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

[Dead Eye]

I think the more likely scenario is we put too much emphasis on the teleconference.

In retrospect, it just seemed highly unlikely that a District Judge would invalid a 40 year old law based on a single telephone conversation.

Yeah, I was kinda hinting at the fact that the teleconference was basically the Judge's way of saying, "Now go do..." I think had the AG came willing, everything could have gotten settled, and maybe, just maybe it was a bit of wishful thinking on the Judge's behalf, but NOOOOOOO!!!!!

 

[Mongoose]

I have a new look at it...... I just want to win the $540 million dollar mega millions drawing tonight then move.

Check that..... $640 million

 

[Dead Eye]

Check that..... $640 million

And climbing...

 

[Garet Jax]

Check that..... $640 million

He knew that - he was giving 25 million to SAF and MSI and 50 million to me.

 

[esqappellate]

Wouldn't there be an affirmation from the plaintiff, stating the draft was true and correct?

Not necessarily. Counsel for the state would not misrepresent that sort of thing

 

[Inigoes]

Not necessarily. Counsel for the state would not misrepresent that sort of thing

A word of advice, never trust Maryland for anything...

 

[Dead Eye]

Not necessarily. Counsel for the state would not misrepresent that sort of thing

Are you implying a Code of Ethics? (My attempt at a lawyer joke...)

 

[esqappellate]

Wouldn't there be an affirmation from the plaintiff, stating the draft was true and correct?

A word of advice, never trust Maryland for anything...

No trust involved. If they lied here they get caught and then there is Hell to pay

 

[Glaug-Eldare]

Hm. Ya think Legg's ruling would have any impact on §4-101(b)(4)? This section specifically excludes handguns, but covers other specified "arms."

(b) Exceptions for certain individuals. -- This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

 

[esqappellate]

Hm. Ya think Legg's ruling would have any impact on §4-101(b)(4)? This section specifically excludes handguns, but covers other specified "arms."

Certainly not directly. Have to think about that.

 

[esqappellate]

Actually, I say that that ruling is a bit better as it applied strict scrutiny for outside the home.

Well, not entirely clear on that point. Certainly the court purported to apply strict scrutiny, but part of the rationale for doing so was that the statute at issue prohibited a person from going out and purchasing a weapon and ammo for use in the home during a declared emergency. A bit different.

 

[CrueChief]

If just to get a time line clarification we should not expect permits to start to be issued until atleast Septemberish. giving the state the time to request a stay from CA4....and get denied again, right.

 

[esqappellate]

They only have to file one page of paper basically saying "we appeal Judge Legg's decision, dated 3/5/2012" and then the CA4 would set the schedule for the opening salvo of briefings, correct?

So, in reality, while the first 10 page on the record brief for the "permanent" stay is due April 19th, MD may only have until April 30th to file an appeal as the rest of the "stay" briefing is papered back and forth?

No wonder lawyers cost so damned much...they are always wasting trees! (I had to get a lawyer dig in there somewhere).

Right, 30 days to appeal, once Judge Legg enters the proposed order (or enters any order disposing of the 59(e) motion. A notice of appeal is a one page document filed in district court. I doubt that the state would take the full 30 days with a Rule 62 motion for a stay pending.

Be nice to lawyers. Lawyers are like nuclear weapons: You need one because the other side has one.

 

[esqappellate]

If just to get a time line clarification we should not expect permits to start to be issued until atleast Septemberish. giving the state the time to request a stay from CA4....and get denied again, right.

Jeez. I just don't know. My crystal ball gets cloudy that far out. Once Judge Legg denies a stay, the state will move very quickly to request one from the 4th Circuit. There will a motion, a response and a reply in the court of appeals. That would take at least a month, once the motion is filed. Then a decision from a motions panel. September is optimistic.

 

[fightinbluhen51]

Well, not entirely clear on that point. Certainly the court purported to apply strict scrutiny, but part of the rationale for doing so was that the statute at issue prohibited a person from going out and purchasing a weapon and ammo for use in the home during a declared emergency. A bit different.

It also impacted several days of dove hunting post one of the Atlantic hurricanes that came through since it applied outside the home as well.

Remember, Gov. Purdue was forced to invoke a different section of the deceleration of a state of emergency and only apply it to certain counties so as to prevent the entire state from missing opening day of dove season. If memory serves, she also attempted to invoke the provision so as not to restrict movement of arms in the counties affected by the hurricane, probably to avoid more litigation.

 

[CrueChief]

Well maybe we should leave all our glasses half full.

 

[esqappellate]

Well maybe we should leave all our glasses half full.

Beats the heck out of half empty....

 

[esqappellate]

It also impacted several days of dove hunting post one of the Atlantic hurricanes that came through since it applied outside the home as well.

Remember, Gov. Purdue was forced to invoke a different section of the deceleration of a state of emergency and only apply it to certain counties so as to prevent the entire state from missing opening day of dove season. If memory serves, she also attempted to invoke the provision so as not to restrict movement of arms in the counties affected by the hurricane, probably to avoid more litigation.

Sounds like the NC Governor has good sense.

 

[Atlasarmory]

I posted this in another thread

I wonder if we could protest by submitting our apps over and over again without any fingerprints or check. it would only cost postage and they would still have to open and processes it in some regard and contact you that your app is incomplete. Or would such a deliberate act be illegal in some way.

 

[rambling_one]

I posted this in another thread

I wonder if we could protest by submitting our apps over and over again without any fingerprints or check. it would only cost postage and they would still have to open and processes it in some regard and contact you that your app is incomplete. Or would such a deliberate act be illegal in some way.

Not illegal and certainly NOT helpful.