Bruen-One year later

[swinokur]

Today is the one year anniversary of the decision that finally forced many anti gun states like MD to release their strangle hold on our 2A rights. Most of us who waited years for this (original 365’er) have finally gotten our permits. As expected by many, MD and other anti gun states have tried to subvert Bruen by declaring entire areas sensitive places, which will ultimately fail IMO.

What are the forum’s members thoughts on future litigation, where we are now, and where we are going?

 

[Brickman301]

Happy anniversary!
As far as the future goes, I predict that Maryland will continue to try to screw us over, even if/when they lose multiple times. They know every time they make a law it will be challenged, and will be held up in the courts for a while. While doing so, they in their eyes are “still winning”
Hope I’m wrong, but Maryland is going to Maryland.

 

[ezracer]

WOW one year already. I concur. Merry-Land will do what it always does.......create MORE gun laws to "PROTECT" the citizenry.



Meanwhile, the perps will continue to get their wrists slapped.

 

[jc1240]

Happy anniversary!
As far as the future goes, I predict that Maryland will continue to try to screw us over, even if/when they lose multiple times. They know every time they make a law it will be challenged, and will be held up in the courts for a while. While doing so, they in their eyes are “still winning”
Hope I’m wrong, but Maryland is going to Maryland.

Sad thing is they will eventually get the SCOTUS they want who will gleefully reverse this decision when the opportunity presents itself.

 

[RFBfromDE]

 

[rambling_one]

Happy anniversary!
As far as the future goes, I predict that Maryland will continue to try to screw us over, even if/when they lose multiple times. They know every time they make a law it will be challenged, and will be held up in the courts for a while. While doing so, they in their eyes are “still winning”
Hope I’m wrong, but Maryland is going to Maryland.

You’re description of their tactic is spot on.

 

[Doctor_M]

I applaud Bruen... I weep that in a little over 3 months, our rights will be even further curtailed because Maryland law makers have no respect for the Supreme Court or the US Constitution. I'm not calling for a meteor to hit the MGA.... but I probably wouldn't shed a lot of tears if it did.

 

[Sundazes]

Approximately 120K permits issued in that year.

 

[Uncle Duke]

What states like Maryland don't agree with, they'll look for and continue to find ways to circumvent. And toward that end, and to the extent that they're challenged along the way, they'll simply use your taxpayer money to further and defend their infringement endeavors against Bruen.

Circumvent, litigate for free, and ignore whenever feasible. That is the strategy I see.

Sadly, there's no real incentive for them to do otherwise. And here in later years, they don't even care that what they're doing is obvious.

 

[Harrys]

Today is the one year anniversary of the decision that finally forced many anti gun states like MD to release their strangle hold on our 2A rights. Most of us who waited years for this (original 365’er) have finally gotten our permits. As expected by many, MD and other anti gun states have tried to subvert Bruen by declaring entire areas sensitive places, which will ultimately fail IMO.

What are the forum’s members thoughts on future litigation, where we are now, and where we are going?

Some of NJs insane gun laws were upheld by the Appeals Court. I think there may be more challenges.

MSN

www.msn.com

Maryland, however, threw spaghetti to the wall to see what sticks. They made even more outrageous and increased laws that they never had before. I do not think they will have any standing when it comes down to it.

 

[Alutacon]

There was over a decade between Heller and Bruen. I think the question is whether the SC will wait another decade to take up one of these sensitive places, etc. Statutes or will they nip this BS in the bud right away. I have no idea of the answer, but I am fearful they'll wait for the Circuits to make a complete mess of it before they step in.

 

[Alutacon]

And BTW, Thomas is getting no younger.

 

[coinboy]

Is the Supreme Court Ready to Walk Back Last Term’s Historically Awful Guns Ruling?

The court is likely to accept a Second Amendment case for review soon, perhaps as early as this month.

slate.com

 

[MattFinals718]

Sad thing is they will eventually get the SCOTUS they want who will gleefully reverse this decision when the opportunity presents itself.

Not a winning strategy, IMHO. It's possible, sure, but I wouldn't count on it.

 

[Allen65]

Some of NJs insane gun laws were upheld by the Appeals Court. I think there may be more challenges.

MSN

www.msn.com

Maryland, however, threw spaghetti to the wall to see what sticks. They made even more outrageous and increased laws that they never had before. I do not think they will have any standing when it comes down to it.

