HQL lawsuit

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  • Not_an_outlaw

    Ultimate Member
    Patriot Picket
    Jan 26, 2013
    4,679
    Prince Frederick, MD
    I don't see that praising something is going to change anything. In order to change you need to understand where the flaws are and how to craft better arguments so that you can succeed the next time. I am trying to provide people here with the understanding of where the flaws are and how to craft better arguments.

    I don't believe the is the correct venue to make suggestions for a successful suit. That place would be in the MSI boardroom. This place is full of keyboard commandos who offer opinions without have a basic understanding of the facts or law. I believe many of your points are valid, but arguing here is counterproductive. It is also the place where the enemy resides. Keep that in mind when you think you have the golden nugget or Perry Mason moment.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    Heller was NEVER about being able to obtain a permit, as a matter of fact DC didn't even issue permits of any type back in 2008. It was about being able to own a firearm in DC, period.

    One of the problems the plaintiffs ran into in Heller was standing and five of the six plaintiffs did not have standing to bring a lawsuit. The issue was registration (not permits) and you could own firearms, just not handguns in particular or at least certain handguns. DC required people to register their handgun but did not allow any more new registrations of handguns, which effectively prevented someone from owning a handgun. Heller was the only one that tried to register his handgun and failed. The others simply assumed that the restriction on registration was sufficient, which it was not.

    I don't expect that most people will understand all the issues. I don't expect lawyers to be perfect either. What I expect is that lawyers do understand and do enough that to ensure that the likely issues will be addressed. Based on my initial reading of the case, it does not appear that they really validated that every plaintiff had a reasonable expectation that they had standing.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    ... Based on my initial reading of the case, it does not appear that they really validated that every plaintiff had a reasonable expectation that they had standing.

    At one point, I think there were 5 individual plaintiffs (not including Atlantic and MSI), then 4, and now 2. Don't know what caused the attrition. I do remember threads on this forum seeking plaintiffs as well as an effort to recruit them at gun shows.

    I don't remember which firm was hired to put the case forward nor would I know their experience in this type of litigation. I bet the MSI meeting this weekend will be interesting and I'm guessing that not all information will be shared publicly (e.g. here) until there's a strategy in place. If there's an ability to add plaintiffs, might not be a bad idea. However not sure how one can get denied a permit vs indefinitely put on hold the way the application system is set up.

    Sent from my Pixel XL using Tapatalk
     

    Uncle Duke

    Ultimate Member
    MDS Supporter
    Feb 2, 2013
    11,667
    Not Far Enough from the City
    Ok. So the court has decided that Atlantic Guns indeed has standing to challenge the HQL, and by extension, Atlantic's customers have 3rd party coattails standing as well.

    Court is saying to forget continuing to challenge via the 14th Amendment angle, and the State Police live fire requirement.

    This ruling opens another round of litigation, and seems to suggest a framework for the next round, consistent with argument keeping within the context of showing how Atlantic and its customers have been harmed.

    Am I reading this at least somewhat correctly? Any idea when the next round of litigation would take place?
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,239
    Montgomery County
    So obviously I now have a moral obligation to pop into Atlantic and purchase another of their fine products.
     

    PowPow

    Where's the beef?
    Nov 22, 2012
    4,712
    Howard County
    If one plaintiff is said to have standing, and others are said to not have standing, do the ones that don't have standing get dropped from the case? I think the answer "no".
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,239
    Montgomery County
    Compared to just the number of members here it seems really weak

    Are you comparing it to an organization that YOU have launched, funded, and recruited members to join in pursuit of an issue that only a tiny number of people in the state actually understand? How many people are members of your group?
     

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