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March 5, 2012, 02:24 PM | #26 |
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It's never over. But a win is a win.
The day after the 28th amendment gets passed with the text "Citizens may buy, keep, carry and use all guns of any type whereever and whenever they desire" you can bet the campaign to repeal it will begin. Sponsored by the usual suspects. We won't give up, why should we expect them to??
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March 5, 2012, 02:41 PM | #27 | |
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March 5, 2012, 03:44 PM | #28 |
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Question..This is federal district court...for Maryland...does this case need to be appealed up one level to affect Washington DC? Or two levels?
I am wondering because of DC's sudden willingness to modify it's firearm law because of "pending court rulings" and the spotlight Emily Miller has put on their firearm's laws? Edit to add second question: Do you think that DC will put political pressure on MD to try keep it from being appealed? |
March 5, 2012, 04:12 PM | #29 |
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It was a Federal court ruling on the constitutionality of a provision in a Maryland State law. It could apply the the entire US, but likely each State with laws and provisions similar to Maryland would have to be challenged separately.
Some of the lawyer types on TFL can correct me but I'm pretty sure that's the gist of it.
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March 5, 2012, 04:34 PM | #30 | |||
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March 5, 2012, 04:39 PM | #31 | ||
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Another nice quote from the decision:
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March 5, 2012, 05:04 PM | #32 | ||
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March 5, 2012, 05:11 PM | #33 |
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I've been watching this and the other carry cases very closely. Given how predictably the others seemingly have marched through the process, with loss after loss for the plaintiffs in the lower courts (Hightower, Muller, Kachalsky, Moore, Richards, Peruta, etc.), I was frankly ASTONISHED by this judgement. I would be equally astonished if MD just gave up... I can't believe they will, any more than Chicago and others of that... breed.
However... during the interim, is anything likely to happen for the people of MD in terms of the right to carry? I'm guessing not, if only because any right acknowledged now would be stripped away again if the appeal was lost, which just seems ridiculous... but a lot of this seems ridiculous to me anyways, so I have no way to know. Any thoughts from the legal cognoscenti here? Dan |
March 5, 2012, 05:16 PM | #34 |
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It's as huge a win in district court as you can get, is what this is. Maryland has no choice but to appeal, as this strikes a dagger into the heart of its handgun licensing scheme.
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March 5, 2012, 05:35 PM | #35 |
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I agree csmsss.
It should be understood that this was going to be appealed, regardless of who won. However... There is currently a bill before the MD legislature that would make MD a "shall issue" state and if passed (and signed into law), would moot any further action in the courts. However unlikely this might have been before this decision, it now requires its legislatures to rethink their positions. They can kill the proposed bill and take their chances in the Circuit Court. That can be real risky at this time, because a decision there will affect more than just MD. Then there is the SCOTUS to consider.... Think chess, not checkers. |
March 5, 2012, 06:09 PM | #36 |
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Awesome to read the news today - found it first on volokh in a post by david kopel today and have been following comments. Living in Illinois after the awful initial decision in one of the carry/bear lawsuits here - it was a real lift to finally see a lawsuit with a positive outcome - gives me hope that a case will reach the USSC before the composition is changed and that a ruling verifying the right to carry/bear arms is rendered.
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March 5, 2012, 06:33 PM | #37 |
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Al, I haven't followed Maryland politics as closely as I used to when I lived there quite some time ago. Do you really think O'Malley would sign a shall-issue bill if it passed the MD Legislature? And if he vetoed it, would the Legislature override?
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March 5, 2012, 07:00 PM | #38 |
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Maryland law unconstitutional
fox news is reporting that a Federal Judge has ruled Marylands carry law unconstitutional.http://www.foxnews.com/politics/2012...onstitutional/
Judge Legg is quoted as saying "A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights," Legg wrote. "The right's existence is all the reason he needs." Read more: http://www.foxnews.com/politics/2012...#ixzz1oI2eroXo good news. Probably the Illinois, California and all other restrictive Federal Judge rulings are going to SCOTS. |
March 5, 2012, 07:04 PM | #39 | |
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The MD Attorney General has 30 days to appeal, so we'll wait to see what happens. If he appeals, it goes to the 4th Circuit. Here's the fun part: Judge Legg uses a couple of recent 4th Circuit opinions to justify his decisionn. If the 4th wants to reverse, that puts them in an awkward position.
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March 5, 2012, 07:10 PM | #40 |
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Does this decision conflict with the decisions coming out of Illinois and the 9the circuit?
If so I thought that would cause an automatic appeal to SCOTUS? |
March 5, 2012, 07:17 PM | #41 |
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!!!!!!Yea!!!!!!
Yea first step.
Even the Washington Post put it up on the top line: http://www.washingtonpost.com/local/...osR_story.html
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March 5, 2012, 07:55 PM | #42 |
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The case will have to go to the First (?) Circuit Court of Appeals before anyone can ask the Supreme Court to accept it.
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March 5, 2012, 08:04 PM | #43 | |
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Now for the "no" part. It's a district (trial) court ruling, so it could be cited as persuasive authority in a challenge to a state law with similar provisions. However, it's not binding authority on any other district court, inside or outside the 4th Circuit. Once it goes up on appeal, the appellate court (Fourth Circuit) will make a decision, and that decision will be binding on all Fourth Circuit district courts. The 4th Circuit decision can be cited as persuasive authority in district courts of other circuits. If it is then appealed to SCOTUS, the SCOTUS decision will be binding on all circuit courts of appeal and all district courts.
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March 5, 2012, 11:30 PM | #44 | |
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Attorney General Fader said this evening that he plans on appealing, which will fast-track it to the 4th Circuit. Politically, he's expected to do so, but I'm guessing he knows he won't win. Legg's ruling uses Chester and Masciandaro to bolster his arguments, and I doubt they'll want to backpedal on those. The likely result? We'll have a 4th Circuit decision that conflicts with Moore in the 7th Circuit. That means it could be on its way to the Supreme Court next year. Over at CalGuns, Gray Peterson mentioned that a stay is unlikely to be granted, and that at the moment, Maryland is a shall-issue state. Hyperbole? Perhaps, but that apparently hasn't stopped folks from blowing up the phones at municipal offices statewide asking for applications
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March 6, 2012, 12:02 AM | #45 |
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md ruling
Sent a donation to, and joined the SAF right after I heard the decision. The NRA does a fine job, but the SAF is a ground roots org. I like that.
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March 6, 2012, 06:44 AM | #46 |
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Tom, did Judge Legg issue injunctive relief? I didn't see that in the opinion.
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March 6, 2012, 07:06 AM | #47 |
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The Md. attorney general was on WTOP (Washington, DC news radio) this morning talking about the appeal and how it's a matter of public safety.
Blah blah blah.
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March 6, 2012, 07:22 AM | #48 | |||
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March 6, 2012, 10:48 AM | #49 |
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Way cool. CA is now even further isolated from the real world, with VA retiring one-gun-a-month. In various counties, CA is effectively shall issue. it is mainly the open-minded, inclusive and innovative liberal bastions that are terrified about someone other than cops and criminals carrying concealed.
I might submit a copy of the opinion with my application, with a few words highlighted...
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March 6, 2012, 11:06 AM | #50 |
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I'll ask again. Does anyone know if Judge Legg ordered injunctive relief in this case? None of the reporting. I'e ead mentions it. The published opinion does not either.
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