Today is the day.. Woot!!
One can only hope! It would be nice though...
Today is the day.. Woot!!
Today is the day.. Woot!!
nonsense, CharlieFox is right. The law is the law. If it unconstitutional under 1983 in a civil suit, then it is unconstitutional to enforce that same law in a criminal prosecution. See, e.g., Bond v. United States, 131 S.Ct. 2355 (2011) (holding a criminal defendant has standing to challenge the constitutionality of a statute which was the basis of her prosecution).
He claimed the appeals court denied his appeal because he stated the arrest at the airport was illegal based on FOPA. The criminal charge was dismissed but he appealed the arrest as a 1983 violation.
The appeals court refused the appeal saying the arrest was not illegal because he could not use FOPA as an affirmative defense because he took possession of his luggage with a firearm in it.
So in the same circumstances if a person does the same thing and is charged criminally, doesn't the court's reasoning and decision from the civil case also apply to a criminal charge?
That's fast. It took Va 10 weeks for me to get my Va non-resident permit.
Wow...when was this? Just after the Woollard ruling? It took me about 30 days as well from app sent to permit received (that was two years ago as well).
So would I be correct in saying if you take possession of your luggage in NYC with the firearm inside, I may no longer have FOPA protection because of the decision in the civil case or is it a whole new process? I assume many courts and juries would use the same line of reasoning even in a criminal proceeding.
Or is it something we cannot predict?
ETA wasn't Revell a Circuit decision, and thus has an impact on District courts in NY?
That's my guess. FL residents can do livescan, which is much easier to use for the state and much faster for the FBI system. Oh well. What's another couple of months of wait....It used to 117 dollars total. Maybe the print charge was an FBI background check?
I read all those. That's why this guy's argument that Revell had no bearing on another criminal charge seemed not quite right.
Best to follow your advice and precedent.
Gosh this lawyering stuff can be convoluted.
Thank you.
That's my guess. FL residents can do livescan, which is much easier to use for the state and much faster for the FBI system. Oh well. What's another couple of months of wait....
One thing to consider, though...
In the intervening gap, would MSP be required to begin issuing permits based on apps that are in process (and probably already past their 90 days)? And would a failure to do so be considered to be in contempt of Legg's ruling?
I went and looked. The 42 dollars is for the prints/FBI check.