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  • Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    We just got out of the courtroom on the fifth floor of the federal building just a little while ago.

    The longer it went on it seemed, to our side, that it resembled the Theater of the Absurd. On its face our case is so compelling that of course we expect the judge to be up there shaking his head in wonderment at the revelations provided by the Maryland Shall Issue legal team.

    But instead the judge, who is a classic old-school government loving fuddy-duddy seem to be collecting a nickel for every time he used the word commonsense or the word obvious. His comments from the bench indicated his sense that ENFORCED training was something that was an "obvious" good thing and commonsensical.

    Where our side made headway--where we actually got the judge to look somewhat startled--was him hearing that there are no gun ranges in Baltimore and that even the active discharging a firearm within the city limits of Baltimore is illegal. The HQL, surprise!, is unobtainable in Maryland's largest metropolis.

    As much as I expected that this demand to go forward with discovery and to a trial, would ellicit from the judge a decision right there and then that MSI could go forward....nope, he announced it he was taking everything under advisement

    More later, after we all exit this urban jungle.
     

    Gambler

    ¿Got Freedom?
    Oct 30, 2011
    3,476
    Parkville
    We just got out of the courtroom on the fifth floor of the federal building just a little while ago.

    The longer it went on it seemed, to our side, that it resembled the Theater of the Absurd. On its face our case is so compelling that of course we expect the judge to be up there shaking his head in wonderment at the revelations provided by the Maryland Shall Issue legal team.

    But instead the judge, who is a classic old-school government loving fuddy-duddy seem to be collecting a nickel for every time he used the word commonsense or the word obvious. His comments from the bench indicated his sense that ENFORCED training was something that was an "obvious" good thing and commonsensical.

    Where our side made headway--where we actually got the judge to look somewhat startled--was him hearing that there are no gun ranges in Baltimore and that even the active discharging a firearm within the city limits of Baltimore is illegal. The HQL, surprise!, is unobtainable in Maryland's largest metropolis.

    As much as I expected that this demand to go forward with discovery and to a trial, would ellicit from the judge a decision right there and then that MSI could go forward....nope, he announced it he was taking everything under advisement

    More later, after we all exit this just urban jungle.

    Thanks for the update!
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    I wish I could say I'm surprised, but I'm not. I just hope and pray that this judge doesn't just take the party line and rule accordingly.

    If you had to put odds on our chances, what do you think they would be?
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    I wish I could say I'm surprised, but I'm not. I just hope and pray that this judge doesn't just take the party line and rule accordingly.

    If you had to put odds on our chances, what do you think they would be?

    If he has any integrity, the judge will let the case proceed. I suspect he will hem and haw and even apologize for what he's doing but he will let the case move forward
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    If he has any integrity, the judge will let the case proceed. I suspect he will hem and haw and even apologize for what he's doing but he will let the case move forward

    I hope you are correct. I really do. However, I'm a bit less optimistic than you. I'm sure he's talking to his political handlers right now, trying to come up with something that will allow him to knock down this law suit.

    I'll keep my fingers crossed!
     

    Rack&Roll

    R.I.P
    Patriot Picket
    Jan 23, 2013
    22,304
    Bunkerville, MD
    I understand the pessimism.

    One person I talked to said the fact that the Judge took the case "under advisement", rather than ruling right there from the bench, is a signal that the judge is biased toward The State and needs time to research a rejection of MSI's substantial arguments.
     

    boothdoc

    Ultimate Member
    MDS Supporter
    Mar 23, 2008
    5,134
    Frederick county
    RR that is exactly what is sounds like to me. They have t go and dig up some long forgotten crap and say because of the precedence set is 1903 is this case we deny the case moving forward. Blah blah
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    I understand the pessimism.

    One person I talked to said the fact that the Judge took the case "under advisement", rather than ruling right there from the bench, is a signal that the judge is biased toward The State and needs time to research a rejection of MSI's substantial arguments.

    Guys: We had one objective and only objective for this hearing: Let the case proceed to discovery. We did not ask for (nor could we) any ruling on the merits. At the end of the hearing, Judge Garbis asked the parties how much time was needed for discovery. We said 6-9 months and the State said 9 months and the judge seemed satisfied with those responses. That's an obvious good sign. If Judge Garbis simply puts off the motion to dismiss and allows discovery, that's a WIN. The next step will then be an agreed upon discovery schedule and then cross motions for summary judgment based on the evidence abduced in the discovery process. That result would moot the State's motion to dismiss. This is how motions practice litigation works in district court. There is no reason for people to be pessimistic. BTW, this a good judge and he asked good questions of counsel. Our counsel did an excellent job at answering and guiding the judge to our desired result. The dialogue between the court and counsel is precisely what the hearing was about. Judge Garbis listened carefully and was not predisposed. I am always happy when that happens in a courtroom. It is not reasonable for judges to know everything about a case at this stage. Federal district court judges are busy people.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,987
    I'm not pessimistic, but I am getting older, day by day, while the courts progress year by year. One can hope that the two trendlines will cross before my big dirt nap.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    I'm not pessimistic, but I am getting older, day by day, while the courts progress year by year. One can hope that the two trendlines will cross before my big dirt nap.

    Amen to that! I'm no spring chicken either.
     

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