SAF v NJ (MULLER et al v. MAENZA et al)

[ryan_j 0]

http://object.cato.org/sites/cato.org/files/pubs/pdf/woollard_filed_brief.pdf

 

Maryland case, Cato is backing a cert petition.

[ryan_j 0]

The petition for en banc was filed yesterday.

[springfieldxds 0]

Is there a reading for the petition

 

Seems like there might be a good chance en banc is granted

[ryan_j 0]

here ya go

drakevfilko_enbanc.pdf

[PDM 91]

Unfortunately very, very few en banc petitions are granted.  It is a rarity.  Keeping my fingers crossed though.  Perhaps the strong dissent will help.

[ryan_j 0]

True. It's a stepping stone to SCOTUS. But it had to be done.

[springfieldxds 0]

Thanks Ryan

[millsan1 3]

here ya go

Thanks for that.  I just read the petition.

 

I looked around and found the NJ AG response to the petition.

 

"There is no nee-ad for an en banc because we don't think it is nee-added"

[springfieldxds 0]

Millsan can you please share the AG response

 

Also how long does it usually take till we get a decision on en banc approval or denial

[ChrisJM981 924]

When I dropped off my paperwork for more PPPs yesterday, at my municipal PD, I informed the police records staff that per the law Christie signed today (effective immediately) I wanted to request the following information from the PD:

 

# of Pistol Purchase Permits issued in 2011, 2012, 2013

# of FID cards issued in 2011, 2012, 2013

# of carry permits issued in 2011, 2012, 2013

# of Pistol Purchase Permit applications rejected in 2011, 2012, 2013

# of FID card applications rejected in 2011, 2012, 2013

# of carry permit applications rejected in 2011, 2012, 2013

 

They were noticeably annoyed with me and confused over the law since they were completely unaware and told me I’d have to talk to the state police. I informed them that they were incorrect and that this information, per the law, was on a municipal basis, not just statewide. They told me “uhhh, uhhh, you’re going to have to talk to the clerk. His office is down the hall on the left” in a very annoyed and angry tone. I smiled (huge, devilish smile) and told them, “thank you VERY much!”

 

I went to the clerk’s office and asked the same question. They politely told me that weren’t aware of the details of the law, yet, but that I’d have to fill out an OPRA request (with which they very nicely and willingly helped me make sure I filled out correctly) and that they’d give me whatever information they could per the law which they would research. They said to give them a week or two and that they’ll get back to me. I will keep you all updated with any response I receive. I urge everyone to perform the same request at your local PDs. If anyone has any other ideas for what we can request, I’d be game for heading back to the clerk and filling out more OPRA forms.

 

Pehaps I misread the bill, but I didn't see any reference to carry permits issued. I don't think that will help you out since it's per municipality. Unless you want to show how few are issued.

[millsan1 3]

Millsan can you please share the AG response

 

Also how long does it usually take till we get a decision on en banc approval or denial

I was making a joke relating to the AG argument and her pronunciation of "need".

 

If you go back in the thread and find the audio of the oral arguments presented before this decision, you will see what I meant.

[ChrisJM981 924]

I was making a joke relating to the AG argument and her pronunciation of "need".

 

If you go back in the thread and find the audio of the oral arguments presented before this decision, you will see what I meant.

Her argument was terrible. One judge was leading her and she still fugged it up. Ah judicial activism.

[CageFighter 236]

Michael Wildes is a f**kin tool!  esp after readng his website & seeing him suck off the other politicians.

[ryan_j 0]

Millsan can you please share the AG response

 

Also how long does it usually take till we get a decision on en banc approval or denial

 

Not long. I think less than a month. At least that's what it took for Maryland. Incidentally I think the cert petition response is due any day now for that case. 

[PDM 91]

Michael Wildes is a f**kin tool!  esp after readng his website & seeing him suck off the other politicians.

Thanks for noticing.  Perhaps this is off topic for this thread and I don't want to highjack it, but the dual class system in this state -- retired police and privileged politicians vs everyone else -- is, to me an important issue in the fight for 2A rights.  I hope there is more emphasis in the future in publicly exposing hypocrites like Wildes, Assemblyman Cryan and others who do everything in their power to take away rights from ordinary, hardworking people purely for political pandering purposes while enjoying those rights themselves.  These people are worse than the diehard anti-gun activists like Loretta Weinberg who at least act out of personal conviction, even if they are horribly misguided.

