Montgomery County Bill 21-22

[Alea Jacta Est]

Infringement by any other name is still infringement.

Liberal Tactic 101 …make them sue. That will require copious amount of their (conservative) time and money.

Little to no personal or professional consequence for subverting the Constitution of the United States or any SCOTUS ruling.

The Judiciary has become their most recent weapon. They will continually use it to bludgeon us and our God given rights.

 

[pcfixer]

You can claim that all day.

The real-world FACTS are that the government is going to enforce said unconstitutional law against you until such point as a court finds it is actually unconstitutional and orders the executive branch to not enforce it.

Continuing to harp or believe otherwise is as bad as liberals who believe in the good will fairy that everyone is nice and kind to everyone else and no person can be a bad person. Criminals don't obey laws, and the government will enforce unconstitutional laws UNTIL such time as a court orders them to stop doing it.

It is up to the individual if they decide the possible penalties are worth ignoring an unconstitutional law. In the vast majority of cases, even if a court agrees with them later, the person does not get the years of their life back from fighting the prosecution and possible conviction. The possible jail or prison time. The likely tens or hundreds of thousands of dollars in legal fees (millions if it takes SCOTUS to shoot it down). Possible loss of job. Possible loss of your house. Possible loss of your marriage and relationship with your kids.

"I was right" has to be worth a heck of a lot with that hanging over your head. Sure, people who abuse government rely upon the threat of all of that to "keep us in line". But you know what, the threat of all of that is also what keeps many people in line for completely righteous laws like assault, theft, bank robbery, etc.

Yep and I get it. This is why MSI filed a TRO and PI. Only recourse is legal action.

 

[RFBfromDE]

highlights for the less than well informed ?

Read it and then you will be not only be well informed but enlightened

Easy for you to say....

Hint, they always save the most cogent points for the end;

[Final Comments Notwithstanding the County’s arguments, should this Court determine to proceed with the federal claims as Plaintiffs request, the County respectfully requests that it not remand the state law claims to state court.

While the concept of relitigating the state law claims in this Court is the antithesis of economy and convenience, construing the County firearms law in two different courts simultaneously is fraught with peril. Finally, the County reserves the right to seek discovery, particularly as to damages sought in connection with all claims.

CONCLUSION After the County first removed this matter, it initially opposed remand of the state law claims. But having litigated and argued those state-law claims in Circuit Court, the County acknowledges that it would be a waste of judicial resources to start over again in this Court.

Defendant removed the entire First Amended Complaint because it was simply not aware of any procedural mechanism to remove a single count of an amended complaint (the Second Amendment claim), rather than the entire action.

Bruen may have changed the Second Amendment legal landscape. But it did not change the factors this Court must consider in deciding whether to remand the state law claims and stay the federal claims. Bruen does not give Plaintiffs the right to demand that this Court immediately resolve its Second Amendment claim, laying waste to the months the parties have spent briefing and arguing the state law claims, and squandering the judicial resources already expended by the Circuit Court for Montgomery County.

Defendant respectfully requests that this Court remand Counts I, II, and III of the First Amended Complaint to Circuit Court and hold in abeyance Counts IV through VIII pending final resolution of the state law claims.]

My take; MOCO is playing a "which court she we be heard in" shell game to delay the process.

 

[Mark75H]

Slow walk is all they have.

 

[Bob A]

Hint, they always save the most cogent points for the end;



My take; MOCO is playing a "which court she we be heard in" shell game to delay the process.

As you said . . .

 

[GTOGUNNER]

It will be sweet when the constitutional expert, Moco resident, and Congressman Jamis r testifies or gives a deposition that will help MSI. .

 

[dannyp]

thanks for explaining it for the slow minded ( me ) .

 

[Biggfoot44]

Infringement by any other name is still infringement.

Liberal Tactic 101 …make them sue. That will require copious amount of their (conservative) time and money.

Little to no personal or professional consequence for subverting the Constitution of the United States or any SCOTUS ruling.

In the modern context , that is indeed disproportionate the approach of the ( non Classical) Liberal/ ( today's) Progressive / Socialist/ etc . But that's time specific and situational.

In Maryland during the Jim Crow and Civil Rights Eras , it was the other way around .

