Nordyke 9th looks at Chester 4th

[krucam]

Doc 174 (which I couldn't upload due to size constraints) was from Alameda County, citing the MD v Williams case. Williams was in the State Courts, Williams was found guilty for carrying a firearm because Heller didn't protect him outside the home. A lousy case in State Court that went against us.

Williams didn't provide any significant 2A analysis or scrutiny.

Mr Kilmer apparently wants to make sure the 9th knows this, saying Chester (4th Ckt) is the far more persuasive case when compared to Williams....

[Crom]

Mark, Thank you for the update.

When I read what Don wrote I can hear his voice as I remember it from the Nordyke Orals and the GRPC talk he gave.

I am looking forward to the release of Nordyke. It should be a bellwether for us.

[press1280]

And Williams didn't say much beyond requiring a permit to carry was constitutional. Since Williams didn't bother to apply, the "need" standard wasn't examined, and Gura's case isn't claiming a permit to carry is unconstitutional-only that it can't be withheld because of "lack of need".

I got the impression the 9th was leaning towards strict scrutiny. The Chester opinion just gave them extra cover to do just that.

[wildhawker]

And Williams didn't say much beyond requiring a permit to carry was constitutional. Since Williams didn't bother to apply, the "need" standard wasn't examined, and Gura's case isn't claiming a permit to carry is unconstitutional-only that it can't be withheld because of "lack of need".

I got the impression the 9th was leaning towards strict scrutiny. The Chester opinion just gave them extra cover to do just that.

Or the ability to split circuits and send Nordyke up...

[dantodd]

can we start the 2 week countdown on Nordyke yet?

:AreWeThereYet:

[Funtimes]

Or the ability to split circuits and send Nordyke up...

I guess I wouldn't be suprised either way, if Nordyke follows the pro-gun path... that this stuff never makes it to the court. I just hope if they do split, cert is picked up.

Things are looking good for Hawaii =o, if Nordyke comes out (in our favor), and then the Thune Amendment drops... laws will be begin to cave pretty easily.

[Patrick-2]

Guessing Nordyke is like a blind man trying to read tea leaves in a dark storm. From the time it will take to the outcome and just what they will actually rule on (sensitive places or protected commerce?)...it's a mess.

I think the only thing we can be assured of, given the history of the case, is that Nordyke will probably open as many questions as not.

But then I am sounding like the blind man, aren't I?

[jnojr]

Another Chester point: Gura is suing MD over 'good and substantial cause' just as he is elsewhere. MD is in the Fourth. Gura sent notice to the MD District Court pointing out this case.

The MD case has been delayed by games played by the MD AG for the past several months. But right before the holidays, the district court finally shut them down. MD must now reply to the merits of the complaint. Until now MD has made zero 2A arguments. Really. The closest they got was a footnote that mentioned 2A.

Our AG made a call to delay as long as possible. He is out of his league and maybe was hoping for help by way of other states and their cases?

Either way, it backfired on him. His first brief on 2A is due soon and now he has to deal with Chester, law of the land in his circuit. Chester does not end the argument by any stretch, but it is absolutely good for us. And ignoring it would be tantamount to conceding the case to our side.

Who knows? Maybe MD will be the first decision to fall. Before Chester I would have handicapped our own Woollard case at less than 50% at the district level. Now? It is looking better, indeed.

Wow, I'd love to get reciprocity with MD!

[Patrick-2]

Wow, I'd love to get reciprocity with MD!

It won't come from the MD state house. There is an active bill (HB 9) in the MD GA that has a hearing tomorrow to extend reciprocity to WV, VA and PA, but it has the proverbial snowball's chance in hell of passing.

Look to the Thune Amendment supposedly coming from the US Senate this session. That would let you carry in MD with your VA resident permit, just fine. But it does nothing for those of us in the lessor states. Which is a good thing, in an odd way (commented on that elsewhere).

[Window_Seat]

Looks like no Nordyke decision today. It's overdue, is it not?

[Patrick-2]

Looks like no Nordyke decision today. It's overdue, is it not?

The bottom of my tea glass says "the perfectibility of the human spirit comes not from education, but from experience."

Maybe I asked the wrong question.

Switching to the Magic Eight Ball: "Nope."

Seriously. What did you expect?