xbaltzx Posted July 24, 2012 at 09:01 PM Posted July 24, 2012 at 09:01 PM I did not see an existing thread referring to the Wollard case out of Maryland. Anyways, the stay regarding the validity of the Good and Substantial clause was lifted. Original thread on Wollard:http://www.mdshooters.com/showthread.php?t=40649&page=1Thread regarding lifting of stay on mdshooter:http://www.mdshooters.com/showthread.php?t=87545Link to Order Lifting Stay:http://www.marylandshallissue.org/share/order.stay.pdf In the event IL gets may issue, I hope we can leverage Wollard.
miztic Posted July 24, 2012 at 09:24 PM Posted July 24, 2012 at 09:24 PM That's great news! Here's to hoping the SCOTUS declines to take the case Nice job to everyone who worked hard on that one. Now I'm wondering if the 7th was waiting on this ruling.
Gary Posted July 24, 2012 at 09:25 PM Posted July 24, 2012 at 09:25 PM It was discussed on Todd's facebook account.
GarandFan Posted July 24, 2012 at 09:34 PM Posted July 24, 2012 at 09:34 PM Indeed ... that is very good news! Thanks for posting. Miztic: It has to go through the 4th circuit court first. The Maryland district court in this case will likely have no bearing on the pending 7th circuit case.
Patriots & Tyrants Posted July 24, 2012 at 09:59 PM Posted July 24, 2012 at 09:59 PM Thank god if we get may issue I know someone connected to the Chicago machine. If we get may issue I have a feeling CCW permits will come down to who is connected or willing to donate lots of money to politicians.
GarandFan Posted July 24, 2012 at 10:45 PM Posted July 24, 2012 at 10:45 PM If you get may-issue, it will be challenged in court. And at the same time, the ongoing efforts in the legislature to pass a solid shall-issue bill will continue. The current court challenges to discretionary-issue type systems in other states would help greatly in the event that the 7th circuit panel is so short-sighted as to suggest discretionary issue systems don't violate the right to bear arms.
willxjcherokee Posted July 25, 2012 at 03:23 AM Posted July 25, 2012 at 03:23 AM Could this potentially affect our 7th circuit decision?
bob Posted July 25, 2012 at 11:03 AM Posted July 25, 2012 at 11:03 AM A word I can't recall ever seeing before - ineluctably. I have long expected that the various may issue schemes will become de facto shall issue by court edict for various reasons. The 2A is just one of them as is basic fairness (sometimes called due process). I actually think there is a much stronger due process case than a 2A case in this kind of thing, but the courts have generally yet to see it that way. Probably because it opens up another can of worms they would just as soon see remain closed for now. Most states have a whole series of this type of arbitrary regulation in all kinds of areas outside of firearms that would be at risk.
miztic Posted July 25, 2012 at 01:11 PM Posted July 25, 2012 at 01:11 PM Indeed ... that is very good news! Thanks for posting. Miztic: It has to go through the 4th circuit court first. The Maryland district court in this case will likely have no bearing on the pending 7th circuit case. Thanks GF, In my excitement I completely missed this was NOT a ruling from the 4th circuit, everyone on MDshooter was talking about the 4th so I got confused I guess It will be nice to get maryland on board, I would like reciprocity with FL/UT or the IL permit if possible too.
GarandFan Posted July 25, 2012 at 01:46 PM Posted July 25, 2012 at 01:46 PM Well ... we could only wish it would have come out of the 4th circuit! The Maryland AG has appealed to that court, however, and there is some talk that he might try to get the 4th circuit to stay the district court's ruling while the appeal process moves forward. Here is hoping he doesn't, or hoping the 4th circuit won't consider or grant a stay. People in Maryland are suffering irreparable harm by being denied the means to defend themselves.
Xwing Posted July 25, 2012 at 03:04 PM Posted July 25, 2012 at 03:04 PM I just saw that news this morning. Great to hear! Now if only the 7th will rule in a similar manner! It seems to me that it would force Maryland into "Shall Issue" instead of "May Issue". But the stay is so new, we'll have to see how it plays out. I don't know why this isn't front page news. It's huge!
citrix_guy Posted July 30, 2012 at 04:25 PM Posted July 30, 2012 at 04:25 PM Of course the State in Wollard just asked for another stay... While they appeal. The stay was lifted but the state is not going down without a fight...http://www.wjla.com/articles/2012/07/md-attorney-general-seeks-stay-on-gun-ruling-78250.html People in gov sure do love their power to dictate and decide. Its human nature. Its a shame though that in their personal lives most humans can understand they are doing something stupid, or trying to fight a losing battle. but once a state's momentum is behind something its like trying to stop the Titanic. A damn shame.