What happened in 3CA isn't actually quite that bad. Some portions of the preliminary injunction were overturned, but the injunction against NJ's "default ban everywhere unless posted" was allowed to remain, as was the injunction against mandatory insurance and a few other parts of the law. And this action was only by an administrative panel on an emergency appeal by NJ; it's not any sort of final ruling.

And back to the OP's question...yes, I think MDGA will continue indefinitely to throw new random acts of infringement against the wall in the hope that a small part sticks while we go bankrupt funding (ultimately successful) legal challenges. Gawd, that's a depressing scenario.

 

[Malachi.2.15]

Good review...and summary of what is happening now.

 

[lazarus]

Is the Supreme Court Ready to Walk Back Last Term’s Historically Awful Guns Ruling?

The court is likely to accept a Second Amendment case for review soon, perhaps as early as this month.

slate.com

The case in question on domestic abusers, I've got no clue how the court is going to rule.

I wouldn't put money on them upholding the decision in this case. They always seem to be more than happy to limit and curtain rights for those convicted or accused of crimes.

For NJ (and NY?) I think they've got the chance to actually rule on PI applications to them now that the appeals court has a final decision on a PI. Not a writ of mandamus request, which SCOTUS almost never issues. Maybe not. Maybe we are a couple or a few years for a sensitive places law to hit SCOTUS.

I doubt it'll be 10 years though. Maybe 2-4 unless appeals courts really just drag out the cases like crazy.

AWBs, damned if I know. I am in a real negative mood this morning about them and that courts just seem to consistently be turning down PIs. I get the feel that SCOTUS would still hollow out any AWBs. But I've got no clue, maybe the courts will point back to bowie knives and say "sure, that works for an analog. Relief denied". Or maybe they'll point to something else and say "it has to be common and not unusually dangerous, denied" and not bother ruling on WTF unusually dangerous or common means.

Damned. If. I. Know.

But at least on the sensitive places, I do think SCOTUS will end up ruling on it in the not too distant future and pretty sure most of the shenanigans of the states are going to get stomped unless the make-up of the court changes dramatically. All of the conservative justices signed on to Thomas opinion in Bruen. Yeah, there were some separate opinions written by conservative justices too of some waffling, but still back to the crap places like MD, NJ, and NY are pulling trying to make it effectively no-carry outside of the home. "Fine, we will issue you a permit after massive burden and time, but now we are going to make it absolutely worthless because you pretty much can't carry"

 

[coinboy]

I wouldn't put money on them upholding the decision in this case. They always seem to be more than happy to limit and curtain rights for those convicted or accused of crimes.

My understanding of the case is that the man was not convicted at the time of the infraction and that was the issue. He was under indictment and lied on the 4473. He posed the issue that the question (Are you currently under indictment?) itself is unconstitutional under Bruen for 1. There is no text history and tradition and 2. Because an indictment is not a conviction and all people are to be treated as innocent until proven guilty.

 

[owldo]

Today is the one year anniversary of the decision that finally forced many anti gun states like MD to release their strangle hold on our 2A rights. Most of us who waited years for this (original 365’er) have finally gotten our permits. As expected by many, MD and other anti gun states have tried to subvert Bruen by declaring entire areas sensitive places, which will ultimately fail IMO.

What are the forum’s members thoughts on future litigation, where we are now, and where we are going?

I wish there was a suit that was broad faceted enough that brought all the major objections to all these local attempts to undermine Bruen together. The left is just trying to stall as long as they can with there anti 2nd Amendment laws until they hope they get back control of SCOTUS.

 

[Allen65]

I wish there was a suit that was broad faceted enough that brought all the major objections to all these local attempts to undermine Bruen together. The left is just trying to stall as long as they can with there anti 2nd Amendment laws until they hope they get back control of SCOTUS.

The plaintiff has no control over the choice of judge at District or the three judges chosen for the panel at the Appellate level. If we put all our eggs in one basket and pull the short straw, we're screwed on everything until and unless the case makes it to SCOTUS in a half decade or so.

Also, IIRC, attorneys are often limited by courts in the size of their briefs. The broader the claims, the harder it is to include all the arguments and cites needed in a document limited to X number of pages. Better to take on the worst first, and use the space given to make really solid arguments on a subset of issues than generalize and lose on everything.