CA4 Issues Stay, Expedites Appeal

[Garet Jax]

You have the same rights that Mr. Woollard exercised: The cause of action provided by 42 usc 1983 and the award of fees under 42 usc 1988 (if you prevail). If you want money, there is a whole body of law out there that allows recovery of damages. But you got to prove loss. If you can't prove damages, you get injunctive relief, just like Mr. Woollard and, if you ultimately prevail, you get your fees and costs. If you got tossed in jail, or lost your job, or got hurt, well, then you are talking damages.....

So in theory then - every one in this State since Legg's original decision that has been attacked, injured or murdered might have a good case for damages?

 

[fightinbluhen51]

And for that I happily defer to my much more knowledgeable brethren in the leadership of MSI.

Agreed...keyword...might...

 

[danielw]

should we try to make the oral arguements standing room only.

 

[esqappellate]

So in theory then - every one is this State since Legg's original decision that has been attacked, injured or murdered might have a good case for damages?

No. The police and the State have no cognizable legal duty in law or in equity to protect you, John Q. Public. And just to elaborate, the 2A is far from clearly established law. We all act like the meaning of the 2A is craved in stone, obvious to all who merely give the stone a glance. It's not and no court will hold that it is, especially when it comes to carry outside the home. If the police or the state officers do not violate clearly established law, then they have qualified immunity from damages. You still get prospective injunctive relief and fees and costs. We are litigating here to establish the parameters of the right through the courts which, under our Constitution, have the last word on the subject, subject to an amendment to the Constitution or constitutional convention.

 

[Zaicran]

Everyone remain calm...a stay does not mean we lose...

Frustrating I know...but in the grand scheme of this issue...IMHO is trivial.

Sent from my DROIDX using Tapatalk 2

 

[OnTarget]

I personally think that our debates only serve to generate ideas/solutions for the St. of MD in their quest to win the Wollard case.

 

[fightinbluhen51]

I personally think that our debates only serve to generate ideas/solutions for the St. of MD in their quest to win the Wollard case.

Not a chance...

 

[esqappellate]

I personally think that our debates only serve to generate ideas/solutions for the St. of MD in their quest to win the Wollard case.

Sure, but these guys are sophisticated legal actors. Its all pretty obvious stuff, even to them. The difficult part for the state lies in the dirty nitty gritty of getting restrictions enacted. April was not lost on them. This is where the community's awareness and support of MSI (plug inserted) will be critical.

 

[Elliotte]

its all good, We have waited so long whats another month or so

Except it's not just "another month or so". It's 2 1/2 months till oral arguments (all of the written briefs haven't been filed yet), then another 3, 4, 5+ months until we receive a decision. If I recall correctly, Judge Legg heard oral arguments at the district level around October of last year and didn't release his decision until March. So we're looking at likely January or so at the earliest, that's 5 months difference. In the long term scheme of things that's not very long, but when you were less than a week away from the first set of permits being issued, that is a big deal.

 

[esqappellate]

Except it's not just "another month or so". It's 2 1/2 months till oral arguments (all of the written briefs haven't been filed yet), then another 3, 4, 5+ months until we receive a decision. If I recall correctly, Judge Legg heard oral arguments at the district level around October of last year and didn't release his decision until March. So we're looking at likely January or so at the earliest, that's 5 months difference. In the long term scheme of things that's not very long, but when you were less than a week away from the first set of permits being issued, that is a big deal.

Certainly aggravating for sure!! Sorta like a child who is teased with a lollipop until it is snatched out of reach at the last second. I'm probably in the first 365 and I could almost *taste* that permit.....

 

[Inigoes]

Except it's not just "another month or so". It's 2 1/2 months till oral arguments (all of the written briefs haven't been filed yet), then another 3, 4, 5+ months until we receive a decision. If I recall correctly, Judge Legg heard oral arguments at the district level around October of last year and didn't release his decision until March. So we're looking at likely January or so at the earliest, that's 5 months difference. In the long term scheme of things that's not very long, but when you were less than a week away from the first set of permits being issued, that is a big deal.

A Christmas present from the CA4 would be awesome

 

[LCPIWB]

Certainly aggravating for sure!! Sorta like a child who is teased with a lollipop until it is snatched out of reach at the last second. I'm probably in the first 365 and I could almost *taste* that permit.....

I could smell it. It had that new car plasticy smell.

 

[cantonglocker]

I could smell it. It had that new car plasticy smell.

i would have smelled like liberty, but now all i can smell is the shit stain on MD politicians and lazy judges.

 

[jkray]

A Christmas present from the CA4 would be awesome

Well my birthday is on the 27th of October, so I am secretly hoping for a ruling similar to the stay where it is about 3 sentences long saying that they side with Wollard/Gura/Hansel etc. and issued on the 26th or thereabouts.

While I know this wont happen, I am still dreaming for it

 

[Knuckle66]

Heck when I carry with my FL or VA permit, I carry my .45 Colt 1911 IWB, locked and cocked (or more rarely my 9mm Browning Hi Power). With it, I can draw and fire and hit CM at 7 yds in under 2 seconds With my TT Leather custom holster, I hardly know it there. I am a big guy (6.3 and over 200lbs) -- I like carrying a piece that I know will do the job and smaller guns just don't fit my big mitts.

I have a Sig P220 Match Elite, but that seems a little big for CC. I'm also a big guy standing at 6'1" and 230lbs. Since i don't have a CC permit in any other state I'm not used to all the weight on my belt when I carry at home.
I really thought I was one of the 365 it sucks that we were so close so I'm going to relax and have a nice cool beverage and let Gura do his thing while I shop for a new gun.

 

[MDFF2008]

No one knows who the 365 are.

 

[lx1x]

No one knows who the 365 are.

I be rich if I collect a nickle for everytime I see this or,who are the so called 356 people. Lol

 

[Rossi357]

Wasn't there a tv show about the 365? They were abducted by aliens and returned to earth with special powers. I can't remember the name of the show.

 

[lx1x]

Wasn't there a tv show about the 365? They were abducted by aliens and returned to earth with special powers. I can't remember the name of the show.

I think thats no. 7 movie or something.

 

[esqappellate]

Wasn't there a tv show about the 365? They were abducted by aliens and returned to earth with special powers. I can't remember the name of the show.

No, I think that's a different group. This group of 365 are descended from the 300 selected to face King Xerxes at the Battle of Thermopylae. Very special. There may have been a movie about it, I think...