Federal Farmer Posted August 1, 2012 at 10:23 PM Posted August 1, 2012 at 10:23 PM Stay issued by 4th Circuit Appeal Court.
xbaltzx Posted August 1, 2012 at 10:34 PM Author Posted August 1, 2012 at 10:34 PM Stay issued by 4th Circuit Appeal Court. I saw that...I am not hating it. At least they expedited the case by setting a date for the orals on the merits (end of Oct).
GarandFan Posted August 1, 2012 at 10:38 PM Posted August 1, 2012 at 10:38 PM Stay issued by 4th Circuit Appeal Court. Not surprised ... but DAMNIT!
colt-45 Posted August 1, 2012 at 10:44 PM Posted August 1, 2012 at 10:44 PM so what does this mean stay? it will stay as he ruled or something worse?
lockman Posted August 1, 2012 at 10:46 PM Posted August 1, 2012 at 10:46 PM Don't they usually only issue a stay if the court believes the appellant is likely to prevail?
lockman Posted August 1, 2012 at 10:47 PM Posted August 1, 2012 at 10:47 PM so what does this mean stay? it will stay as he ruled or something worse? It means until the 4th rules on the case Maryland remains may-issue.
lockman Posted August 1, 2012 at 10:48 PM Posted August 1, 2012 at 10:48 PM At least they were technically shall-issue for a few days!
colt-45 Posted August 1, 2012 at 10:52 PM Posted August 1, 2012 at 10:52 PM so what does this mean stay? it will stay as he ruled or something worse? It means until the 4th rules on the case Maryland remains may-issue.thank you thats what i was thinking it was. does anyone think he will rule for shall-issue? cause what i have read it looks like it or he wouldn't of rule a stay right?
Xwing Posted August 1, 2012 at 10:58 PM Posted August 1, 2012 at 10:58 PM Stay issued by 4th Circuit Appeal Court. That didn't take long
miztic Posted August 1, 2012 at 11:52 PM Posted August 1, 2012 at 11:52 PM How can they grant the stay! The state did a terrible job arguing their case and i was under the impression that the judge that lifted the stay had to abuse his authority in some way to get overruled like this. Too bad
colt-45 Posted August 2, 2012 at 12:04 AM Posted August 2, 2012 at 12:04 AM How can they grant the stay! The state did a terrible job arguing their case and i was under the impression that the judge that lifted the stay had to abuse his authority in some way to get overruled like this. Too bad me to.
lockman Posted August 2, 2012 at 12:45 AM Posted August 2, 2012 at 12:45 AM so what does this mean stay? it will stay as he ruled or something worse? It means until the 4th rules on the case Maryland remains may-issue.thank you thats what i was thinking it was. does anyone think he will rule for shall-issue? cause what i have read it looks like it or he wouldn't of rule a stay right? This is the Federal 4th Circuit Court of Appeals, it is most likely a three judge panel that will hear the case.
bob Posted August 7, 2012 at 02:09 AM Posted August 7, 2012 at 02:09 AM http://www.volokh.com/2012/08/06/amicus-brief-in-woollard-v-gallagher-maryland-right-to-bear-arms-case/#disqus_thread
Buzzard Posted August 10, 2012 at 11:45 AM Posted August 10, 2012 at 11:45 AM Why am I seeing "If we get may issue..." in this thread?? I was under the impression that may issue would be dead on arrival - as far as our pro-gun coalition was concerned. What has changed that I have not been informed of?? I don't visit Facebook as I don't need another reason to keep me chained to this laptop. So I have not read Todd's page. Can someone give me that link, please?
GarandFan Posted August 10, 2012 at 11:54 AM Posted August 10, 2012 at 11:54 AM Don't know if this has been posted, but ... LINK TO ALL BRIEFS IN THE 4TH CIRCUIT WOLLARD CASE - http://www.hoffmang.com/firearms/woollard/
miztic Posted August 10, 2012 at 03:48 PM Posted August 10, 2012 at 03:48 PM I'm reading the amicus brief, it completely rips apart the VPC's made up statistics on "concealed carry killers" as they call them. It's a fun read
TFC Posted August 11, 2012 at 04:25 AM Posted August 11, 2012 at 04:25 AM Why am I seeing "If we get may issue..." in this thread?? I was under the impression that may issue would be dead on arrival - as far as our pro-gun coalition was concerned. What has changed that I have not been informed of?? I don't visit Facebook as I don't need another reason to keep me chained to this laptop. So I have not read Todd's page. Can someone give me that link, please? Getting that "sold out" feeling? You're not alone. A few connections of mine in the media are hinting that something is in the works.... something that leaves right to carry supporters in Chicago out in the cold.
bob Posted August 11, 2012 at 10:50 AM Posted August 11, 2012 at 10:50 AM Getting that "sold out" feeling? You're not alone. A few connections of mine in the media are hinting that something is in the works.... something that leaves right to carry supporters in Chicago out in the cold.Rumors are just rumors. At present we are all out in the cold and there is little prospect of that changing in the immediate future.
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