SAF Issued file new law suit challenging common semiautomatic rifle ban

[ICW2019]

Watch the video I just posted above.

So the next obvious question is when does the 4th start on this?

 

[DC-W]

Here we go. SCOTUS’s judgment is now effective and as such, the 4th Circuit has ordered supplemental briefing. Plaintiffs’ brief due 8/22

 

[Occam]

Here we go. SCOTUS’s judgment is now effective and as such, the 4th Circuit has ordered supplemental briefing. Plaintiffs’ brief due 8/22

Whew! Like watching paint dry. I know, we can all do other things with our time. Like hitting refresh on the MSP LD web site portal.

Thanks for the heads up. Looking forward to reading those briefs. Will this also provide an opportunity for more amicus briefs, or just the plaintiff's?

 

[jcutonilli]

Whew! Like watching paint dry. I know, we can all do other things with our time. Like hitting refresh on the MSP LD web site portal.

Thanks for the heads up. Looking forward to reading those briefs. Will this also provide an opportunity for more amicus briefs, or just the plaintiff's?

There were no amicus briefs filed in the District Court or the Appeals Court. There is an opportunity for amicus briefs with the leave of the Court.

 

[Boxcab]

SCOTUS’s judgment is now effective and as such...

"Now effective", can you explain that to me.





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[Allen65]

"Now effective", can you explain that to me.





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SCOTUS's remand to 4CA for redecision of Bianchi is being acted on by scheduling of briefs. Bruen didn't redecide Bianchi on its own, SCOTUS directed 4CA to redecide it in light of Bruen and THT analysis.

I'm curious to see MDAG's attempt to defend any part of the statute under Bruen. "Oh, look! Over there! Public Safety!" and "It is so because we say it is" arguments won't work anymore.

 

[jcutonilli]

"Now effective", can you explain that to me.





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The opinion does not become effective until the judgment is issued. This does not occur until all appeals have been exhausted. With SCOTUS, the judgment does not issue until 30 days after the opinion.

 

[govwontletmebuycoolguns]

The opinion does not become effective until the judgment is issued. This does not occur until all appeals have been exhausted. With SCOTUS, the judgment does not issue until 30 days after the opinion.

so much for 2 weeks....

 

[Boxcab]

The opinion does not become effective until the judgment is issued. This does not occur until all appeals have been exhausted. With SCOTUS, the judgment does not issue until 30 days after the opinion.

Thanks. I was unaware of the 30 day delay.




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[krucam]

Briefings Aug/Sept, Oral Arguments in December. This is being fast tracked.

 

[lazarus]

Briefings Aug/Sept, Oral Arguments in December. This is being fast tracked.

It sounds like for better or worse we may not have a decision from the appeals court until roughly the end of the MGA session unless they issue a decision a lot faster after oral arguments than I think they will (I am suspecting 3-4 months after oral arguments).

I am half suspecting MGA is going to be throwing everything at the wall. I wonder if Bianchi strikes down Maryland's AWB and Maryland expands it further this session, does that pre-emptively gut the new stuff, or will yet a new suit need to be filed (I'd imagine a slam dunk if Bianchi just struck down related Maryland code).

 

[Allen65]

It sounds like for better or worse we may not have a decision from the appeals court until roughly the end of the MGA session unless they issue a decision a lot faster after oral arguments than I think they will (I am suspecting 3-4 months after oral arguments).

I am half suspecting MGA is going to be throwing everything at the wall. I wonder if Bianchi strikes down Maryland's AWB and Maryland expands it further this session, does that pre-emptively gut the new stuff, or will yet a new suit need to be filed (I'd imagine a slam dunk if Bianchi just struck down related Maryland code).

I expect the House will go Full Hochul on us, but the Senate JPC Chair is much more likely to think about what he passes out of his committee. There will probably be some experimentation around the edges of Bruen and Bianchi (taxes, insurance, "nuisance" time-place-manner-storage rules with huge criminal penalties), but I don't see Smith passing something certain to get overturned, or that is a direct middle finger to the court system.

If anything nasty escapes the session and it is blatantly against court rulings, we should be able to get a TRO against enforcement, and then a permanent injunction. It's creative, new approach laws that attack firearms ownership, purchase, and carry through means short of bans that will be the problem because they'll require a new ground-up set of law suits to fight.

The best case scenario that actually has a chance of happening is a fight between psychotic anti-2A extremists in the House and the legal perfectionist JPC in the Senate, where each refuses to yield and nothing of substance passes. We've seen that happen before, and it could happen again.

 

[lazarus]

I expect the House will go Full Hochul on us, but the Senate JPC Chair is much more likely to think about what he passes out of his committee. There will probably be some experimentation around the edges of Bruen and Bianchi (taxes, insurance, "nuisance" time-place-manner-storage rules with huge criminal penalties), but I don't see Smith passing something certain to get overturned, or that is a direct middle finger to the court system.

If anything nasty escapes the session and it is blatantly against court rulings, we should be able to get a TRO against enforcement, and then a permanent injunction. It's creative, new approach laws that attack firearms ownership, purchase, and carry through means short of bans that will be the problem because they'll require a new ground-up set of law suits to fight.

The best case scenario that actually has a chance of happening is a fight between psychotic anti-2A extremists in the House and the legal perfectionist JPC in the Senate, where each refuses to yield and nothing of substance passes. We've seen that happen before, and it could happen again.

Your last is my hope.

*edit* correction, my hope is they get onboard with Bruen and understand this is a right and they clean up Maryland law to recognize it as such. But that'll happen when pigs learn to fly without assistance.

 

[pcfixer]

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5854/attachments/original/1659374505/Bianchi_v_Frosh_Briefing_Order.pdf?1659374505

Just curious? Ya think Frosh will ask for extension of time?

 

[Allen65]

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5854/attachments/original/1659374505/Bianchi_v_Frosh_Briefing_Order.pdf?1659374505

Just curious? Ya think Frosh will ask for extension of time?

He'll ask for an extension until he's retired.

Aren't oral arguments scheduled for some time in December? That means the decision will likely be after he's out of office so he'll never have to give an official statement on the opinion as MDAG.

 

[DC-W]

https://assets.nationbuilder.com/firearmspolicycoalition/pages/5854/attachments/original/1659374505/Bianchi_v_Frosh_Briefing_Order.pdf?1659374505

Just curious? Ya think Frosh will ask for extension of time?

Yes and he’ll get it. Normal.

 

[krucam]

IF extensions are asked for and granted it’ll move briefings. Will the December Orals stay put?

 

[teratos]

IF extensions are asked for and granted it’ll move briefings. Will the December Orals stay put?

I don’t expect orals until January. That’s my birthday.

 

[shootin the breeze]

I don’t expect orals until January. That’s my birthday.

Once a year whether you need it or not, right

 

[teratos]

Once a year whether you need it or not, right

Exactly.