THE STAY IS LIFTED! effective in 14 days

[swinokur]

second page left side..

However.....would not be in violation....

1. The individual is licensed by the state or political subdivision to possess the firearm, and the license was issued after law enforment officials verified that the individual is qualified to received the license;



am i reading it wrong?

No. That's why having a VA permit if you spend time in VA is a good idea so you don't violate the GFSZA.

 

[lx1x]

No. That's why having a VA permit if you spend time in VA is a good idea so you don't violate the GFSZA.

i plan on getting one since i have relatives there..

 

[kohburn]

Federal GFSZA

Once a customer leaves private property located within 1,000 feet of a school with a firearm, they MAY be in violation of Federal Law.

then everything else in there includes reasons that you are NOT in violation

- licensed to do so
- firearm unloaded in locked container
- for school approved program
- under contract with the school
- LEO

"if the individual possessing the firearm is licensed to do so by the state"

 

[swinokur]

Getting the VA NR CCW is easy.

http://www.vsp.state.va.us/Firearms_NonresidentConcealed.shtm

 

[kohburn]

does reciprocity count as the State licensing you to do so? isn't the idea that they accept your license from another state being equivalent to being licensed by them directly?

 

[lx1x]

Getting the VA NR CCW is easy.

http://www.vsp.state.va.us/Firearms_NonresidentConcealed.shtm

I know. Procrastinating is my expertise(sp?)

 

[swinokur]

does reciprocity count as the State licensing you to do so? isn't the idea that they accept your license from another state being equivalent to being licensed by them directly?

This has been argued ad nauseum both here and on other forums. There is no case law AFAIK. According to the BATFE opinion, NO. You must have a permit from the state the school is in.

 

[esqappellate]

Isn't FL good in VA? Do you gain anything by having a VA permit over using FL's reciprocity in VA?

yes, FL is good in VA, and a non-resident VA permit is not good in FL. But FL and VA have slightly different reciprocity across the country. For example, my non-resid permit is good in WI, but FLorida's is not. That said, FL definitely has greater coverage than VA, with several more states than VA. But that's ok, as I wanted VA because I go there all the time (I am 3 miles from the river and my son goes to school in VA) and it allows me to go by the schools in VA without any fear of inadvertently violating the GFSZA, See 18 U.S.C. 922(q)(2)

 

[esqappellate]

does reciprocity count as the State licensing you to do so? isn't the idea that they accept your license from another state being equivalent to being licensed by them directly?

No, it doesn't count.

 

[esqappellate]

I'm not sure, but I thought most said we had to get past 08/07, not 08/08.
Correct me if I am wrong.

The stay is lifted 14 days after the entry of the latest order, which was July 23. Under the FRCP, you start counting on the next day, 7.24. The 14 days thus run from 7/24 through and including all of August 6, and thus expire as of 12;01 AM August 7.

 

[Boondock Saint]

The stay is lifted 14 days after the entry of the latest order, which was July 23. Under the FRCP, you start counting on the next day, 7.24. The 14 days thus run from 7/24 through and including all of August 6, and thus expire as of 12;01 AM August 7.

Glad that you were able to clarify that. I had been under the impression that it was the 8th, as were many others.

 

[Rossi357]

A question for the legal wizards here.
It the CA leaves Judge Legg's ruling stand, and SCOTUS denies cert, how persuasive would this be with all the other cases in other districts.

 

[Gray Peterson]

A question for the legal wizards here.
It the CA leaves Judge Legg's ruling stand, and SCOTUS denies cert, how persuasive would this be with all the other cases in other districts.

Quite persuasive on the circuits.

 

[esqappellate]

A question for the legal wizards here.
It the CA leaves Judge Legg's ruling stand, and SCOTUS denies cert, how persuasive would this be with all the other cases in other districts.

The CA4 decision will be controlling precedent in the CA4 and in all district courts in the CA4. The CA4 consists of Maryland, West VA, VA, NC and SC. In all other circuits it is regarded as "persuasive" precedent, not binding on district courts in that circuit or on other CAs in other circuits. How persuasive is a product of how well it is reasoned and just how it sits with the other court.

 

[dfens42]

Quite persuasive on the circuits.

Especially if the Supremes refuse to hear it.

 

[Hellphish]

Especially if the Supremes refuse to hear it.

with Roberts new pension to rule based on the courts reputation and political pressure, SCOTUS not hearing the case if CA4 goes well may be a life saver.

 

[esqappellate]

Especially if the Supremes refuse to hear it.

Actually lots of SCT cases say that a cert denial is entitled to no weight.

 

[jleahey]

atty your mail box is full

 

[esqappellate]

atty your mail box is full

Mine isn't

 

[Jester]

If they're forced to be a Shall Issue state I don't think they'll make it any easier than necessary.

At this moment, Maryland has no training requirement.