Feb 10 trial date

[The sphinx]

http://m.washingtontimes.com/news/2013/oct/16/trial-date-set-case-challenging-new-maryland-gun-l/

 

[DadOSix]

Thanks!

 

[Shift]

Feb 10th is expedited?

Why does this court stuff have to take so damn long, why not next week or maybe next month. The way this stuff drags out for years drives me crazy.

 

[dblas]

30 days for the defendants to reply to the complaint, 30 days for a counter to the reply, so that's 60 days, then time for the judge to take it all in and then have the hearing.

 

[teratos]

Note that is says "An NRA backed Lawsuit"

 

[-Z/28-]

Great so right at the start of next year's legislative session. Next February and March are going to be very busy for all of us.

 

[CrazySanMan]

Plaintiffs in a second case that challenges the new laws have agreed to hold off on any immediate hearings in their case while the other case works its way through the court system.

Does this mean they won't go for an injunction to stop the HQL process?

 

[Robert]

Does this mean they won't go for an injunction to stop the HQL process?

Smarter people then I are on the case, but it doesn't 'feel right' to me. This could be a VERY long wait.

 

[RRHemi]

I heard we had a ding dong of a lawyer for the injunction hearing. Is this the same legal team?

 

[Xander]

Hs anyone gotten a transcript from the TRO hearing?

 

[dblas]

I heard we had a ding dong of a lawyer for the injunction hearing. Is this the same legal team?

Yes, it is still the same legal team.

 

[sleev-les]

Yes, it is still the same legal team.

I can only hope they get their act together then

 

[abean4187]

I can only hope they get their act together then

Ditto, their showing was incredibly poor last time. Hopefully they will get their act together next time around.

Frankly, this should be a slam dunk for us. There have been previous decisions on how you can’t license a right and there have been previous decisions on how commonly owned firearms can’t be banned. If we lose this one it’s going to be either because of corrupt judges or a terrible legal team.

 

[Immersion]

Fingers crossed.

 

[K-Romulus]

Ditto, their showing was incredibly poor last time. Hopefully they will get their act together next time around.

Frankly, this should be a slam dunk for us. There have been previous decisions on how you can’t license a right and there have been previous decisions on how commonly owned firearms can’t be banned. If we lose this one it’s going to be either because of corrupt judges or a terrible legal team.

Not so fast - the 2d Cir just ruled that NYC handgun permit fees were allowable "admin cost recoupment".


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[SFbrah]

Ditto, their showing was incredibly poor last time. Hopefully they will get their act together next time around.

Frankly, this should be a slam dunk for us. There have been previous decisions on how you can’t license a right and there have been previous decisions on how commonly owned firearms can’t be banned. If we lose this one it’s going to be either because of corrupt judges or a terrible legal team.

I feel the same way.

There is a ton of "low hanging fruit" in the bill which can be attacked, successfully at that, in my opinion.

All we are looking for is a ruling in our favor. If we stay away from the self righteous (albeit honorable) "shall not be infringed means shall not be infringed" talk and go for that low hanging fruit which has tons of precedence that is either directly related and/or can be indirectly inferred to apply to this bill, we have a good shot at invalidating a part of the bill. If that happens, i believe that would invalidate the bill as a whole (at least that's my understanding, the whole bill will have to be rewritten. Could be wrong).

At the end of the day, just do what works.

Take a page from the "affordable care act" supreme court hearing. Obama said time and time again, to the public, "it's not a tax". In court, Obama's legal team argued that it was a tax so it passed. Time to play dirty like the Democrats.

 

[sleev-les]

Not so fast - the 2d Cir just ruled that NYC handgun permit fees were allowable "admin cost recoupment".


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I may be just spitballing here, but we do pay a "fee" every time we buy a regulated firearm. $10 goes to MSP each purchase. A fee is a fee, but not a license. Now, they could turn around and try next time to make the fee go to $50 or more (as an example), but making someone go through licensing is a separate argument and has already been deemed as "can't license a right." So, if NY's ruling is based on fees and not licensing, hopefully they attack the issue at a different angle.

 

[RRHemi]

The word was that the legal team that was present for the injunction was less knowledgeable about SB281 than the opponent. Described as embarrassing.

Telescoping stocks were in SB281 so it sure would seem they knew about it. Not so sure too many folks will do much cheering about the "leniency" i.e. strikeouts found in SB281. For example, I believe MD is the only state where there is an outright ban on M1A's.

 

[Robert]

The word was that the legal team that was present for the injunction was less knowledgeable about SB281 than the opponent. Described as embarrassing.

Telescoping stocks were in SB281 so it sure would seem they knew about it. Not so sure too many folks will do much cheering about the "leniency" i.e. strikeouts found in SB281. For example, I believe MD is the only state where there is an outright ban on M1A's.

NJ?

 

[RRHemi]

NJ?

From NJSP:

"Both the Division of Criminal Justice and the State Police Firearms Unit have received a number of inquiries whether the Colt Match Target Rifle and the Springfield M1A are considered assault firearms under New Jersey law.

Based on our review of the law and the Attorney General guidelines, we conclude that neither of the two firearms are prohibited under State law."