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

[fightinbluhen51]

Ok, so, Kru, anything on pacer yet?

 

[krucam]

Ok, so, Kru, anything on pacer yet?

Nothing as of last night, or the night before, or the night before....Woollard is a Daily Check for me, not necessarily so for the other 30...

My spidey-sense is tingling on this one as well...my thought was that if the Judge is going to deny the MTD, we'd have something sooner rather than later...just a simple DENIED and a paragraph or two more.

However, if he is going to GRANT the MTD, he will need to put some more effort into the decision.

2 weeks if DENIED (we move along), 4+ if GRANTED since the next stop will be at the 4th Ckt...

 

[Patrick]

Denial of the MTD takes a fair amount of work. The judge needs to establish that the plaintiff has standing, and then explain why their claims present a valid cause of action. Given the breadth of the claims in the MD MTD, it could take some time to address them.

Look to Judge Gonzalez's (Peruta) denial of Sand Diego's MTD - that was quite the read.

I wouldn't read too much into the pause.

 

[CharlieFoxtrot]

It seems to me the whole judicial system pretty much grinds to a halt starting the week of Thanksgiving until after the New Year so I'm not sure I'd read a whole lot into it.

 

[yellowfin]

It seems to me the whole judicial system pretty much grinds to a halt starting the week of Thanksgiving until after the New Year so I'm not sure I'd read a whole lot into it.

They seem to slam on the brakes pretty hard when it comes to gun cases that rule in our favor in places that don't want them too, also. It isn't just one of them, it's all of them.

 

[E.Shell]

It seems to me the whole judicial system pretty much grinds to a halt starting the week of Thanksgiving until after the New Year so I'm not sure I'd read a whole lot into it.

They're all out deer hunting.

 

[Bikebreath]

They're all out deer hunting.

Or eating tofu and vegetables while wearing their cotton shoes.

 

[yellowsled]

unless i missed something, i thought there was some decision to be made on the 2nd?

 

[Patrick]

unless i missed something, i thought there was some decision to be made on the 2nd?

Defendant's response to the new SAF Motion for Summary Judgment were due 2 December, but the judge vacated that schedule and deferred MD's response until after he first rules on the defendant's Motion to Dismiss.

As reminder: SAF filed the initial complaint; MD then filed an MTD; then SAF filed an MSJ in response (saying "enough is enough") and MD was supposed to answer that by 2 December. MD then got the judge to say they do not need to respond until he rules on their initial MTD. (Note I have skipped a few back-and-forths for brevity.)

The current status is kinda worrying because it seems the judge may be seriously contemplating a dismissal. Maybe. Don't know.

But even if he does not dismiss, we're looking at a delay equal to the time it takes the judge to write a response to the MTD and then also more time (probably two weeks) for MD to finally respond to the SAF complaint.

In the meantime we'll have Peruta coming in soon (within two weeks, maybe and it looks good for our side) and there have been a host of other cases that have recently fallen our way. If the judge wants to dismiss, he will need to do so using Younger or some other procedural morass, because there is enough goodness in recent precedent to say the SAF complaint is not only ripe, but also valid. The judge would not have an easy time dismissing the complaint as invalid on constitutional terms.

 

[Right2Carry]

I agree, the training is already in place for Officer Safety. It's the Maryland government's mind-set that is not in place with today's society.

 

[yellowsled]

thanks for the input Patrick!

 

[JasonN3ZBO]

Any thought on the idea that perhaps the judge in this case is waiting to issue his ruling on the MTD based on the outcome of Peruta?

 

[krucam]

Any thought on the idea that perhaps the judge in this case is waiting to issue his ruling on the MTD based on the outcome of Peruta?

Possible and not outside the realm of possibility. I'm sure there is more than those of us on pins and needles waiting on Peruta....and while we're at it, maybe the Judge in Palmer v DC is waiting as well!

I like that thought...

 

[Kharn]

Its gonna suck if Palmer is waiting on Peruta and Peruta is waiting on Palmer...

 

[krucam]

Its gonna suck if Palmer is waiting on Peruta and Peruta is waiting on Palmer...

 

[gamer_jim]

This is a MD judge or Federal?

If it's MD, do we expect any less of a response as say, what would come out of the 9th Circus?

Let's hurry up and get this appealed already.

 

[Patrick]

Federal District Court Judge.

 

[jac43k]

Thanks for keeping us up to date, your guys are awesome..

 

[Braxtonian]

Well we have movement on Peruta but it ain't good. And considering we thought we had a good shot there, makes Woollard look even worse. Maybe now the judge will at least get a move on.

 

[ThumperIII]

http://ia341314.us.archive.org/2/ite...08678.64.0.pdf

copied from calguns