New Maryland Wear and Carry Lawsuit

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  • press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Thanks guys. The wheels of justice turn slowly.

    It should theoretically turn pretty fast in this case. The district court and 3 judge panel are bound by precedent.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Dismissed by Judge Hollander on 10/15/18
     

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    Meho1277

    Member
    Oct 18, 2018
    31
    Are we speaking of woolard or malpasso, because I thought malpasso was already in 4th circuit of appeals. Originally assigned to judge garbis and reassigned to hollander when he retired.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    Are we speaking of woolard or malpasso, because I thought malpasso was already in 4th circuit of appeals. Originally assigned to judge garbis and reassigned to hollander when he retired.

    Malpasso is likely headed for 4CA now. Garbis was and Hollander is a Federal District Court Judge.
     

    Meho1277

    Member
    Oct 18, 2018
    31
    Gotcha! Thank you for clarification, I was feeling very disappointed and beat, but now, I am re-energized with hope, I have DC and VA permits, and would just be a shame to not have one where i live and spend most of my life....Maryland.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    This may be the case that SCOTUS may finallly grant CERT for. How fitting it would be to have this case be the one that buried May Issue forever.

    One can hope
     

    OnTarget

    Ultimate Member
    Mar 29, 2009
    3,154
    WV
    Your dues goes to NRA, not NRA-ILA, so they don't fund any lawsuits.

    If your donations are specifically to NRA-ILA, then they go to fund the lawsuits, if not, then no they don't.

    If you want to support NRA-ILA lawsuits the donations need to be made specifically to NRA-ILA.

    :thumbsup:
     

    j26sub

    Active Member
    May 8, 2018
    359
    Just out walking with wife and 3 y-o daughter at the local resevoir. A guy on an ATV drives by a few times, and I'm nervous because all I have is a pocket knife. Granted, I could do some damage with it, but I shouldn't have to live like this...Fingers crossed for cert in the near future!
     

    daNattyFatty

    Ultimate Member
    Aug 27, 2009
    3,908
    Bel Air, MD
    How long until the next step in the process happens?



    We appeal. State probably moves to dismiss. There’s a hearing on that a couple months down the line. Probably get denied. Trial date set and discovery period begins. Months later, trial happens. Judge takes however long they want to rule.


    Sent from my iPhone using Tapatalk Pro
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    The Judge is actually a 3 Judge panel at the 4 CA. Either side can then request an en banc rehearing of the entire court. (18 Judges)

    En banc requests are not automatically granted

    Usually it's the loser who requests En banc.


    After that process, the loser can then apply for CERT from SCOTUS.

    That is not automatic either. Takes 4 Justices to vote for CERT. Previously the SCOTUS wasn't interested in 2A cases, for whatever reason. They don't say why they reject CERT petitions..

    We'll see if the addition of Kavanaugh changes the outcome.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    How long until the next step in the process happens?

    The appeal needs to be filed within 30 days of judgment (15 Oct) for this case.

    We appeal. State probably moves to dismiss. There’s a hearing on that a couple months down the line. Probably get denied. Trial date set and discovery period begins. Months later, trial happens. Judge takes however long they want to rule.


    Sent from my iPhone using Tapatalk Pro

    There was no hearing at the district level and there may not be one at the appellate level. There is no dispute about 4th circuit precedent, they need either an en banc or SCOTUS to overrule. There is no discovery at the appellate level either. It will likely take 4-6 months for the 4th circuit to rule.

    The Judge is actually a 3 Judge panel at the 4 CA. Either side can then request an en banc rehearing of the entire court. (18 Judges)

    En banc requests are not automatically granted

    Usually it's the loser who requests En banc.


    After that process, the loser can then apply for CERT from SCOTUS.

    That is not automatic either. Takes 4 Justices to vote for CERT. Previously the SCOTUS wasn't interested in 2A cases, for whatever reason. They don't say why they reject CERT petitions..

    We'll see if the addition of Kavanaugh changes the outcome.

    The 4th Circuit has 15 active judges, the 3 senior (retired) judges do not sit for the en banc.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    I don't think the makeup of the court matters, as they have ruled on G&S in Woollard.

    They're not going to change their minds.

    Deny the appeal so we can file for CERT.
     

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