Maryland Attorney General Files Stay

[PatrickMcGrady]

This was predicted-- it means that the AG is requesting to have the ruling not take effect until after the appeals process is completed.

Delegate Mike Smigiel posted the AG's request for Stay here:
http://delegatemike.com/wp-content/uploads/2012/03/Motion-for-Stay-Final-as-filed-11.pdf

Here's the post on his page:
http://delegatemike.com/?p=2973

Here's the tweet from Smigiel:
Michael Smigiel
MD AG filed a motion for stay in the Woollard case today! Go to http://t.co/ByeJtxw6 to read the op
#politics
#repubs
#cons

 

[MDFF2008]

Oh yeah; we all knew this was coming.

I'm also interested they've asked for clarification on the ruling.

 

[pcfixer]

I don't think the Stay or clarification will come soon or as fast as AG filed..
So have 30 days or so to put in application... I'm working on mine.

 

[Gray Peterson]

Interesting.

 

[drblast33]

Hopefully the right people smart enough to think.... if "nothing was broken" (in their eyes) with the concealed gun license requirements last week... why would they need to create new legislation to have additional training or anything else now that the G&S was removed from the requirements. The current requirements were good enough for "public safety" before... there should be no change now.

 

[knownalien]

gansler says a Stay would allow:

A stay would also permit the Maryland General Assembly to consider whether to
enact legislation in response to this Court’s decision that might address, in whole or in
part, the grounds on which this Court has held the law unconstitutional while providing
more protection for public safety than would a wholesale abandonment of the “good and
substantial reason” requirement for permits to wear and carry handguns.

what an ass!!

 

[pcfixer]

Hopefully the right people smart enough to think.... if "nothing was broken" (in their eyes) with the concealed gun license requirements last week... why would they need to create new legislation to have additional training or anything else now that the G&S was removed from the requirements. The current requirements were good enough for "public safety" before... there should be no change now.

I think Gansler is whining.

 

[Dogabutila]

"Well, we don't have to change anything cause you didn't tell us exactly what we had to change"

I'm giving them a slim chance of a stay, and if its granted probably via C

 

[MDFF2008]

Let me ask this; do we really want them to give us a "legislative" fix?

 

[Gray Peterson]

Let me sum up this filing:

"You didn't order us to do anything & just declaratory judgment with no order hurr hurr hurr hurr durr hurr can you stay it plzkthx because we said so?"

 

[bigred]

Is Legg the judge that will decide on the stay?

 

[GNLaFrance]

Lawyers say gun ruling likely to withstand appeal

 

[Gray Peterson]

Is Legg the judge that will decide on the stay?

Initially, yes. If they deny the stay, though, they can ask the fourth circuit motion's panel for a stay.

 

[bigred]

So if Legg says no can they still dick us around with the permit process till the fourth circuit makes up their mind?

 

[Gray Peterson]

So if Legg says no can they still dick us around with the permit process till the fourth circuit makes up their mind?

No. they are tugging the tiger by the tail doing what they are doing.

 

[hodgepodge]

The case law cited for MD's likelihood of winning is all from NJ, NY, CT and MA. What about the law in 45 other states?

 

[press1280]

They seem to be playing dumb on the G & S. It's pretty simple-if the forms are properly done and the individual is otherwise qualified, the permit gets issued, just like it's done in 40+ other states. This seems more a stall/desperation tactic than anything else.
I'm curious on the timeframe that a stay could be granted by Legg or the 4th. I'm assuming if it's going to be granted, it ought to be soon,correct? Just want to make sure I plan ahead

 

[SamW]

Why would Judge Legg grant a stay after ruling Md law unconstitional? Keeping fingers crossed.

 

[Kharn]

Entering a stay pending appeal might provide the General Assembly the
opportunity to consider enacting a statute addressing this issue without creating a void in
the statutory scheme that affects both open and concealed carry of handguns, thus
partially alleviating the circumscription of “the scope of popular governance” against
which the Fourth Circuit has cautioned.

If you believe the General Assembly will allow unlicensed OC, I've got a bridge to sell you.

 

[Skins_Brew]

If you believe the General Assembly will allow unlicensed OC, I've got a bridge to sell you.

Does it lead somewhere cool?