaponsCollector WeaponsCollector is offline
EXTREME GUN OWNER
WeaponsCollector's Avatar
 
Join Date: Mar 2009
Location: Southern MD
Posts: 11,190
Images: 52
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.
__________________
...the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish and destructive of the good and happiness of mankind.
- MARYLAND CONSTITUTION - DECLARATION OF RIGHTS Art. 6

The Chicago police department said the best way to defend yourself from a violent attacker is to vomit on yourself. I think flinging poo could work a little better. But NOTHING beats flinging LEAD!
WeaponsCollector is offline   Reply With Quote
Old April 15th, 2019, 01:24 AM #9
j_h_smith's Avatar
j_h_smith j_h_smith is offline
Huckleberry Dillinger
 
Join Date: Jul 2007
Location: Hazzard County
Posts: 26,950
j_h_smith j_h_smith is offline
Huckleberry Dillinger
j_h_smith's Avatar
 
Join Date: Jul 2007
Location: Hazzard County
Posts: 26,950
Quote:
Originally Posted by Stoveman View Post
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....
__________________
Jim Smith

The years passed, mankind became stupider at a frightening rate. Some had high hopes the genetic engineering would correct this trend in evolution, but sadly the greatest minds and resources where focused on conquering hair loss and prolonging erections.
j_h_smith is offline   Reply With Quote
Old April 15th, 2019, 04:36 AM #10
Blacksmith101 Blacksmith101 is offline
Grumpy Old Man
 
Join Date: Jun 2012
Posts: 12,585
Blacksmith101 Blacksmith101 is offline
Grumpy Old Man
 
Join Date: Jun 2012
Posts: 12,585
Quote:
Originally Posted by j_h_smith View Post
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)".
Blacksmith101 is offline   Reply With Quote
Reply

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

Tags
here we go again, wwnc but we will count


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 -4. The time now is 03:07 AM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
© 2019, Congregate Media, LP Privacy Policy Terms of Service