BUMP STOCK SUIT FILED!

[jkeys]

Has MSI asked for an emergency injunction? Given the seriousness of the accusations of this constituting a taking and making people criminals overnight, one would think that a judge would grant a temporary injunction.

 

[esqappellate]

Has MSI asked for an emergency injunction? Given the seriousness of the accusations of this constituting a taking and making people criminals overnight, one would think that a judge would grant a temporary injunction.

Stay tuned

 

[Kicken Wing]

Stay tuned

Right on! Good read. Thanks for sharing the MSI link. I am patiently waiting to see how this unfolds in Maryland. MSI made rock solid points. The powers that be in this state DO have a tendency to ignore facts and pass feel good legislation instead. Fingers crossed on this one. I want to see us gun owners win this battle.

 

[whistlersmother]

Not to be the cynic that I am, but the judges will probably declare the takings clause as unconstitutional in their effort to stamp down guns...

In any event, more power to MSI. If there are any judges left that have an ounce of integrity to their oath, this law should be struck down.

Sent from my SM-G955U using Tapatalk

 

[Abulg1972]

Stay tuned

I'm no litigator, so excuse my ignorance. Is it common for a defendant to file a 12(b)(6) motion prior to filing its answer? What was the reason the State seeking an extension - so that it could file its 12(b)(6) motion?

What kind of timeline are we looking at before we hear something from the Court about the motions?

 

[Blacksmith101]

I'm no litigator, so excuse my ignorance. Is it common for a defendant to file a 12(b)(6) motion prior to filing its answer? What was the reason the State seeking an extension - so that it could file its 12(b)(6) motion?

What kind of timeline are we looking at before we hear something from the Court about the motions?

For the non lawyers what is a 12(b)(6) motion, cliff notes version please.

 

[IronEye]

I'm not a lawyer but google says a petition to dismiss the complaint.

 

[Doctor_M]

Thank you MSI. Great work. May the force be with us.

But given that Oct is rolling in, I'll be packing up my toys to take to an undisclosed location back in America. One of the things I'll have to do is pull off a hellfire trigger that has been on an AK literally since the early 1990s. F Annapolis.

 

[DC-W]

Thank you MSI. Great work. May the force be with us.

But given that Oct is rolling in, I'll be packing up my toys to take to an undisclosed location back in America. One of the things I'll have to do is pull off a hellfire trigger that has been on an AK literally since the early 1990s. F Annapolis.

We thank you for your support.

 

[Abulg1972]

For the non lawyers what is a 12(b)(6) motion, cliff notes version please.

A motion to dismiss for failure to state a claim. It’s a reference to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

I guess it’s common for a defendant to file a motion to dismiss before filing an answer.

It is just interesting to me how the State is playing this, but that just might be because I don’t litigate and have no idea how that works. The fact that the State asked for extra time to file an answer yet was able to file a substantial motion to dismiss is interesting. IMO, the State has a snowball’s chance in Hell of having its motion to dismiss granted. MSI clearly has stated plausible claims.

 

[esqappellate]

A motion to dismiss for failure to state a claim. It’s a reference to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

I guess it’s common for a defendant to file a motion to dismiss before filing an answer.

It is just interesting to me how the State is playing this, but that just might be because I don’t litigate and have no idea how that works. The fact that the State asked for extra time to file an answer yet was able to file a substantial motion to dismiss is interesting. IMO, the State has a snowball’s chance in Hell of having its motion to dismiss granted. MSI clearly has stated plausible claims.

Right. BTW, 12(b)(6) motions may, indeed, must be filed before filing answer. Otherwise a motion is based on pleadings. The legal idea is that you should not have to answer a complaint that is legally insufficient on its face. The state almost always files such a motion, even when it doesn't have much of an argument. Getting an extension to file an answer telegraphs that they intended to file a 12(b)(6) motion. We knew that. Very common. And I hope you are right on the merits. I drafted most of that complaint on behalf of MSI in conjunction with counsel, of course. As to time frame, that is utterly up to the court.

 

[Atlasarmory]

Could those of us storing our property out of state at some point be in a position to hold the state of MD liable for the expense of transporting and storing our property to avoid prosecution during the litigation ?

 

[jkeys]

Could those of us storing our property out of state at some point be in a position to hold the state of MD liable for the expense of transporting and storing our property to avoid prosecution during the litigation ?

If so, I better go buy a house in West Virginia to store my property.

 

[Atlasarmory]

If so, I better go buy a house in West Virginia to store my property.

I was thinking storage unit, safety deposit box fees etc. But I do think my property would be more conformable with a little more leg room

 

[srephwed]

what happened to the one week extension 9 days ago?

 

[esqappellate]

what happened to the one week extension 9 days ago?

See post 350.

8/31/2018
https://www.marylandshallissue.org/j...n-takings-cas

 

[esqappellate]

TEASER:
Members should come to the meeting tomorrow in Columbia. Not only are we having elections and the seminar, but we have very interesting news about the bump stock litigation that we discuss and answer any questions.

 

[Squaregrouper]

TEASER:
Members should come to the meeting tomorrow in Columbia. Not only are we having elections and the seminar, but we have very interesting news about the bump stock litigation that we discuss and answer any questions.

I have to go to a wedding in *%$#@* Jersey.

 

[jkeys]

TEASER:
Members should come to the meeting tomorrow in Columbia. Not only are we having elections and the seminar, but we have very interesting news about the bump stock litigation that we discuss and answer any questions.

Unfortunately I have a wedding to attend tomorrow. Any chance you can share the news here tomorrow night or PM the members who can't attend?

 

[Sundazes]

Any chance you can share the news here tomorrow night or PM the members who can't attend?

2nd this.