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

[Inigoes]

Should those who didn't apply, apply now!?!?!????

Yes

 

[esqappellate]

So help me here...how many ways can I say I was wrong?

Having said that and read the ruling, I'd love to know approx how many man hours it took to research and write it??? [and yes, I know he had other stuff to do...don't we all?]

Wrong as I was, don't forget I'm on the same team as you and am just as excited. However, much of my frustration and impatience is because at this point, with unexpected medical news, I can't be sure I'll be around long enough to actually exercise this long denied right....here's hoping!

Hang in there, eyes, our prayers are with you!

 

[Kashmir1008]

Awesome news! It's like a real bright light shown down on this ******** of a state for a change.

Thanks to all who helped, informed, prayed, toiled etc etc.

God Bless Alan Gura - GO GET 'EM ALAN!!!!

 

[Gambler]

Great news! I hope MD complies and doesn't play games. It seems like that is what they have been holding our apps for...keeping my fingers crossed!

 

[OEH]

So, You're saying about two weeks then?
(See what I did there?)

 

[OEH]

Oh almost forgot - now would be a great time for all of us to donate to SAF and MSI again!

 

[fightinbluhen51]

good point

I think I'm going to start getting my app together

This...Now...where did I put that Gray Peterson electronic copy?

 

[fightinbluhen51]

Maybe, maybe not. At this stage, a motion would probably go to a motions panel, the composition of which would/could be different than the merits panel. And the issues are different, as Judge Legg explains.

Speaking to this...and considering it's a "Big F'ing Deal," is it still an uphill battle at CA4? Or Not?

They must reinstate the stay within the next 14 days, else we are :giggity: correct?

 

[BenL]

Oh almost forgot - now would be a great time for all of us to donate to SAF and MSI again!

+1

 

[J-Dog]

Can we get an official date as to when we should apply? (provided that another stay isn't put in place before the temp stay actually expires)

 

[Inigoes]

Can we get an official date as to when we should apply? (provided that another stay isn't put in place before the temp stay actually expires)

Put your app in the mail Aug 6th

 

[fightinbluhen51]

Put your app in the mail Aug 6th

Oh, good idea...except if there is an 11th hour stay by 4th Circuit.

Esq...generally, how long does it take the Circuit to rule on a stay? Is it briefed? Is it just reviewed? Are there oral arguments? Teleconference?

 

[J-Dog]

Put your app in the mail Aug 6th

That sounds like a good plan to me!!

 

[eyesinpines]

Hang in there, eyes, our prayers are with you!

Many many thanks, I appreciate that. Got 4-6 hour surgery Aug 13th and am optimistic, so will have to see how it goes! I sure am planning which holster to buy!

 

[aray]

MD will try, so keep your power dry. And beware of the Kool Aid.

Indeed. The battle may now shift to the special session coming up for gambling expansion. We know the Annapolis political leadership might try to moot this whole case.

Esqappellate's cautionary words are well said. We may need everyone on the ramparts for a battle royal in the General Assembly. This "war" is far from over and we have a skilled and determined adversary.

Stay tuned, and consider an extra gift to both SAF and MSI if you can afford it.

 

[esqappellate]

Oh, good idea...except if there is an 11th hour stay by 4th Circuit.

Esq...generally, how long does it take the Circuit to rule on a stay? Is it briefed? Is it just reviewed? Are there oral arguments? Teleconference?

A motion would be filed by the State under Rule 8 Federal Rules of Appellate Procedure. Under Rule 27, Gura would have 10 days to respond, unless notified by the Court that they intend to rule sooner. The state has 7 days to file a reply (they can file early). There will very likely not be oral argument or a teleconference on the motion. The court can do whatever it wants, when it wants. It will likely go to a motions panel, rather than a merits panel. The state can certainly ask the Court for shortened time for briefing. Personally, I would be surprised if we got a CA order by August 7. We shall see.

 

[esqappellate]

Speaking to this...and considering it's a "Big F'ing Deal," is it still an uphill battle at CA4? Or Not?

They must reinstate the stay within the next 14 days, else we are :giggity: correct?

The merits are different from a stay and denial of the stay, even at the CA level is not controlling or even have an effect on the merits panel. And yes, it is still a BFD. Be patient on the stay stuff. We'll see.

 

[Broadside]

Should those who didn't apply, apply now!?!?!????

I think that for right now the same advice Maryland Shall Issue gave at the time of the ruling is still applicable. If you can afford to lose the money, then go ahead and apply as soon as the stay expires. If you can't, you may wish to wait at least until the 4th Circuit rules on any motion for stay by the State. While that will probably happen relatively quickly, we don't have a timeline on that yet.

You can however, do a number of things right now to get ready. For example, if you plan on mailing your application on August 6th, find a LiveScan location and make your an appointment to get printed. I'd recommend doing it at one of the commercial locations instead of the MVA. It may cost more, but you have a greater chance of success.

Remember that the application must be postmarked within 72 hours of the LiveScan submission. So make sure you plan out when and where you are going to mail your application.

I sent my app Express Mail from Rockville, MD. That may be overkill, but I was OK with that.

Also keep in mind that the mail isn't delivered to Pikesville. An MSP employee goes and picks it up from the Post Office. So if your app is going that it is waiting to be signed for in the Post Office. Don't worry. They'll get it the next day.

Also keep in mind that you need photos. So plan out when and where you're going to get those. The LiveScan place where I had my prints done also did passport photos. So I got them done at the same time.

Finally, remember you have to get the application notorized. So make sure you plan that out. The receptionist at the LiveScan location notorized my app for $5. I could have had it done at my bank for free, but that would have been another trip and there is no guarantee that the bank branch I visited would have a notory available when I showed up.

You can also download an app from MSP's Web site and begin to fill it out now. You can start to gather contact information for your references.

You can read through the thread about people who have been interviewed and see what additional information they were requested to provide. For example, many were asked about training. While there is currently no requirement for training, I think if I were to apply today, I would probably send copies of any certificates of training I had. If they don't want it they can always throw it away, and at best it may help speed the process up.

 

[mrjam2jab]

dang it. I still haven't been able to get someone to send me the print cards. Guess I'll have to drive down to get printed....then drive back down for the interview if they continue those....

 

[fightinbluhen51]

The merits are different from a stay and denial of the stay, even at the CA level is not controlling or even have an effect on the merits panel. And yes, it is still a BFD. Be patient on the stay stuff. We'll see.

So, if I understand you properly...put in the paperwork as of Aug 7 because chances are, the state will not receive a stay from the CA4 (just due to the process and the careful consideration that we have seen first hand as interested parties to this case). Even if stayed (as COULD happen), chances are it will come AFTER Aug 7, and therefore, 2nd wave apps are still ahead of the ball when it comes to post appeal judgement apps.

Got it...thanks!