The 180 day clock would not have stopped unless the rehearing was granted and the decision was vacated. Jun e 6th is when the stay expires and the injunction will be in full force.
The 90 day clock for petition for a grant of cert begins today. The petition must be filed by May 20th, if my count is correct. Here's the counter point: Once the petition for cert is filed, Madigan can ask for a continuance of the stay... and it will be granted.
Originally Posted by BGutzman
My read was this is far from a good win... The text is disturbing in that it spells out a long list of places where the court believes restrictions can be imposed. It also spells out that the 2A in its opinion only exist for the right of self defense and that in its opinion the 2A does not apply to militia style weapons.
I don't know what to say... Its kind of a win but not so much....
Um, no. The "Court" is not saying this. That is what the dissenters are saying for their reasons to uphold the motion for the en banc
rehearing. It is mostly a rehash of the reasons used in Kachalsky.
There was one thing they added that I thought was hilarious! They used the problematic shooting of innocents, by NYC cops, when they indiscriminately and en masse
shot the BG.
The problem with that data-point is that we can empirically show that the police are not very good shots. There are literally dozens of such cases.
However, when a defensive shooter (Good Guy = GG) engages a BG outside the home and on the street, the Good Guy uses less shots and makes more direct hits. Add to that, that the GG does not engage the BG en masse
with a bunch of other shooters. It is almost always done alone. So even if a lot of shots occur, it is not hundreds of shots as most often occur with massed police forces.