MSI v. Hogan - The Challenge Against the Handgun Qualification License Proceeds

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  • trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,732
    Glen Burnie
    Of course the defendant filed for a time extension. I'm fully of the belief that Frosh intends to kick this can down the road until he's out of office and it's no longer his problem.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,958
    Marylandstan
    Of course the defendant filed for a time extension. I'm fully of the belief that Frosh intends to kick this can down the road until he's out of office and it's no longer his problem.
    Mark deals with alot-much-many of kicking can down the road.

    Quoted
    State law claims and thus should be adjudicated without delay. See Mata v. Lynch, 576 U.S. 143, 150 (2015) (“And when a federal court has jurisdiction, it also has a ‘virtually unflagging obligation ... to exercise’ that authority.”) (citation omitted). But even assuming arguendo that a State law question is pertinent, the Supreme Court has made clear that the proper approach is to certify controlling questions of State law to the State’s highest court. Arizonans for Official English v. Arizona, 520 U.S. 43, 75-76 (1997). See also McKesson v. Doe, 141 S.Ct. 48 (2020) (per curiam) (vacating and remanding with instructions to certify a controlling but novel State law question to the State’s highest court). Maryland has precisely such a certification provision. MD Code, Courts & Judicial Proceedings, § 12-603.

    Case 8:21-cv-01736-TDC Document 33 Filed 08/16/22
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,504
    White Marsh
    “There is, of course, lots of history of states and the United States regulating who can own and carry weapons,” Frosh said. “What Maryland has done is impose reasonable regulations on who can own a handgun.” -Frosh

    He's right to some extent. He just fails to mention that those regulations were aimed at functionally anyone who wasn't a white Protestant man.

    My schadenfreude is rock hard over these grabbers cloaking themselves in the text, history and tradition of racist, bigoted laws. Own it.
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,680
    Carroll Co.
    “There is, of course, lots of history of states and the United States regulating who can own and carry weapons,” Frosh said. “What Maryland has done is impose reasonable regulations on who can own a handgun.” -Frosh

    He's right to some extent. He just fails to mention that those regulations were aimed at functionally anyone who wasn't a white Protestant man.

    My schadenfreude is rock hard over these grabbers cloaking themselves in the text, history and tradition of racist, bigoted laws. Own it.

    He has to say they are "reasonable" because this is his baby - he pushed for FSA2013/SB281 and now it's falling apart, and quickly. HA HA HA

    What a legacy to leave behind when he retires: most unconstitutional laws championed by an AG who said they are constitutional. And now he's saying segregation/racist roots of gun laws are ok because free blacks were disarmed after the Civil War. Keep digging that hole Brian (I'm not calling him Frosh anymore because calling him by his first name shows less respect - that and I'm trying to keep my cussing down on MDS).
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    He will retire defending qualified immunity and using historical racism and xenophobia to defend gun laws and the police who enforce them.

    Really a wild note for a self-described progressive champion to finish out on.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,496
    Westminster USA
    Funny how few Press Releases from Brian filing Amicus Briefs on states fighting Bruen we have seen.

    Maybe he realizes it’s over.

    Off to the ash heap of history you go Brian


    Sent from my iPad using Tapatalk
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,958
    Marylandstan
    Press from the Daily Record with a quote from Frosh.


    Here's the issue.
    " U.S. District Judge Ellen L. Hollander upheld the license requirement’s constitutionality last August, saying it was reasonably related to the state’s important interest in protecting public safety. "

    This is the same line AG uses ALOT and seem judge do not require proof of state's interest in public safety.


    Sure jcutonilli had a brief on same subject. I'm searching.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    The public safety magic wand the state waves and has waved all these years is no longer meaningful under Bruen’s demanded analysis.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,849
    Bel Air
    He will retire defending qualified immunity and using historical racism and xenophobia to defend gun laws and the police who enforce them.

    Really a wild note for a self-described progressive champion to finish out on.
    I’ve not been in Annapolis much in the last few years. Do you give oral testimony to these points?
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    I’ve not been in Annapolis much in the last few years. Do you give oral testimony to these points?

    Of course I do.

    I like making those who make more criminal laws squirm, especially after 2021 being a year of reforms to reign in the dangerousness of police. Apparently, they’re now safe enough to sic on the masses because guns are that bad.

    Some do understand which populations are most likely to have these sorts of laws enforced against them. However, they’re still beholden to their constituents who are mostly ok with state-backed violence of mostly poor people of color so long it’s in the name of gun safety.

    The best hook will be watching MDA try to have qualified immunity curtailed in Maryland. By all means, have at it. Curious how that will play, now that carriage of handguns outside the home for personal protection is a clearly established right.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,849
    Bel Air
    Of course I do.

    I like making those who make more criminal laws squirm, especially after 2021 being a year of reforms to reign in the dangerousness of police. Apparently, they’re now safe enough to sic on the masses because guns are that bad.

    Some do understand which populations are most likely to have these sorts of laws enforced against them. However, they’re still beholden to their constituents who are mostly ok with state-backed violence of mostly poor people of color so long it’s in the name of gun safety.

    The best hook will be watching MDA try to have qualified immunity curtailed in Maryland. By all means, have at it. Curious how that will play, now that carriage of handguns outside the home for personal protection is a clearly established right.
    I figured you did. Good tact.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,496
    Westminster USA
    The two step dance is over.

    They now dance to the groove Justice Thomas is laying down

    His dance only has one step

    which I dig


    Sent from my iPad using Tapatalk
     
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