Victory in MSI HQL suit

[rbird7282]

SC won't grant cert on this.

I don’t think they will either, if it goes that far I hope I’m wrong


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[dblas]

I maybe asking this incorrectly since I don't understand enough law, but can you answer me this?

My understanding is that since the State lost with the 3 Judge panel, they can now request an En Banc review of the full circuit.

Yep

If the full 4th Circuit deny their request for review, what happens assuming the State doesn't appeal to SCOTUS?

Mandate goes into effect, no more appeals.

I'm wondering about time lines as it pertains to when the mandate goes in effect. I hope you understand what I am attempting to ask.

Fully understand, so here is a "breakdown"
Time for State to appeal/request En Banc: 14 days
Time for ruling to take affect without an appeal request: 21 days
Time for ruling to take affect with appeal request to En Banc: 90 days after appeal denied for time to request Cert (I think).
Time for ruling to take affect if En Banc granted: Depends on the ruling from the En Banc Court.
Time for ruling if En Banc Granted and State loses: 90 days after ruling to request Cert from SCOTUS (I Think)
Time for ruling if request for CERT requested: After Cert denied or After ruling issued by SCOTUS.

 

[dblas]

Is that calendar days or buisiness days?

Calendar, no such thing as business days in the federal court system.

 

[Art3]

Yep


Mandate goes into effect, no more appeals.


Fully understand, so here is a "breakdown"
Time for State to appeal/request En Banc: 14 days
Time for ruling to take affect without an appeal request: 21 days
Time for ruling to take affect with appeal request to En Banc: 90 days after appeal denied for time to request Cert (I think).
Time for ruling to take affect if En Banc granted: Depends on the ruling from the En Banc Court.
Time for ruling if En Banc Granted and State loses: 90 days after ruling to request Cert from SCOTUS (I Think)
Time for ruling if request for CERT requested: After Cert denied or After ruling issued by SCOTUS.

Thank you (as always) for taking the time to spell all this out for us (repeatedly )

 

[dblas]

But it's an unConstituional law, and I want to sue them NOW!

We already sued them, and won (for now)

 

[dblas]

Thank you (as always) for taking the time to spell all this out for us (repeatedly )

I need to start charging beers (or good bourbon) for repeat answers for those that fail to read through a thread. Either way, I don't mind (too much) when it comes to items like this.

 

[Art3]

I need to start charging beers (or good bourbon) for repeat answers for those that fail to read through a thread. Either way, I don't mind (too much) when it comes to items like this.

I have seen similar occurrences over the years...your knowledge, and, more importantly, your patience (and blood pressure regulation) is way outta my league!

 

[Magerko]

Lol, and you think no that would make Democrats think twice or somehow behave better? Besides, it would never pass.


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IMO, it would be better than doing nothing and just letting them get away scott free. It probably wouldn't pass, because there's a lot of Rhino's in the Republican party. I'm thinking more along the lines of firing a shot across their bow, making a point, bringing the issue to the forefront, shining a light on those who knowingly violate the constitution, making each member cast a vote so come election time, their voting record can be used against them. The Dem's do that to the Repub's all the time. They put forth and pass legislation that is clearly unconstitutional and they know it will probably be overturned at some point. But they also know that it can take years to work through the process, so they get their way for at least a period of time before their hands get slapped. Then, they regroup, make some minor changes, and then do the same thing over and over again. Tiem to fight fire with fire. If they can do it, why can't we?

 

[44 Bulldog]

Or maybe a membership? MDS has over 30,000 members. The latest I heard was that MSI had about 3,000.

Maybe a class action lawsuit against the state of Md. for all the money we spent on fingerprinting, training....... and give it all to MSI.

 

[dblas]

I have seen similar occurrences over the years...your knowledge, and, more importantly, your patience (and blood pressure regulation) is way outta my league!

LOL, I have some recent help. My wife and I took two weeks and drove around KY for vacation, a mix of outdoors stuff, Louiseville Slugger Museum, Distlleries, Horses.
We came back with 16 bottles of distillery related products. Tonight is 128 proof Evan Williams Red Label.

 

[dblas]

IMO, it would be better than doing nothing and just letting them get away scott free. It probably wouldn't pass, because there's a lot of Rhino's in the Republican party. I'm thinking more along the lines of firing a shot across their bow, making a point, bringing the issue to the forefront, shining a light on those who knowingly violate the constitution, making each member cast a vote so come election time, their voting record can be used against them. The Dem's do that to the Repub's all the time. They put forth and pass legislation that is clearly unconstitutional and they know it will probably be overturned at some point. But they also know that it can take years to work through the process, so they get their way for at least a period of time before their hands get slapped. Then, they regroup, make some minor changes, and then do the same thing over and over again. Tiem to fight fire with fire. If they can do it, why can't we?

Their constituents don't care about their voting record so long as "they are doing something to combat gun violence."

 

[TheOriginalMexicanBob]

The politicians don’t care about results…if they were judged by the voters on results they would be fired. It’s all about style over substance…like Joe Biden…if you can’t dazzle them with brilliance…baffle them with bullish!t.

That‘s long been SOP for politicians…particularly the Democrat variety.

 

[Afrikeber]

Calendar, no such thing as business days in the federal court system.

Copy

 

[babalou]

You sign away any HIPAA issues when you sign the 77R, they can look at anything they want, but generally concentrate on mental health and drug use.

What I thought. Thanks

 

[Cal68]

Congratulations and a big THANK YOU to MSI for delivering this great win for all of us. I am proud to be a member.

Cal68

 

[Vile Shadow]

I heard about this at work yesterday and I thought he was full of shit. Glad I was wrong, but I wont officially believe it til I buy a pistol without that goddamn thing

 

[Mark75H]

I heard about this at work yesterday and I thought he was full of shit. Glad I was wrong, but I wont officially believe it til I buy a pistol without that goddamn thing

Like Yogi Bera was quoted as saying "It ain't over til it's over"

I have an alternate take on the court process. If they ask for en banc, and lose with the full 4th they will take it up to the Supreme Court knowing they will lose there as well for the propaganda election talking point of their need to change the balance of the court. Blue state correlating laws nullified adding to pearl clutching, tooth gnashing, and tears for additional effect (and media coverage).

 

[dblas]

Like Yogi Bera was quoted as saying "It ain't over til it's over"

I have an alternate take on the court process. If they ask for en banc, and lose with the full 4th they will take it up to the Supreme Court knowing they will lose there as well for the propaganda election talking point of their need to change the balance of the court. Blue state correlating laws nullified adding to pearl clutching, tooth gnashing, and tears for additional effect (and media coverage).

I doubt they would appeal for Cert, given that there are at least six other states with an HQL/FOID scheme, that would also be affected by any ruling against Maryland. No, all of those states are calling Brown and telling him to STFU and eat it, much like Maryland and other states with G&S called DC and told them to STFU and eat it after the Wrenn decision.

 

[Mark75H]

One of us is right and I hope it is you.

 

[EXIT WOUND]

Damn, I just renewed in August. Maryland owes me a refund.