- Nov 11, 2009
- 28,151
But is it still 3% ?
I thought there was a 3% chance that the question would come back to haunt me.
But is it still 3% ?
You know, I'm sure his buddy Hag Dumais has multiple cases of wine stashed in many places. Her favorite saying is "Lets celebrate".He can't find any wine to drink, Andrea Chambley bought up most of the boxes in the state last Thursday, she bought out the rest today.
To a degree. The States end up paying the legal expenses because they are civil rights cases. So if the plaintiff wins...Wow, Chambley is still around?
Is there $ involved in winning these cases? I was wondering about donating and to which group.
If so, hopefully enough to propose our own bills , like a bicycle road tax. Sorry Fabs lol.
I hadn't realized nationwide precedent was set on a GVR'd case. But I guess that makes sense, the supreme court is literally saying they are granting certiorari. So saying they are certifying the case as being worthy of supreme court review. They vacate the last decision. And then send it back to that court to redetermine the decision because SCOTUS is saying it was wrongly decided (or the basis on which it was decided was wrong).Yes, you are both right.
However, for the most part their hands are pretty ouch tied. If they don’t do what they are suppose too, in Duncan v Bonta, then Duncan can file another petition for Cert… in which case the Supreme Court will issue the mandate.
Usually what is done though, is the circuit court being that of the 3 justices or 11 justices issue an opinion an opinion and a mandate and then send it back to the district court to follow that mandate and issue the judgment, and the enjoinment. The district court then proceeds with hearings on who is paying what fees, expenses and how much.
Same thing applies to the 3rd circuit for MD and Bianchi, 4th circuit for ANJRPC.
Now keep in mind several other factors.
Normally a decision in one circuit doesn’t have a legal binding hold on another circuit. However, when a case is GVR’d by SCOTUS it does.
Also keep in mind, that since June 23rd, as well as previously filed cases. There are many other magazine ban cases, and AWB cases pending in the same circuits, different states. As well as many new cases filed on June 30th. 2 in D.C. All these cases will eventually have nationwide impact.
As more cases get settled and judgments given, more cases will be filed. As reimbursement money starts getting paid for all the present cases. That money will go on to support and pay for new cases filed. Now that we have a real basis to start winning, and know we can recoup funds. More suits will be filed.
I'd assume SCOTUS would choose to take one of them up at that point.So you've got two cases that were GVR'd that involve magazine bans. What if you get a split? Can't have a split national precedent
Yup. https://www.law.cornell.edu/uscode/text/42/1988To a degree. The States end up paying the legal expenses because they are civil rights cases. So if the plaintiff wins...
At least that is my understanding.
Happens to me all the timeSorry about that, if you actually read it. Sometimes I can't help myself; I get trapped in a mental cul-de-sac, and have to write myself out.
Is there an estimate on when we should expect further guidance from the state?
Maryland is going to F around and be Constitutional Carry. At first I was kidding when I said this last week……but I actually can see this happening now.
Yeah I didn't think the Maryland Attorney General would be this dumb. Not even the police chief of DC was this dumb when they went shall issueMaryland is going to F around and be Constitutional Carry. At first I was kidding when I said this last week……but I actually can see this happening now.
Buy holsters, belts, gear, proper CCW pistols (p365/p365XL….Glock 48/43x/43…Hellcat etc…) and be ready to carry.
Last I checked Maryland was still in the United States and bound by its laws
The Heller case cost several million so yeah, the amounts the states/localities have to pay is a pittance. The Cato Institute funded most of it.SAF ended up agreeing to less than $400k for their legal expenses in McDonald v Chicago, there's a picture of Gottlieb holding the check. I think Heller was almost double that.
Those weren't nearly what the cases cost, but what they could prove, what the judge would approve, and what the cities claimed they could afford.
Its almost like they WANT to be get crushed in court again.NY throws temper tantrum after losing. I envision a bigger smackdown coming soon.
https://www.governor.ny.gov/sites/d...ION1-CONCEALED_CARRY_IMPROVEMENT_ACT-BILL.pdf
Summary:
1) To get a license an in-person interview is required. Applicant needs to reveal names of everyone residing with him - spouse, children etc. Applicant needs to submit all his present and passed social media accounts. 4 character references are now a law.
2) Sensitive places - govt buildings, public parks, playgrounds, libraries, zoos, any property of any educational institution, any school or children's program, any place serving alcohol, public transportation, public transportation facilities including stations and airports, entertainment venues, any protests or political gatherings, any place not displaying signs that allow carry, Times Square, places of worship. Penalty - class E felony.
3) Central database of all licenses that will be checked monthly against arrest records, indictments, protection orders etc.
4) Database of all ammunition purchases
5) Storage in a vehicle when not in control of it (parked etc) - weapons must be unloaded and locked in a fire and impact resistant container. Lockable soft cases are not allowed anymore. Penalty - Class A misdemeanor.
6) Background checks on ammunition purchases through the State Police. Another section creates a "background check fund" to finance this.
7) 16-hr class for a pistol permit - required to be completed ONCE. If in possession of a permit already, will need to do the class prior to first renewal.
8) Includes muzzleloaders in a definition of a "rifle" and "shotgun". So background checks, FFL transfers etc for muzzleloaders. No more buying them online.
All of this was addressed in the Bruen ruling. All of these proposals do not pass the One-Step.NY throws temper tantrum after losing. I envision a bigger smackdown coming soon.
https://www.governor.ny.gov/sites/d...ION1-CONCEALED_CARRY_IMPROVEMENT_ACT-BILL.pdf
Summary:
1) To get a license an in-person interview is required. Applicant needs to reveal names of everyone residing with him - spouse, children etc. Applicant needs to submit all his present and passed social media accounts. 4 character references are now a law.
2) Sensitive places - govt buildings, public parks, playgrounds, libraries, zoos, any property of any educational institution, any school or children's program, any place serving alcohol, public transportation, public transportation facilities including stations and airports, entertainment venues, any protests or political gatherings, any place not displaying signs that allow carry, Times Square, places of worship. Penalty - class E felony.
3) Central database of all licenses that will be checked monthly against arrest records, indictments, protection orders etc.
4) Database of all ammunition purchases
5) Storage in a vehicle when not in control of it (parked etc) - weapons must be unloaded and locked in a fire and impact resistant container. Lockable soft cases are not allowed anymore. Penalty - Class A misdemeanor.
6) Background checks on ammunition purchases through the State Police. Another section creates a "background check fund" to finance this.
7) 16-hr class for a pistol permit - required to be completed ONCE. If in possession of a permit already, will need to do the class prior to first renewal.
8) Includes muzzleloaders in a definition of a "rifle" and "shotgun". So background checks, FFL transfers etc for muzzleloaders. No more buying them online.