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Posted: 4/25/2023 10:18:26 AM EDT
Gents,

Trying to school myself on what exactly happens if an injunction is issued on 1240. Will the State be handcuffed in implementing this unconstitutional garbage? Will it allow continue sales?
From my reading it looks like Oregon had a successful injunction apply to the State’s over reach. Anyway, if you have a handle on the chain of events, please post up.

ST42
Link Posted: 4/25/2023 11:03:02 AM EDT
[#1]
Wouldn't hold my breath waiting for the federal courts.  They're slow walking the mag ban.  

Sounds like there will be a state court challenge in Grant county.  I expect it to promptly be dismissed or moved to Thurston county,  where the courts are stacked with former AG employees, who will rule in Jay and Bob's favor
Link Posted: 4/25/2023 11:46:49 AM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Wouldn't hold my breath waiting for the federal courts.  They're slow walking the mag ban.  

Sounds like there will be a state court challenge in Grant county.  I expect it to promptly be dismissed or moved to Thurston county,  where the courts are stacked with former AG employees, who will rule in Jay and Bob's favor
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The courts have to rule with the SCOTUS Bruen/ Heller decision.
Link Posted: 4/25/2023 1:09:57 PM EDT
[#3]
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Quoted:


The courts have to rule with the SCOTUS Bruen/ Heller decision.
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The courts have to rule with the SCOTUS Bruen/ Heller decision.


I really wish that was the case. Courts are thumbing their nose and ruling however the hell they want.

https://news.bloomberglaw.com/litigation/dcs-large-capacity-magazine-ban-is-constitutional-court-rules

https://www.kentreporter.com/northwest/judge-rules-against-federal-way-discount-guns/

King County Superior Court Judge Wyman Yip, in finding Discount Guns and Baghai broke the law, also specifically determined that the state’s ban on LCMs was constitutional, negating the key argument that Baghai had relied on in court filings.


There are other examples, like the recent ruling on the Rhode Island magazine ban. It all depends on who appointed the judges. I believe Yip was an Inslee appointee and the Rhode Island judge was an Obama appointee.

Edit: Here’s the Rhode Island case. The judge uses a two step approach which was specifically mentioned in Bruen as no longer applicable.

https://www.providencejournal.com/story/news/courts/2022/12/14/rhode-island-gun-magazine-high-capacity-ban-ruling-outcome-second-amendment-rights/69727765007/

McConnell found that the plaintiffs Big Bear Hunting and Fishing Supply; three Rhode Island residents — Mary Brimer, James Grundy and Jonathan Hirons; and, a Newport homeowner who lives in Florida, Jeffrey Goyette, had not shown that they would suffer irreparable harm if the law was allowed to take effect, and that allowing its enforcement was in the public's interest.


We’ll see what happens when Benitez releases his ruling.

Link Posted: 4/25/2023 1:18:26 PM EDT
[#4]
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Quoted:


The courts have to rule with the SCOTUS Bruen/ Heller decision.
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Quoted:
Quoted:
Wouldn't hold my breath waiting for the federal courts.  They're slow walking the mag ban.  

Sounds like there will be a state court challenge in Grant county.  I expect it to promptly be dismissed or moved to Thurston county,  where the courts are stacked with former AG employees, who will rule in Jay and Bob's favor


The courts have to rule with the SCOTUS Bruen/ Heller decision.

lol. Especially in this state, have you read the Quinn v WA income tax opinion?

We might get there eventually, but don't expect too much in the state courts or even the lower federal courts.
Link Posted: 4/25/2023 2:21:30 PM EDT
[#5]
First lawsuit is already filed.

https://www.saf.org/second-amendment-foundation-sues-washington-over-semi-auto-ban/

April 25, 2023
BELLEVUE, WA – Responding quickly to the adoption of House Bill 1240 by the Washington Legislature and Gov. Jay Inslee signing it into law, the Second Amendment Foundation today filed a federal lawsuit challenging the new statute on Second and Fourteenth Amendment grounds, and is asking the court for preliminary and permanent injunctions.

The complaint was filed in U.S. District Court for the Western District of Washington. The case is known as Hartford v. Ferguson. Joining SAF are the Firearms Policy Coalition, Sporting Systems, a Hazel Dell retailer, and three private citizens, Brett Bass, Douglas Mitchell and Lawrence Hartford, for whom the case is named. They are represented by Seattle attorney Joel Ard.
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More at the link.

