SAF SUES IN MARYLAND OVER HANDGUN PERMIT DENIAL UPDATED 3-5-12

[Storm40]

Just waitng for the MSP to approve the LC9

a fight for another day, but one that needs to be fought.

 

[fightinbluhen51]

Same here.

I will be doing something of similar nature.

 

[Hopalong]

I've been thinking about this and also couldn't stand seeing this thread slipping quickly down the list on page 2.

Have you considered getting a taller monitor or increasing your resolution?

All kidding aside, I have to agree from my severely amateur view of all of this that the defendants in these cases are switching from denial to finding some kind of strategy to cope with what they see coming; they have to acknowledge 2A outside the home, but they want to make darned sure that it's as close to their terms as possible.

 

[Papi4baby]

Is it too early for an update Patrick.

It is the 22nd .

 

[drwalther]

Is it too early for an update Patrick.

It is the 22nd .

How about now !!??

 

[Ruzo]

This should be good. Going to join tomorrow.

 

[krucam]

"Historically", briefs in this case pop up on Pacer mid/late afternoon...

 

[X-Factor]

I really have done a horrible job following this thread.

What stage are we at? Is a "decision" coming today? If so and it's against Maryland, do we "win" or is there ability for the State to appeal? If we won and there is no recourse for the State, what happens to current law right NOW?

 

[SkunkWerX]

"Historically", briefs in this case pop up on Pacer mid/late afternoon...

The Horror, the horror! ....or maybe it will be The Longest Day?

Let's play a little game....

I'll go on record with MD's defense (in amatuerish fashion):

- The 2nd Amendment does NOT specifically cover public carry at any time.
Maybe only when the militia has been called out. We can call this the "Keep your guns at home until we really need them" defense. It does say well regulated militia, so we intend to regulate the hell outta them.

-Heller did not say outside of the home, therefor, until such time, MD reserves the Right to tramble and encumber, for the good of the children and public safety which over-rides any Right granted by god or country.

-Hocus Pocus, habeus corpus, the Younger abstention, SAF ain't from around these parts, and a rip in the space time continuum. (meaning they will toss out any and all legal-schmeagal stuff they can hoping something sticks).

-Lastly, but IF for some reason the courts really really get this wrong, we (MD) feel it's so far at the fringes of any personal Right, that we can apply our own brand of control, triplicate paperwork, fees, and designate what day of the week, and what places that ordinary mortals may keep a death-stick upon their person. We will even make a list of "Not disapproved" devices that may be carried, and it will be a short list, regulated to anything smaller than .22lr with a capacity of no more than 3 rounds. Because we are going to do it anyway, and it will be years before you can get this back into the courts.

Let's see what they have for us later today.

 

[Patrick]

Today is the first real response from Maryland. We are far from a decision. As it stands, all the briefs from both sides will be in and done by the second week of May. At that point the judge gets it and can rule. Expect at least 90 days for a response.

So maybe late summer.

"Historically", briefs in this case pop up on Pacer mid/late afternoon...

...the next day.

The Horror, the horror! ....or maybe it will be The Longest Day?

Let's play a little game....

I'll go on record with MD's defense (in amatuerish fashion):

- The 2nd Amendment does NOT specifically cover public carry at any time.
Maybe only when the militia has been called out. We can call this the "Keep your guns at home until we really need them" defense. It does say well regulated militia, so we intend to regulate the hell outta them.

...

-Hocus Pocus, habeus corpus, the Younger abstention, SAF ain't from around these parts, and a rip in the space time continuum. (meaning they will toss out any and all legal-schmeagal stuff they can hoping something sticks).

...

Let's see what they have for us later today.

Funny, and that about sums it up.

Mark (Krucam) is going to pulling his hair out today, between the response filing and the Chantix.

 

[X-Factor]

Ok so late summer at best. IF we get a "win" will the state have recourse? Would the timeline for "change" be outlined in the decision or open ended with a "for serious" look? Basically, if the Judge rules entirely in our favor August 1st (just for argument), how would that affect ME on August 2nd?

 

[krucam]

I really have done a horrible job following this thread.

What stage are we at? Is a "decision" coming today? If so and it's against Maryland, do we "win" or is there ability for the State to appeal? If we won and there is no recourse for the State, what happens to current law right NOW?

Plaintiff's have a Motion for Summary Judgment. A MSJ says the points speak for themself (from either perspective) and the Judge has all the info he/she needs to make a decision. Each side is allowed to respond to the other's MSJ. This is the Defendant's (MD) response to the Plaintiff's MSJ.

Additionally, this Defendant brief will be a filing of a Cross-MSJ (in addition to their opposition to Plaintiff MSJ).

We'll have dueling MSJ's at that point. Someone will win, someone will lose.

 

[frozencesium]

Ok so late summer at best. IF we get a "win" will the state have recourse? Would the timeline for "change" be outlined in the decision or open ended with a "for serious" look? Basically, if the Judge rules entirely in our favor August 1st (just for argument), how would that affect ME on August 2nd?

Chances are about 99.999% that nothing changes for you. If the district finds in our favor, chances are extremely good that the judgment will be stayed pending appeal to the 4th circuit. Now, after a year of back-and-forth briefs at the circuit, expect another stay of any decision pending appeal to the SCOTUS.

 

[X-Factor]

So the State CAN appeal...I thought they couldn't.

 

[krucam]

So the State CAN appeal...I thought they couldn't.

Either side can appeal. A good '101' on civil suits is at calguns: http://wiki.calgunsfoundation.org/index.php/Litigation_Past_and_Present#How_the_Federal_Courts_work

 

[Inigoes]

how would that affect ME on August 2nd?

Not at all. The reason I say that, if we get a win, MD will have to take a hard look at the process and revamp it. Which is a whole nother critter to fight.

DC is a good example after Heller on how long it took to implement licensing.

 

[krucam]

The current briefing schedule for Woollard, from #23 on the Docket:

a. The plaintiffs’ motion for summary judgment- filed February 18, 2011;

b. The defendants’ opposition to the plaintiffs’ motion for summary
judgment and cross-motion for summary judgment- to be filed on or
before March 22, 2011;

c. The plaintiffs’ reply in support of their motion for summary judgment
and response in opposition to the defendants’ cross-motion for summary
judgment- to be filed on or before April 15, 2011; and

d. The defendants’ reply in support of their cross-motion for summary
judgment- to be filed on or before May 2, 2011.

 

[Inigoes]

While going back through the docket entries...

Is it me, or was Gansler trying to limit the collatoral damage when it comes to civil rights violations, by outlining (admitting) who was resposible for certain areas of the complaint for 2/18?

 

[Fodder4Thought]

While going back through the docket entries...

Is it me, or was Gansler trying to limit the collatoral damage when it comes to civil rights violations, by outlining (admitting) who was resposible for certain areas of the complaint for 2/18?

You think there's a bus in someone's future?

 

[Inigoes]

You think there's a bus in someone's future?

If Woollard wins, someone is going to have to cough up some serious cabbage.