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

Join MD Shooters

Reply
 
Thread Tools Display Modes
Old May 8th, 2019, 12:25 PM #251
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,555
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,555
Quote:
Originally Posted by Assists21 View Post
Question for those who better understand the process...letís say at the end of the day all that is granted cert is the NYSRPA case, and they rule in favor of NYSRPA with the guidelines of strict scrutiny. How does this affect MD? Will the lower courts be required to revisit prior decisions (Kolbe, Woolard, etc.) or are those cases finished and new cases need to be brought before the court?


Sent from my iPhone using Tapatalk
That's a good question IF Scotus happens to deny cert to the 2nd, 3rd, and 4th circuit carry cases but still hears NYSRPA.
press1280 is offline   Reply With Quote
Old May 8th, 2019, 12:51 PM #252
krucam's Avatar
krucam krucam is offline
Senior Member
 
Join Date: Dec 2008
Location: 3rd Rock from the Sun...DFW, TX
Posts: 8,271
krucam krucam is offline
Senior Member
krucam's Avatar
 
Join Date: Dec 2008
Location: 3rd Rock from the Sun...DFW, TX
Posts: 8,271
Quote:
Originally Posted by press1280 View Post
That's a good question IF Scotus happens to deny cert to the 2nd, 3rd, and 4th circuit carry cases but still hears NYSRPA.
Another reason to grant Rogers...in addition to the possibility of NYSRPA getting mooted...
__________________
Mark C.

Dallas/Ft Worth, TX

Post McDonald Second Amendment Cases/Links HERE
krucam is offline   Reply With Quote
Old May 8th, 2019, 01:46 PM #253
danb's Avatar
danb danb is offline
dont be a dumbass
 
Join Date: Feb 2013
Location: wear a mask
Posts: 21,932
danb danb is offline
dont be a dumbass
danb's Avatar
 
Join Date: Feb 2013
Location: wear a mask
Posts: 21,932
I am pretty skeptical at this point that NYSRPA will be mooted. Everything I've read says a) the burden of proof would be on NYC; b)its very hard for a government agency or municipality to get a case mooted while at the same time claiming legality of what they were doing (which is what NYC is doing here); c)Supreme Court will look at the totality of the circumstances.

Based on everything I've read, NYC would basically have to stipulate that the prior conduct was unconstitutional, which they are not doing. Clement smartly alluded to this in his brief. Based on some precedents I've read Supreme Court could (and likely would) vacate the lower appeals court ruling. Maybe there is a bona fide question of mootness doctrine, the Supreme Court could remand with instructions for the 2nd to consider whether the case is really moot. NYC could take its stipulation, change of regulation, and mootness argument to the lower court which will suddenly make the 2nd feel justifiably burned by NYC. "So yeah now you change your mind ..."

Either way, the point will have been made and message will be received by the 2nd, and this will impact other cases. I have no doubt other cases will be granted so I am not worried about this one.

In all honestly, I am somewhat attracted to the idea of NYC going back to plead its case and tell the now-pissed-off 2nd they had a "real" change of heart and were wrong all those other times, so the case is moot.

Personally I think NYC made a dumb move here in its arrogance: cases will be granted either way. Now they damaged their own credibility with the courts.
danb is offline   Reply With Quote
Old May 8th, 2019, 06:12 PM #254
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,555
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,555
How has NYC worded the comment period announcement?

Typically when you do something like this, you tell everyone why you're looking at making changes.

They have 2 options as I see it-admit that the law is unconstitutional or tell everyone that they don't want SCOTUS to review the case.
press1280 is offline   Reply With Quote
Old May 8th, 2019, 07:30 PM #255
danb's Avatar
danb danb is offline
dont be a dumbass
 
Join Date: Feb 2013
Location: wear a mask
Posts: 21,932
danb danb is offline
dont be a dumbass
danb's Avatar
 
Join Date: Feb 2013
Location: wear a mask
Posts: 21,932
Quote:
Originally Posted by press1280 View Post
How has NYC worded the comment period announcement?

Typically when you do something like this, you tell everyone why you're looking at making changes.

They have 2 options as I see it-admit that the law is unconstitutional or tell everyone that they don't want SCOTUS to review the case.
Posted in the other thread.

Quote:
Originally Posted by krucam View Post
NYCís Public comment period for proposed changes to the Transport Law...yeah, they WILL CERTAINLY continue in their attempt to moot the case...

https://rules.cityofnewyork.us/conte...-license-rules
They went with door #2, tell everyone they dont want SCOTUS review.
danb is offline   Reply With Quote
Old May 9th, 2019, 07:32 PM #256
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,555
press1280 press1280 is offline
Senior Member
 
Join Date: Jun 2010
Location: WV
Posts: 4,555
Quote:
Originally Posted by danb View Post
Posted in the other thread.



They went with door #2, tell everyone they dont want SCOTUS review.
Indeed they did. That alone should ensure they cannot moot this case.
press1280 is offline   Reply With Quote
Old May 21st, 2019, 12:46 PM #257
danb's Avatar
danb danb is offline
dont be a dumbass
 
Join Date: Feb 2013
Location: wear a mask
Posts: 21,932
danb danb is offline
dont be a dumbass
danb's Avatar
 
Join Date: Feb 2013
Location: wear a mask
Posts: 21,932




The waiting is the hardest part.

T-7 days.
danb is offline   Reply With Quote
Old May 21st, 2019, 03:07 PM #258
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,969
Kharn Kharn is offline
Senior Member
 
Join Date: Mar 2008
Location: Hazzard County
Posts: 2,969
Conference on 6/6, what happens in 7 days?
Kharn is offline   Reply With Quote
Old May 21st, 2019, 03:10 PM #259
Inigoes's Avatar
Inigoes Inigoes is offline
Head'n for the hills
 
Join Date: Dec 2008
Location: SoMD / West PA
Posts: 40,184
Inigoes Inigoes is offline
Head'n for the hills
Inigoes's Avatar
 
Join Date: Dec 2008
Location: SoMD / West PA
Posts: 40,184
Quote:
Originally Posted by Kharn View Post
Conference on 6/6, what happens in 7 days?
The conference for the other NY case, NYC transportation?
__________________
Life is tough, life is tougher when you are stupid.
Inigoes is offline   Reply With Quote
Old May 21st, 2019, 03:28 PM #260
danb's Avatar
danb danb is offline
dont be a dumbass
 
Join Date: Feb 2013
Location: wear a mask
Posts: 21,932
danb danb is offline
dont be a dumbass
danb's Avatar
 
Join Date: Feb 2013
Location: wear a mask
Posts: 21,932
The NJ (Rogers v Grewal) conference happens on 5/23, but we find out the result (order list) on the following tuesday (due to Memorial day). Between 5/24 and when the order list is released we are in a kind of Schroedingers cat situation.
danb is offline   Reply With Quote
Reply

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


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 11:13 PM.


Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
© 2019, Congregate Media, LP Privacy Policy Terms of Service