Link Posted: 4/25/2023 4:10:48 PM EDT
[#6]
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The courts have to rule with the SCOTUS Bruen/ Heller decision.
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what effect has that decision had on the real world?
Link Posted: 4/25/2023 4:31:31 PM EDT
[#7]
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I really wish that was the case. Courts are thumbing their nose and ruling however the hell they want.

https://news.bloomberglaw.com/litigation/dcs-large-capacity-magazine-ban-is-constitutional-court-rules

https://www.kentreporter.com/northwest/judge-rules-against-federal-way-discount-guns/



There are other examples, like the recent ruling on the Rhode Island magazine ban. It all depends on who appointed the judges. I believe Yip was an Inslee appointee and the Rhode Island judge was an Obama appointee.

Edit: Here’s the Rhode Island case. The judge uses a two step approach which was specifically mentioned in Bruen as no longer applicable.

https://www.providencejournal.com/story/news/courts/2022/12/14/rhode-island-gun-magazine-high-capacity-ban-ruling-outcome-second-amendment-rights/69727765007/



We’ll see what happens when Benitez releases his ruling.

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Quoted:
Quoted:


The courts have to rule with the SCOTUS Bruen/ Heller decision.


I really wish that was the case. Courts are thumbing their nose and ruling however the hell they want.

https://news.bloomberglaw.com/litigation/dcs-large-capacity-magazine-ban-is-constitutional-court-rules

https://www.kentreporter.com/northwest/judge-rules-against-federal-way-discount-guns/

King County Superior Court Judge Wyman Yip, in finding Discount Guns and Baghai broke the law, also specifically determined that the state’s ban on LCMs was constitutional, negating the key argument that Baghai had relied on in court filings.


There are other examples, like the recent ruling on the Rhode Island magazine ban. It all depends on who appointed the judges. I believe Yip was an Inslee appointee and the Rhode Island judge was an Obama appointee.

Edit: Here’s the Rhode Island case. The judge uses a two step approach which was specifically mentioned in Bruen as no longer applicable.

https://www.providencejournal.com/story/news/courts/2022/12/14/rhode-island-gun-magazine-high-capacity-ban-ruling-outcome-second-amendment-rights/69727765007/

McConnell found that the plaintiffs Big Bear Hunting and Fishing Supply; three Rhode Island residents — Mary Brimer, James Grundy and Jonathan Hirons; and, a Newport homeowner who lives in Florida, Jeffrey Goyette, had not shown that they would suffer irreparable harm if the law was allowed to take effect, and that allowing its enforcement was in the public's interest.


We’ll see what happens when Benitez releases his ruling.



SC covered this in Bruen last year. Komrad Yipski is ignoring the federal supremacy clause & defying the SC (ie. Breaking the law), & the lawless administration + DOJ is letting him, is all.

Who are the criminals?
Link Posted: 4/25/2023 4:59:38 PM EDT
[#8]
California has been fighting this shit since the late 80’s. How’s that worked for them? If you think the courts are going to save you sorry to say you’re SOL. Once they get these unconstitutional laws on the books good luck getting them reversed. This is the new Washington and it isn’t going to change for the better it will only get worse. Eventually there won’t be anything grandfathered and it will all be illegal in the state. They won’t stop until that’s what they get. It’s not about saving lives it’s about disarming the populace. Sad, sad day…
Link Posted: 4/25/2023 5:14:49 PM EDT
[#9]
Just bought a 5 year SAF membership thanks to their immediate response.
FJI
FBF
FNRA
Link Posted: 4/25/2023 5:56:08 PM EDT
[#10]
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what effect has that decision had on the real world?
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Well it is about to assist CA in regaining a lot of freedom, but the left sure seems hellbent on thumbing their noses at the Supreme Court.

At this point I think a lot of people are going to give the same amount of reverence to anti gun state laws that the dems give to the Federal and state Constitutions- zero....  People are going to be hindered, but will do stuff regardless.  Not a good situation where people pick and choose which laws to follow...
Link Posted: 4/25/2023 6:01:20 PM EDT
[#11]
Just sent donations to SAF and FPC.  So sick of fighting for creator given rights, that government is supposed to protect.
Link Posted: 4/25/2023 7:39:41 PM EDT
[#12]
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Well it is about to assist CA in regaining a lot of freedom, but the left sure seems hellbent on thumbing their noses at the Supreme Court.

At this point I think a lot of people are going to give the same amount of reverence to anti gun state laws that the dems give to the Federal and state Constitutions- zero....  People are going to be hindered, but will do stuff regardless.  Not a good situation where people pick and choose which laws to follow...
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With respect to CA I’ll believe it when I see it. I spent most of my life in that state so I have a little experience on that particular subject.
The left has learned that it can ignore any court ruling it doesn’t agree with. Again, what has changed in the real world since bruen?

