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Just a Man
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Discussion Starter · #1 · (Edited)
In the Supreme Court of the United States

________________ BRIAN KIRK MALPASSO and MARYLAND STATE RIFLE AND PISTOL ASSOCIATION, INC., Petitioners, v. WILLIAM M. PALLOZZI, in his official capacity as Maryland Secretary of State Police, Respondent.

________________ On Petition for Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit
________________ PETITION FOR WRIT OF CERTIORARI ________________
PAUL D. CLEMENT Counsel of Record ERIN E. MURPHY KASDIN M. MITCHELL KIRKLAND & ELLIS LLP 1301 Pennsylvania Ave., NW Washington, DC 20004 (202) 389-5000 Counsel for Petitioners
September 26, 2019

"QUESTION PRESENTED

Maryland prohibits its typical, law-abiding citizens from carrying a firearm outside the home without a permit, and provides permits only to those who can demonstrate, among other requirements, a "good and substantial reason" for carrying a firearm. In District of Columbia v. Heller, this Court held that the Second Amendment protects "the individual right to possess and carry weapons in case of confrontation," 554 U.S. 570, 592 (2008 ), and in McDonald v. City of Chicago, the Court held that this right "is fully applicable to the States," 561 U.S. 742, 750 (2010). Since then, numerous courts of appeals have confronted, and have squarely divided on, the question of whether the Second Amendment allows the government to deprive typical, law-abiding citizens of all means of carrying a handgun for self-defense. This circuit split is open and acknowledged, and it is squarely presented by this case, in which the Fourth Circuit affirmed the constitutionality of a Maryland regime that prohibits law-abiding individuals from carrying a handgun unless they can demonstrate some particularized "good and substantial reason" that distinguishes them from the body of "the people" protected by the Second Amendment. The time has come for this Court to resolve this critical constitutional question and to restore to citizens of Maryland and the handful of other states that prohibit the carrying of handguns the fundamental rights that the Second Amendment guarantees the people. The question presented is: Whether the Second Amendment allows the government to prohibit typical, law-abiding citizens from carrying handguns outside the home for self-defense in any manner."

 

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unless they can demonstrate some particularized “good and substantial reason” that distinguishes them from the body of “the people” protected by the Second Amendment.


That is a very good way of putting it.
 

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Just a Man
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Discussion Starter · #5 ·

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Man of Myth and Legend
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Member Georgia Carry
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The SCOTUS's ruling on this case could make all states "shall issue". I hope it also applies to all U.S. Territories.

I'd love to see NJ, MD, HI, Puerto Rico, Virgin Islands, and a few other places have a cow.
 

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Man of Myth and Legend
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Fair chance they would raise the Southern Cross (a northern bastardized version anyway) and start secession proceedings.

Or just try to stack the court.

Nemo
 

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Do all of these left leaning governments refuse to respond because they hope that by not responding, the Court may not notice the case or think it is not important enough to take up?
 

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Member Georgia Carry
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I think they are just grasping at twigs on the edge of a cliff.
 

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Just a Man
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Discussion Starter · #12 ·
Waiting in the wings-

Other 2nd Amendment cases being held by #SCOTUS:

Mance v Barr (18-663)
Pena v Horan (18-843)
Rogers v Grewal (18-824)
Gould v Lipson (18-1272)
Ciolek v New Jersey (19-114)
Cheeseman v Polillo (19-27)
 

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What does "being held" mean in this context? Awaiting a ruling on a petition for certiorari?
 

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Just a Man
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Discussion Starter · #14 ·
They are not being denied nor being granted with regards to petition for certiorari.
 

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Man of Myth and Legend
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Short answer-- Being held-- awaiting decision on further proceedings. Awaiting grant or denial of Cert., combining with other related/similar case, remand for something below or similar decision.

Nemo
 

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Member Georgia Carry
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This stuff is getting good. Now imagine if Trump can replace one of the leftist Justices on the High Court. And hopefully it will be soon.

Wouldn't it be nice if one or more of their rulings results in near Constitutional Carry nationwide, including all U.S. Territories?
 

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Man of Myth and Legend
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LA area would break off and sink, NYC would secede and Chicago would self immolate.

Pray all 4 happen.

Nemo
 

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Do all of these left leaning governments refuse to respond because they hope that by not responding, the Court may not notice the case or think it is not important enough to take up?
I think they choose not to reply by the deadline so they can be asked one more time; it's simply a delay tactic.

Even if they do reply they can ask to extend the deadline, which happens often, and is an accepted practice.

I think all these cases being held will be stacked together, and GVR'd (granted, vacated, and remanded) to the lower courts, which will take extended time. The extended time also permits the cities to gather their wits about them, formulate new talking points, and figure other ways to frustrate those wanting to lawfully exercise their rights.
 

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I keep hoping this means that the S.Ct. is finally prepared to address more than one little step this time, but we'll see. It would be great to have more than one Second Amendment case in one session.
 
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