" Eh , pass infringements any way , and let them sue if they don't like it " is a strategy of the entrenched faction then currently firmly in power , whatever their political spectrum.

 

[Alea Jacta Est]

Aye aye. You are correct sir.

 

[swinokur]

Easy for you to say....

I just post them. It's for others more erudite than myself to elucidate on their meaning

 

[lazarus]

Yep and I get it. This is why MSI filed a TRO and PI. Only recourse is legal action.

Yup. Hopefully soon Thomas/SCOTUS is going to lay down Thor’s hammer worth of smack down about this crap and the courts are going to get understood they are doing it wrong.

That said, based on individual district courts, it sounds like maybe they are. The more liberal appeals courts might still need straightening out. Just sucks it can take months to get a TRO and PI.

 

[lazarus]

In the modern context , that is indeed disproportionate the approach of the ( non Classical) Liberal/ ( today's) Progressive / Socialist/ etc . But that's time specific and situational.

In Maryland during the Jim Crow and Civil Rights Eras , it was the other way around .

" Eh , pass infringements any way , and let them sue if they don't like it " is a strategy of the entrenched faction then currently firmly in power , whatever their political spectrum.

So true.

 

[LuckyShot]

for those that dont know MOCO has till FRI to respond. MSI has till the 9th to respond to the response.

For those of you carrying everywhere like it never happened...ignore this message lmao.

We're what? a month to 6 weeks in with this law and as far as i know no arrests for this offense?

 

[Bob A]

for those that dont know MOCO has till FRI to respond. MSI has till the 9th to respond to the response.

For those of you carrying everywhere like it never happened...ignore this message lmao.

We're what? a month to 6 weeks in with this law and as far as i know no arrests for this offense?

For the most part, the police don't even know about this BS. Beyond that, the likelihood of the average HGP holder being tagged for something else that requires a search is pretty low.

Then there's the fact that the police have better things to do, and they're spread pretty thin.

 

[2500yards]

Has anyone made a map depicting the impact this has? Be nice to see a visual of 100 yard circles around the county.

 

[Occam]

Has anyone made a map depicting the impact this has? Be nice to see a visual of 100 yard circles around the county.

By extending a 100-yard perimeter out from every prohibited location, you can use standard geo-data techniques to render a detailed map of all the areas where you can't carry. The impacted areas within Montgomery County are marked below in blue:

 

[motorcoachdoug]

The county board and that joke of county executive have violated their oath of office. Read the last paragraph of Cooper v. Aaron


More importantly, the Court held that since the Supremacy Clause of Article VI made the US Constitution the supreme law of the land and Marbury v. Madison (1803) made the Supreme Court the final interpreter of the Constitution,[12] the precedent set forth in Brown v. Board of Education is the supreme law of the land and is therefore binding on all the states, regardless of any state laws contradicting it.[13] The Court therefore rejected the contention that the Arkansas legislature and Governor were not bound by the Brown decision.[14] The Supreme Court also rejected the doctrines of nullification and interposition in this case, which had been invoked by segregationists.[15] Segregation supporters argued that the states have the power to nullify federal laws or court rulings that they believe to be unconstitutional and the states could use this power to nullify the Brown decision. The Arkansas laws that attempted to prevent desegregation were Arkansas' effort to nullify the Brown decision. The Supreme Court held that the Brown decision "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes for segregation."[16] Thus, Cooper v. Aaron held that state attempts to nullify federal law are ineffective.[15]

Moreover, since public officials are required to swear an oath to uphold the Constitution (as per Article VI, Clause 3), the officials who ignored the supremacy of the Court's precedent in the Brown case violated their oaths.[17] Cooper also maintained that even though education is the responsibility of the state government, that responsibility must be carried out in a manner consistent with the requirements of the Constitution, particularly the Fourteenth Amendment.[18]

 

[jmcgonig]

Remember that video of Elrich saying that nobody needs to carry because MoCo is so safe... He is now on WTOP saying the increasing crime is concerning and talking about lack of police, new district, etc... They really do just say whatever is convenient.

 

[Doctor_M]

Because he is a lying sack of bovine-based organic fertilizer.

 

[MeatGrinder]

Because he is a lying sack of bovine-based organic fertilizer.

Preach it brother!!