I agree that many of us are over playing by the rules. It is not conducive to a functioning society but the left asked for this, not me. I was perfectly content following laws that at least pretended to respect the constitution. Now? I’ll follow only those that I want. I’m done paying for car tabs. When I need some work done around the house or yard I hire people that work for cash so I can starve the govt of a tiny slice of my money. Gun laws? Lmao criminals get keys to the city and the president fucked his own daughter during shower time but I’m not supposed to order an upper receiver? Just lmao
Link Posted: 4/25/2023 11:50:23 PM EDT
[#13]
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Just sent donations to SAF and FPC.  So sick of fighting for creator given rights, that government is supposed to protect.
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I did the same today but just watched Washington Gun Law and have decided to donate to The Silent Majority Foundation as well.
Link Posted: 4/26/2023 12:21:51 AM EDT
[#14]
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I did the same today but just watched Washington Gun Law and have decided to donate to The Silent Majority Foundation as well.
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I like SMF but I wonder what kind of strategy they have filing in state court. They could get an injunction in the county they filed in but all state courts end at the Seattle Supreme Court.
Link Posted: 4/26/2023 1:01:12 AM EDT
[#15]
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I like SMF but I wonder what kind of strategy they have filing in state court. They could get an injunction in the county they filed in but all state courts end at the Seattle Supreme Court.
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How does the SAF filing look comparatively? I'm a court novice.
Link Posted: 4/26/2023 1:25:22 AM EDT
[#16]
The NSSF foundation lawsuit has legs.  Major law firm with a history of success backing it…  and my wife is the named plaintiff, so I will be partial toward supporting it
Link Posted: 4/26/2023 9:59:23 AM EDT
[#17]
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How does the SAF filing look comparatively? I'm a court novice.
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I like SMF but I wonder what kind of strategy they have filing in state court. They could get an injunction in the county they filed in but all state courts end at the Seattle Supreme Court.


How does the SAF filing look comparatively? I'm a court novice.


I believe SAF filed in Federal court in the Western District. Not sure if anyone filed in the Eastern District yet. I only assume all these 2A groups talk to each other to coordinate the lawsuits.

I’m no court expert myself, but I would guess the SMF case probably has the best chance of getting an injunction in a more timely manner while the federal cases grind their way through the federal court system.

In the end, the SMF case would end up at the Washington Supreme Court where the justices there would just do some kind of mental gymnastics to justify the ban, whereas the federal cases of course would end at the US Supreme Court.
Link Posted: 4/26/2023 2:59:31 PM EDT
[#18]
Oregon has an injunction on 114. William Kirk seems to think our chances are probably just as good.
Link Posted: 4/26/2023 11:06:04 PM EDT
[#19]
It is one of the most boldest assault weapon bans that have been enacted in the country.

I think there is a good chance of an injunction with numerous challenges being filed in multiple courts.

Not able to buy parts to repair a pre-ban owned item? It does not get much more extreme than that.



Link Posted: 4/27/2023 12:22:04 AM EDT
[#20]
Silent Majority Foundation also filed in court.
Link Posted: 4/27/2023 12:14:53 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
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It is one of the most boldest assault weapon bans that have been enacted in the country.

I think there is a good chance of an injunction with numerous challenges being filed in multiple courts.

Not able to buy parts to repair a pre-ban owned item? It does not get much more extreme than that.



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Agreed. As much as this whole egregious thing sucks, the flip side is having it pass puts a huge target on it for injunction.
Link Posted: 4/27/2023 12:28:05 PM EDT
[#22]
We have no judge Benitez' in Wa. I doubt any of these judges see the 2A as we see it.
Link Posted: 4/27/2023 1:43:21 PM EDT
[#23]
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We have no judge Benitez' in Wa. I doubt any of these judges see the 2A as we see it.
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I don’t know about the Federal cases, but I think it was a good first salvo for Silent Majority to file in Grant County. Since judges are elected in this craphole state, that one has the best chance of being heard by a conservative judge, and thus being granted an early injunction.
Link Posted: 4/27/2023 3:37:23 PM EDT
[#24]
Well, the Banta case got assigned to Dimke, the same judge as the magazine ban. Fricken great. Is she going to tell us she’ll rule on an injunction in 30 days again?

https://www.courtlistener.com/docket/67267274/banta-v-robert-w-ferguson-attorney-general-of-the-state-of-washington/
Link Posted: 4/28/2023 3:13:55 PM EDT
[#25]
A TRO was just granted in the Illinois case.

