MD to sue over new gun bill

[OnTarget]

It'll take years. I'd go Referendum myself.

 

[fabsroman]

This is the problem; The voters already decided when they voted for the idiots in charge now!

The voters can also decide to change the Constitution. Good thing the rest of the nation isn't like Maryland yet, but the cancer will eventually get there too.

 

[grayson71]

So, would they press for an injunction against the law? I am no lawyer by any means, so I am trying to wrap my head around this. If we take this to referendum, it wold prevent the law from going into effect until the election in 2014 correct?

if we challenge it in the courts, we would have to be granted an injunction against the law, otherwise we are still screwed and have to follow this law for years until we get a decision one way or the other, right?

thanks for helping to clarify this for me

 

[ShallNotInfringe]

So, would they press for an injunction against the law? I am no lawyer by any means, so I am trying to wrap my head around this. If we take this to referendum, it wold prevent the law from going into effect until the election in 2014 correct?

if we challenge it in the courts, we would have to be granted an injunction against the law, otherwise we are still screwed and have to follow this law for years until we get a decision one way or the other, right?

thanks for helping to clarify this for me

Yup. And yup.

*** Bombing - bomber blamed. Shooting - gun blamed. Benghazi - nobody blamed. ***

 

[grayson71]

Yup. And yup.

*** Bombing - bomber blamed. Shooting - gun blamed. Benghazi - nobody blamed. ***

Thanks, so how sure are we that the courts would grant an injunction?

 

[occbrian]

We aren't doing this for an injunction. Personal opinion- no injunction will be granted. Again, we are trying to defeat the legislation NOT postpone it.

 

[JAY1234]

Glad I didn't pay to attend the event at Blob's Park because this isn't the way I feel about the issue. If this is really how we think the majority of this state's citizens feel about SB281, it just isn't worth staying here.

Instead of taking two bites at the apple and trusting out fellow Marylanders on this subject, we are trusting it completely to the Courts.

Thing is, what IF the Courts uphold this BS? I don't want to come back and say "I told you so", but guess how the Maryland politicians are going to feel about gun control after that? Hopefully, we have some effect at the voting booth in 2014.

Would love to hear the "Big Boys" come up with a plan for the 2014 election because I am guessing this issue will not be before SCOTUS until well after that. Just look at how long Woolard is taking, and how long Heller took.

The news on this issue just gets worse and worse in my eyes. Time to take out a home equity line for more guns, or just sell the house and move.

I received an email from MSI this morning addressing why they don't recommend a referendum. The Democrats outnumber the republicans in this state. If the referendum was voted down by the anti-gunners in Maryland and then a court challenge was initiated, the court would most assuredly use the referendum as a tool to rule on the law suit. It makes sense to me. Of course, everyone is entitled to their own opinion.

 

[grayson71]

We aren't doing this for an injunction. Personal opinion- no injunction will be granted. Again, we are trying to defeat the legislation NOT postpone it.

I get that, i understand we are trying to defeat this bill, not postpone it, my fear is that we will be under this law for years before a decision is made, by that time, there won't be enough of us left for it to matter. An injunction would at least allow us to continue to purchase without the draconian requirements the State has put on us in sb281.

My question was how likely that would be, I agree, given the courts in maryland, we probably wont get it

 

[mdshooter9090]

This is the problem; The voters already decided when they voted for the idiots in charge now!

That's right.

Just like Obama voters.

Obamacare- affordable healthcare act; $2,500 increase in premiums, 30 hours a week for work; it will kill your old parents, ...

Food Safety Moderization Act - expensive food

But they'll continue to vote against 2A; all these Shooters will either leave the State, or will change Sport. They'll be fishing or golfing in 5 years when the guns are taken.

 

[Snav]

Unfortunately, for some, they can't escape this trampling of rights.

 

[trickg]

Put my name and a check mark next to the column that thinks that referendum on this issue is a bad idea. I think we can win it in the courts.

 

[BenL]

I'd much rather take our chances in court than with a referendum.

^
This.

 

[Merlin]

I get that, i understand we are trying to defeat this bill, not postpone it, my fear is that we will be under this law for years before a decision is made, by that time, there won't be enough of us left for it to matter. An injunction would at least allow us to continue to purchase without the draconian requirements the State has put on us in sb281.

My question was how likely that would be, I agree, given the courts in maryland, we probably wont get it

That's the system. It takes forever. But where is everyone going?

 

[trickg]

That's the system. It takes forever. But where is everyone going?

Hopefully out of the state - I'd like to be out within 5 years if possible.

 

[Dizzy]

The court injunction will be going through Federal court. It will raise enough Constitutional concerns to pass muster in Federal Court. At the VERY LEAST, the Judge will give time to MD to submit a brief on why he/she shouldn't grant the injunction now and wait for the rest of the Federal Court Judges to hear the case (similar to New York). I know that Gura and the NRA are planning to file a lawsuit along with an injunction. Whether they will be working together on this is currently unknown.

Another attorney and I are also planning to file an injunction and challenge if the "Big Boys" don't do anything. NRA says they will challenge in Federal Court so that would include an injunction as well. If they file, we won't file ours; there would be no point since the court will probably consolidate our case with the NRA's and we would end up duplicating efforts for no real gain.

 

[Right2Carry]

"the National Rifle Association will lead the overall legal effort against the measure that was proposed in January by Gov. Martin O’Malley"

Looks like the big boys are getting ready for a fight. I'm so glad to see that we are on their radar, and they will be coming in to help.

I'm glad my donations are paying off.

 

[iggy]

personally i think the refferendum would help in one way, it would postpone the effective date of the law so that we have extra time to prepare. I am sure the MSP will find another way to screw us, but we would have another year to make purchases that will be banned

 

[Merlin]

Hopefully out of the state - I'd like to be out within 5 years if possible.

So to be clear, you have so little ties here in MD that you can move your family to another state because you do not like the outcome of the most recent gun Bill. And rather leave instead of stay to help us fight these bastards? Just asking.

I do not like the outcome either, but I want to stay in their face and fight them. Not male things easier for them by leaving.

 

[EL1227]

Good. IMO it's referendum is not our friend.

Can't do both at the same time. The referendum would delay the bill becoming law until after the 2014 general election. The lawsuit can't start until the bill becomes law.

As experience has show in last year's failed referendums, given MD's Progressive/Liberal-dominated voter base, and the fact that the petitioners don't control the twisted wording of the final referendum ballot question, the chances of passage is nil. Couple THAT outcome with the delay caused in being able to challenge SB281 law legally until after referendum, means that the legal case will be measurably more difficult and expensive, if not impossible to win.

Striking while the iron is hot, to borrow a oft-used tactic of the left, is our best action by challenging it in the courts. And, given the recent failings of gun-control in Congress would be the best tactic for MD, as well as other states where draconian laws have been passed.

Stand behind MSI on this.

 

[Brooklyn]

We aren't doing this for an injunction. Personal opinion- no injunction will be granted. Again, we are trying to defeat the legislation NOT postpone it.

SOP to ask for an injunction while case pending. Per Heller and standing president its is easy to show harm.

If injunction not granted it would mean that the court does not think we will prevail in the end. If true then injunction is the least of our issues.



IANAL