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Maryland Appealing Stay

Maryland is appealing to the 4th Circuit Court of Appeals to reverse Judge Legg’s ruling lifting the stay, and put it back in place, meaning Maryland would not have to issue permits until the final resolution of this case.

4 Responses to “Maryland Appealing Stay”

  1. Spade says:

    Eh, I guess Marylanders will just have to keep open carrying rifles and shotguns in the meantime. I mean, the AG said that was okay.

  2. Countertop says:

    Well, that’s not automatic. I haven’t seen their petition yet – and I suspect there will be an appeal – but this is the test

    A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.

    Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S. Ct. 365, 374, 172 L. Ed. 2d 249 (2008)

    They don’t win #1.
    Its tough to say they win #2 when 38 (is it 39, maybe its 40 or more) states are shall issue with no impact.
    Maybe they win #4 (ie public benefit)
    But then they don’t win #3 either.

  3. Patrick says:

    It’s going to come down to the motions panel. We don’t know for sure yet how it will be handled, but it looks like a three-judge panel instead of a single jurist. A panel is good news for us, as it balances the opinions a reduced the chance of getting a single bad call.

    The SAF owes their response tomorrow. It looks to be fast-tracked. Our litigators who have been before the 4th and the SCOTUS all say getting a response before the 8th would be possible, but fast. It look like they might be trying to get there.

    The merits of the AG’s request are nothing new. They’ve lost on them twice, and no decision in the 4th has ever accepted them. So far the 4th has been fairly 2A-friendly. But you never know. I’m told we should be disappointed – but not surprised – if the stay is put in place.

    In the event the stay is denied, we are told to expect permits being mailed within days of the 8th.

  4. Countertop says:

    Good luck Maryland!!!

    I hoate living in McLean. Other areas in Virginia have horrible commutes. Maryland would be great, with great options (living on the bay!!!) and much better hunting opportunities – but the carry issue is a game changer for me.

    If this goes through, my options expand considerably.

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