BREAKING NEWS: GANSLER ASKS 4TH CIRCUIT FOR STAY

[capman98]

I kind of expected that peoples tempers would be flairing about this time in this whole process. The combination of want, denial, and waiting can really wear on your patience. There is nothing wrong with having a "discusion" with someone of the opposite opinion. But, remember that ANYONE can get on this forum and read our posts. The anti's are always looking for demonstrations of people who want to carry a gun acting like uncontrolable children, lets try not to hand them the examples in a gift basket. Just my 2cents.

BTW my app is filled out and making appt with a livescan for the begining of next week.....

 

[dlmcbm]

We are so close that we can taste it. If this stay gets denied then I believe that we are golden for at least a few months. I just hope our tongues don't get ripped out.

 

[teratos]

We are so close that we can taste it. If this stay gets denied then I believe that we are golden for at least a few months. I just hope our tongues don't get ripped out.

If the stay gets denied, I don't think that says much about the strength of the State's case.

 

[BenL]

To those in the know, do you think we'll have an answer by the 7th? Would CA4 take the lift date as a deadline, or just rule on the stay when they're good and ready?

 

[HoCoShooter]

If the stay gets denied, I don't think that says much about the strength of the State's case.

Right- as others have said, it's hard to imagine almost anyone siding with the State after reading both briefs.

If they do lose, there is going to be the need for LOTS of pressure on the General Assembly in 2013 and beyond as they swarm to protect their liberal hive.

 

[Boondock Saint]

To those in the know, do you think we'll have an answer by the 7th? Would CA4 take the lift date as a deadline, or just rule on the stay when they're good and ready?

Given the accelerated briefing schedule, CA4 certainly appears to be setting themselves up to rule before the order lifting the temporary stay takes effect. It's just a guess on my part, but that's how it appears to me. It's entirely possible that they go longer than the 7th if they aren't prepared to rule, however.

 

[Squaredout]

Question, if the CA4 is not prepared to rule by the 7th do you think all application postmarked on that date will be reviewed with no G&S? Or if they rule on the say 15 what would happen to all apps received prior too?

 

[Kingjamez]

MSI and MSP have been pretty clear that apps sent in this time round will either be approved or denied, no limbo cases for perfectly postmarked apps.

-Jim

 

[Squaredout]

MSI and MSP have been pretty clear that apps sent in this time round will either be approved or denied, no limbo cases for perfectly postmarked apps.

-Jim

I edited my post. I was trying to get an idea of what would happen if the CA4 is not prepared to rule by the 7th but ruled on the 15th what would happen to the apps sent in prior to the 15th. sorry I was not clear.

 

[Samuel]

Nothing for public consumption just yet. We expect some news on this, hopefully within a few days.

A friend of mine with a guard permit said he spoke to someone in MSP who said current holders of restricted permits who applied pre-stay for an unrestricted permit would not have to have their background checks redone. The permits would simply be issued straight away when the stay is lifted.

Now, thats hearsay coming from me and I hope I did a fair job of conveying what was said to me but there ya go. I believe Boondock tipped his hand a bit there.

 

[Boondock Saint]

A friend of mine with a guard permit said he spoke to someone in MSP who said current holders of restricted permits who applied pre-stay would not have to have their background checks redone. The permits would simply be issued straight away when the stay is lifted.

Now, thats hearsay coming from me and I hope I did a fair job of conveying what was said to me but there ya go. I believe Boondock tipped his hand a bit there.

I tipped nothing. I said that we expected some news in a few days. Could be good, could be bad, could be indifferent.

 

[Samuel]

Sure, but I do now believe that to be the topic.

 

[Squaredout]

I tipped nothing. I said that we expected some news in a few days. Could be good, could be bad, could be indifferent.

LOL...I like this guy

 

[esqappellate]

I have a question.

We debated ad nauseum about why it took Judge Legg so long to decide whether or not to lift the stay. Many [myself included] were perplexed why it took "forever", and of course our legal experts explained many times why "forever" actually wasn't.

My question therefore is should we expect a similar "forever" for CA4 to decide upon the stay, or to expect a magical sprinkling of pixie dust to provide a decision by August 8th?

It certainly seems ridiculous to think we could have a stay decision by CA4 within 7 days, given how reasonable were Judge Leggs very lenghty deliberations!

A decision by the CA4 by Aug. 7 is most certainly a possibility, especially since they shortened so radically Gura's time to respond to the stay motion. The odds of getting a decision by then are actually pretty good.

 

[Squaredout]

A decision by the CA4 by Aug. 7 is most certainly a possibility, especially since they shortened so radically Gura's time to respond to the stay motion. The odds of getting a decision by then are actually pretty good.

After reading the response I can’t see them issuing a new stay.

 

[esqappellate]

The "stay" panel and the "merits" panel are 2 different groups of judges empaneled to hear the 2 parts of the litigation. The actual appeal and the stay are separate hearings

ESQ and Patrick, how'd I do?

Pretty well. The merits panel isn't selected until all the briefs are in (and the state still has its reply to file). The stay motion goes to a standing "motions" panel which is separately randomly selected. There may or may not be any overlap between the two panels. If there is, it will be by chance.

 

[esqappellate]

I edited my post. I was trying to get an idea of what would happen if the CA4 is not prepared to rule by the 7th but ruled on the 15th what would happen to the apps sent in prior to the 15th. sorry I was not clear.

Short answer is that it is up the MSP. Apps will be adjudicated by reference to the law in effect at the time of the decision, NOT when they were filed or received. The MSP voluntarily held onto the March apps filed pre-stay and elected not to decide. Everything after the march stay was returned. Patrick has already indicated that the MSP will cash the checks on all new apps received and if G&S is still in effect because of a stay, then the permit will be simply denied.

 

[Broadside]

I edited my post. I was trying to get an idea of what would happen if the CA4 is not prepared to rule by the 7th but ruled on the 15th what would happen to the apps sent in prior to the 15th. sorry I was not clear.

It depends on whether CA4 issues a new stay or not. If they denied the states motion for stay on the 15th, then nothing would be different from the 8th. The MSP would be legally required to issue permits without applying the G&S standard.

If they were to grant a stay on the 15th, then any permits issued between the 8th and the 15th that did not include G&S would be revoked.

This is just speculation on my part, but I think if they are going to issue a stay, the will do it on or before the 7th. If they are inclined not to issue a stay, then they will do nothing before the 7th and take their time in issuing their opinion denying the stay.

A stay will maintain the status quo. Not issuing a stay changes it. There is less resistance in issuing the stay then in not issuing it.

 

[esqappellate]

If the stay gets denied, I don't think that says much about the strength of the State's case.

Depends. It might, especially if the panel went off on the likelihood of success (one of the 4 elements). Let's see what they say.

 

[mckraut]

I love that people are asking for definitive answers to questions that we can only speculate about. "Should I apply now?" "How 'bout now?" "Will the stay be denied?"

Shut up, sit back, pay attention and wait it out like everyone else.