[ryan_j 0]

Petition for cert for the Maryland case has been filed by the way. 

 

I would attach the doc but it is barely over the file size limit here. If an admin wants to help out and post it, let me know.

 

http://www.dxtonic.com/woollard_petition.pdf

[ryan_j 0]

Maryland case gets some additional Amicus briefs:

 

Gun owners of America (via Gun Owners Foundation):

http://www.gunowners.com/Woollard.v.Gallagher.AmicusBrief.pdf

 

American Civil Rights Union:

http://theacru.org/No.13-42_Amicus_Woolard_v_Gallagher_081213.pdf

 

The NRA and a couple others have filed Amicus briefs as well. 

 

The GOA brief is interesting because GOA has teamed up with a number of other organizations including Citizens United. 

[ryan_j 0]

So from what it seems the MD case has stronger support for Cert than did Kachalsky, and is a more clear cut case. This should be a good case to go before SCOTUS. 

[springfieldxds 0]

Any news on the en banc decision

[ryan_j 0]

Any news on the en banc decision

 

Nothing.

 

But, don't get your hopes up. Those are usually denied.

 

The good news is that the Woollard case (Maryland) along with this one are ramping up to go to SCOTUS. Scott Bach was on GFH radio a couple weeks ago talking about it. He was saying that the backstop is the Pantano case that Evan Nappen is arguing in the NJ Supreme Court. 

[ryan_j 0]

Rehearing en banc DENIED. 8 to 4 vote. 

[ryan_j 0]

So from here it goes to a cert petition for SCOTUS to hear it. They have 90 days to file, which means late November at the latest.

[NJPatriot 0]

The Judicial branch of government has long been corrupted and is simply an enabler for liberal public policy over constitutional affirmed rights. I can't believe that intelligent, honest people could disagree with A. Gura's well thought out and presented brief. Is the 3rd circuit left leaning?

[maintenanceguy 510]

What's the usual SCOTUS schedule.  How quickly do they typically accept or deny hearing a case and then, how long does it typically take to be heard?

[ryan_j 0]

What's the usual SCOTUS schedule.  How quickly do they typically accept or deny hearing a case and then, how long does it typically take to be heard?

 

They have 90 days to respond to a cert petition and they typically take almost the full 90 days.

 

That said, if they grant cert in our case, it could very well come up in the 2015 term. Let's hope that they take the Maryland one, because who knows what the court will be like in a few years. One more Sotomayor, Kagan or <shudder> Ginsburg on the court and we are toast. 

 

An answer for the Maryland case is due in October. 

[ryan_j 0]

The Judicial branch of government has long been corrupted and is simply an enabler for liberal public policy over constitutional affirmed rights. I can't believe that intelligent, honest people could disagree with A. Gura's well thought out and presented brief. Is the 3rd circuit left leaning?

 

The active judges are comprised of 7 Clinton and Obama appointees and 5 GW Bush Appointees. 

 

A lot of the judges appointed by Democrats are getting up there in age.

What can I say. Vote Republican in 2016? Or vote Republican in 2014 as a matter of fact, or even vote R in the October election. The Rs take the senate and they can block Obama's appointees before he gets to do any real damage.

 

Because you know a liberal supreme court is pretty much the end for us. 

[ryan_j 0]

Gura replied to Maryland's brief opposing cert. He references our case several times. Very good read and very powerful.

 

 

13-42_reply_brief.pdf

[ryan_j 0]

Conference is tomorrow and we should know next week whether it gets cert or not.

[ryan_j 0]

And actually there are two gun cases which were in yesterday's conference.  One of course was Woollard v Gallagher which is the Maryland carry case. The other is Lane v (Eric) Holder which deals with interstate handgun sales. However the question is, "Whether consumers have standing to challenge the constitutionality of laws regulating the sale of firearms." 

 

Both are SAF cases. 

 

We should know on Tuesday whether they've been granted cert. 

[Pythagoras 2]

Thanks for keeping us abreast of these developments, ryan_j