Montgomery County Bill 21-22

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  • teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    Yes there is, but Bruen only ruled on G&S, not sensitive places. While the ruling touched on what or may not be considered sensitive places, the Bruen decision did define them nor rule on them. Hence the new laws by states trying to see what is/is not a sensitive place. Welcome to what could be considered Bruen 2 lawsuits.
    Thomas did show his jar of lube, though…
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,493
    Carroll County!
    The counselor for the MGA advises if they can legally pass a bill based on Maryland law. They do not advise on the legality of such laws when it comes to the US Constitution. In reality, the MGA can pass anything they want unless the Maryland Constitution prohibited such law.
     

    jmcgonig

    Active Member
    Jan 18, 2012
    544
    Germantown, MD
    Freaking 55 days... I assume since its so unimportant to them that a TRO/Injunction is not coming... If that's the case, what's the next step/timelines for a legal newbie?
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    5,078
    Capital Region
    Freaking 55 days... I assume since its so unimportant to them that a TRO/Injunction is not coming... If that's the case, what's the next step/timelines for a legal newbie?
    The 55 days has been "in total" and it's a disgrace something urgent can go on for this long.

    However, MoCo's due by date for its response to MSI's TRO request was 12/31/2022. Then you factor in MSI's due by date of 1/9/2023 for its response to that MoCo filing.

    So it's been about two weeks since all the filings were locked in for the Judge's review and opinion.... Two weeks too long IMHO.

    The Judge is probably doing pilates for all the contortions he'll be making to side with MoCo.
     

    LuckyShot

    Pissing off Liberals
    Apr 13, 2010
    527
    on 270
    The 55 days has been "in total" and it's a disgrace something urgent can go on for this long.

    However, MoCo's due by date for its response to MSI's TRO request was 12/31/2022. Then you factor in MSI's due by date of 1/9/2023 for its response to that MoCo filing.

    So it's been about two weeks since all the filings were locked in for the Judge's review and opinion.... Two weeks too long IMHO.

    The Judge is probably doing pilates for all the contortions he'll be making to side with MoCo.
    Hes waiting for Elrich to see his shadow for 6 more weeks of 2a infringements.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,164
    Anne Arundel County
    The longer this goes on, the more optimistic I'm getting. It's clear the court is highly prejudiced to reject any challenge to the law, but the longer it takes for a decision, the less likely it is that the judge, his staff, or the Everytown lawyers whispering in his ear, have been able to find precedent and/or articulate a justification for a denial that would hold up anywhere other than 2CA which apparently doesn't feel a need for justification for infringements.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,164
    Anne Arundel County
    Marks response quoted. dated 9 Jan 23
    Everytown’s Motion for leave to file an amicus brief should be denied.

    So as of today 2 weeks ago.
    Wow, I'd forgotten about the amicus issue. I guess the judge needs to read Everytown's submission 6 or 7 times and take notes before he can decide that the Court can't accept it.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,728
    Okay, so if the AG and MDGA say the law or bill is unenforceable, then we win right?
    No. A judge still has to determine that. That is the point of the judicial branch.

    The legislature could pass a law saying that YOUR property is confiscated plus you aren't allowed to say anything about it, and PS National Guard troops get to sleep in your home while they are doing it.

    Obviously unconstitutional on so many levels. But guess what, they can do that. The AG and MGA legal counsel can tell them "look, this is just so wrong and will get slapped down in a heartbeat". And MGA legislature can still say "I don't care, we don't like Coinboy" and if they have the votes to override the governors veto? It is becoming law. It'll take someone with standing (likely either you, or if so egregious the MD AG, NG commander, governor themself, etc. might attempt to step in) will have to file suit for a judge to rule that it is patently unconstitutional.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan
    Case 8:21-cv-01736-TDC Document 64 Filed 01/10/23

    REPLY OF EVERYTOWN FOR GUN SAFETY TO PLAINTIFFS’ OPPOSITION TO MOTION FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF DEFENDANT

    ). Indeed, Plaintiffs have it exactly backwards.
    Respectfully submitted, /s/ Barry J. Pollack Barry J. Pollack

    Between county Lawyers and this guy... They have No Respect. Called Plaintiffs (Mark) everything but blatant liar.

    Go get em Mark. @esqappellate

    MSI brief... https://www.marylandshallissue.org/jmain/documents?task=download.send&id=416&catid=4&m=0

    "The County’s and Everytown tag-team tactics thus turns briefing into a true “Catch 22” for plaintiffs. The only proper response for this Court is to put a stop to the County’s and Everytown’s abuse of the amicus process and deny Everytown’s motion for leave to file an amicus brief and hold that the County has Case 8:21-cv-01736-TDC Document 63 Filed 01/09/23 Page 5 of 6 6 conceded the issues which it deliberately decided not to brief as part of this improper scheme to divide arguments with its amicus. The Court may also wish to consider, sua sponte, sanctions for this conduct."
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,953
    Marylandstan

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,164
    Anne Arundel County

    Maryland Shall Issue, Inc. v. Montgomery County, Maryland (8:21-cv-01736)​


    District Court, D. Maryland​

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    Last Updated: Jan. 24, 2023, 5:15 a.m. EST

    Assigned To: Theodore David Chuang

    Date Filed: July 12, 2021

    Date of Last Known Filing: Jan. 10, 2023

    Cause: 28:1441 Notice of Removal

    Nature of Suit: 440 Civil Rights: Other

    Jury Demand: Plaintiff

    Jurisdiction Type: Federal Question
    So the case is moving to Federal court?
     

    Sunrise

    Ultimate Member
    Aug 18, 2020
    5,078
    Capital Region
    Case 8:21-cv-01736-TDC Document 64 Filed 01/10/23

    REPLY OF EVERYTOWN FOR GUN SAFETY TO PLAINTIFFS’ OPPOSITION TO MOTION FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF DEFENDANT

    ). Indeed, Plaintiffs have it exactly backwards.
    Respectfully submitted, /s/ Barry J. Pollack Barry J. Pollack

    Between county Lawyers and this guy... They have No Respect. Called Plaintiffs (Mark) everything but blatant liar.

    Go get em Mark. @esqappellate

    MSI brief... https://www.marylandshallissue.org/jmain/documents?task=download.send&id=416&catid=4&m=0

    "The County’s and Everytown tag-team tactics thus turns briefing into a true “Catch 22” for plaintiffs. The only proper response for this Court is to put a stop to the County’s and Everytown’s abuse of the amicus process and deny Everytown’s motion for leave to file an amicus brief and hold that the County has Case 8:21-cv-01736-TDC Document 63 Filed 01/09/23 Page 5 of 6 6 conceded the issues which it deliberately decided not to brief as part of this improper scheme to divide arguments with its amicus. The Court may also wish to consider, sua sponte, sanctions for this conduct."
    Sanctions are most definitely warranted. The County and Everytown had a wink-wink, nod-nod coordination here. I doubt this Judge has the guts to sanction them though.
     

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