CA4 Issues Stay, Expedites Appeal

[MDFF2008]

the fact that they don't want you to have a permit

And who makes those calls? 100 State St Annapolis MD

 

[cantonglocker]

And who makes those calls? 100 State St Annapolis MD

ALL of them need to be replaced

 

[07g35xnick]

Can't believe I just bought a house in md, what was I thinking

 

[brad20670]

Agreed It was allowed when we sent ours in...

What are the damages due to those who applied and were denied when the G&S reason is found unconstitutional? Does the state just get away with it or is there a penalty to be paid? Can I lock up someone in my basement for years, then have a court tell me I am wrong and walk away? NO! This is complete bullsh*t. Is this our system? Yes. Is it fair? NO!

 

[ron2shel]

balls

 

[eruby]

balls

Bats.

Welcom aboard ron2shel!

Go to the introductions forum and post up.

 

[Sportstud4891]

Maryland SUCKS SO BAD. What is wrong with this effing piece of shit state?

Rhetorical, I'm hoping, cuz that list will take up some bandwidth. But beyond that, I blame most of it on transplants from other areas.

 

[sgt23preston]

Obamma appointees?

Worse...OweMalley Appointees (GRIN)...

 

[Patrick]

OK, this sucks. It was always a possibility.

MSP is not sure what they are going to do with these apps, but they might come back and ask you for G&S and then deny if you cannot provide. This would be decided by the brass. Trust me when I say maintaining those apps is our #1 priority right now. More later.

Also, the application clinics are off right now. We've been working the special session and our latest indication is nothing 2A related is going to come up - Miller wants a clean slate and it is recognized that anything anti-2A would gum up the works. And trust me when I say we would gum it up bad.

More later.

 

[jonnyl]

So, as much as people complain about "slow" - "fast" doesn't seem to be so hot...

Anyway, now that I'm starting to get over the initial shock, I don't think this is a bad sign. No matter how obvious "shall not be infringed" is to us, to much of the rest of the country it's a balancing act. I think Gura was 100% right that the SCOTUS left signposts that 2A extends outside the home, and that there is equality between "keep" and "bear".

But forcing a state to start giving out permits while waiting on an upcoming appeal would be a pretty big effing deal.

They clearly didn't make their decision based on the 4 part test, but whether we call it a "punt" or say "they didn't do their job" may be an over simplification.

I think it much more likely that they said, "hey, this is a pretty important case let's not screw around so we'll expedite it, but in the mean time let's just keep things as they are for a couple months"

I don't agree with the decision, and don't like it at all. But, I'm not ready to claim that three Federal Judges just tossed it aside with utter disregard for us peasants.

 

[esqappellate]

balls

General McAuliffe uttered his famous one word response: “Nuts!” When the German negotiator asked for a clarification, not understanding what the word meant, the American offered a more blunt translation: “Go to hell!”

 

[Merlin]

So they don't have to justify why they granted a stay? They can just grant the stay and that's it?

I guess when your the AG you don't have to work that hard on your briefs because it seems when good briefs are presented it means very little.

 

[Merlin]

So, as much as people complain about "slow" - "fast" doesn't seem to be so hot...

Anyway, now that I'm starting to get over the initial shock, I don't think this is a bad sign. No matter how obvious "shall not be infringed" is to us, to much of the rest of the country it's a balancing act. I think Gura was 100% right that the SCOTUS left signposts that 2A extends outside the home, and that there is equality between "keep" and "bear".

But forcing a state to start giving out permits while waiting on an upcoming appeal would be a pretty big effing deal.

They clearly didn't make their decision based on the 4 part test, but whether we call it a "punt" or say "they didn't do their job" may be an over simplification.

I think it much more likely that they said, "hey, this is a pretty important case let's not screw around so we'll expedite it, but in the mean time let's just keep things as they are for a couple months"

I don't agree with the decision, and don't like it at all. But, I'm not ready to claim that three Federal Judges just tossed it aside with utter disregard for us peasants.

It can't be considered a good sign.

 

[dlmcbm]

Also, the application clinics are off right now. We've been working the special session and our latest indication is nothing 2A related is going to come up - Miller wants a clean slate and it is recognized that anything anti-2A would gum up the works. And trust me when I say we would gum it up bad.

More later.

Can we have a simple pro-2A come up that would clear all this mess?

 

[P-12 Norm]

An expedited appeal is a big deal. It means you get to jump in front of the line for oral argument and for resolution. Highly unusual to get an oral argument date before all the briefs are filed. And yes, they can issue a one-line order like this. Not uncommon. By expediting it, they recognize the importance of the case and seek to minimize the length of time the stay pending appeal is in place.

I read Gura's brief, and because they issued their own stay, doesn't that create an "injury" of some sort as he said, in regards to the average citizen and their rights? Even 90 days is 90 days with injury to our Constitutional Freedoms.

Can we as citizens sue the 4th Circus?

 

[tomh]

Son of a Biscuit!
So much for my birthday present.
Son of a Biscuit!
Son of a Biscuit!

Helluva present isn't it!

It's my birthday too, and now it sucks!

 

[Patrick]

I cannot talk details right now, but we're working the existing permits hard.

Trust me when I say #1 is those permits.

 

[esqappellate]

I read Gura's brief, and because they issued their own stay, doesn't that create an "injury" of some sort as he said, in regards to the average citizen and their rights? Even 90 days is 90 days with injury to our Constitutional Freedoms.

Can we as citizens sue the 4th Circus?

No,

 

[Biggfoot44]

Anyone still not believe that MSP's new *cooperation* wasn't a setup to give them political cover to dump 1,365 applications now ( Del Smiel's numbers) instead of having to wait any longer ?

Meanwhile States motion doesn't even address the point needed for a Stay. All of their lame rehash of irrelevant whining is 100% blown out of the water. Yet the State prevails within hours. Can the Motion Panel even keep a strieght face ? Can the CA4 maintain an apearence of Judicial Intregrety ?

 

[eyesinpines]

Look, guys. This is cutting edge stuff and we are in the big leagues of civil rights litigation where things move slowly and where success is never guaranteed. The stay is disappointing for sure (I'm probably in the first 365 so I am definitely disappointed!), but the merits is what is important. The stay is small potatoes in comparison. Six months from now, NO ONE will care about this stay if we win in the CA4. Similarly, no one will care about the stay if we lose on the merits in the CA4. If the stay had not issued and we lost on the merits we would all be getting notices to return our revoked permits after a mere 6 months or so of having them. In less than 3 months we will have argument in the 4th Circuit, on a schedule established before the last brief was filed. That's fast, much faster than what poor Mr. Heller had to go through in DC. So buck up. I am planning on going to Richmond for the argument. This will be interesting.

With great respect to you and your unchallenged expertise, it's clear to me that our hopes and expectations are little more than mental masturbation.
I do believe that you [or maybe someone else] laid out the specific criteria that the state would have to meet in order to have the stay granted.
Obviously none of that was considered, and none mattered one iota.

This was solely a political decision made by lackies of the system placating the desire of the state. No other explanation is credible given the "super warp" speed and lack of explanation from the court.

I feel like a kid trying to play a game but the ball and all the equipment is owned by a total ******* who wants his own way or he picks up his stuff.

Sorry, we're on a fools errand....unless you're young enough to wait for the second coming!
Someone once said you can't fight City Hall. In this instance that has proven to be the case. I know this is not a final outcome, however it sure gives a good indication of what that is most likely to be.