Link Posted: 4/28/2023 4:53:44 PM EDT
[#26]
Yep just saw that
Link Posted: 4/28/2023 5:03:33 PM EDT
[#27]
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A TRO was just granted in the Illinois case.

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Well that’s a nice surprise
Link Posted: 4/29/2023 6:07:42 PM EDT
[#28]
Huge Trifecta Out of Illinois and What It Means for Us Moving Foward
Link Posted: 4/29/2023 7:04:12 PM EDT
[#29]
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And it came out of IL no less. That's where Scalia hails from, so kinda figures. Almost makes Chicago seem like an anomaly in that state.

Great ruling, logically well thought out. Regardless of whatever pretzeling legalese the WA courts engage in, it'll amount to flailing in the long run. Can't stop the signal, or the logic, or the constitution.
Link Posted: 4/30/2023 10:10:32 PM EDT
[#30]
Supreme Court 2A Decision Brings An End To "Assault Weapon" And Magazine Ban!!!
Link Posted: 5/3/2023 9:11:56 PM EDT
[#31]
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Well, the Banta case got assigned to Dimke, the same judge as the magazine ban. Fricken great. Is she going to tell us she’ll rule on an injunction in 30 days again?

https://www.courtlistener.com/docket/67267274/banta-v-robert-w-ferguson-attorney-general-of-the-state-of-washington/
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She's a Biden appointment but is from Eastern WA.  What do we know about her?
I do know that Illinois case is 7th circuit and will be reviewed by Amy Comey Barrett who should be pro 2A in that case.
Howevah, we have Elena Kagan and the 9th Circuit.  Sad Pepe.
Link Posted: 5/3/2023 10:28:59 PM EDT
[#32]
Kagan?  Well lets hope the lower judges get it right first…

Also if the IL case goes our way, Kagan would have a hard time giving guidance contrary to what the 7th was told.


This stage of the game just sucks.  Always better to prevent BS laws in the first place, versus trying to claw them back in court.
Link Posted: 5/5/2023 1:35:47 AM EDT
[#33]
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lol. Especially in this state, have you read the Quinn v WA income tax opinion?

We might get there eventually, but don't expect too much in the state courts or even the lower federal courts.
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WA Sate courts are rubber stamps. There is nothing independent about them.
Link Posted: 5/13/2023 3:11:46 AM EDT
[#34]
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WA Sate courts are rubber stamps. There is nothing independent about them.
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Yep. More proof of that today. The judge in Grant county agreed with the AG’s office to move the case to Thurston County. There wasn’t even a hearing on the injunction.

How There Will Be No Injunction on Washington's Assault Weapon Ban Today.

Link Posted: 5/13/2023 7:24:18 AM EDT
[#35]
Souuds like the judge got scared by upcoming gov turd furgeson
Link Posted: 5/13/2023 2:31:06 PM EDT
[#36]
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Souuds like the judge got scared by upcoming gov turd furgeson
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comments in that clip say the judge was selected by Inslee, so most likely a political punk.
Link Posted: 5/13/2023 3:19:35 PM EDT
[#37]
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comments in that clip say the judge was selected by Inslee, so most likely a political punk.
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Souuds like the judge got scared by upcoming gov turd furgeson


comments in that clip say the judge was selected by Inslee, so most likely a political punk.

Inslee has appointed quite a few over here on the East Side and for a reason.
Link Posted: 5/13/2023 4:49:35 PM EDT
[#38]
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Inslee has appointed quite a few over here on the East Side and for a reason.
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Souuds like the judge got scared by upcoming gov turd furgeson


comments in that clip say the judge was selected by Inslee, so most likely a political punk.

Inslee has appointed quite a few over here on the East Side and for a reason.


Political monopolization. I'm not holding out for any so-called institution in this state. Ideology trumps truth like a motherfucker in WA. The only possible legal recourse will be at the federal level, if any. I respect what local & state legal organizations are doing, but it's wheel spinning & money spending. The deck is stacked in this state. Federal supremacy on the issue is the only avenue, & even then, there will need to be swift & immediate consequences laid out for noncompliance by anyone in state & local government. Yet another stand-alone decision will just be ignored (again).
Link Posted: 5/13/2023 5:47:37 PM EDT
[#39]
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Political monopolization. I'm not holding out for any so-called institution in this state. Ideology trumps truth like a motherfucker in WA. The only possible legal recourse will be at the federal level, if any. I respect what local & state legal organizations are doing, but it's wheel spinning & money spending. The deck is stacked in this state. Federal supremacy on the issue is the only avenue, & even then, there will need to be swift & immediate consequences laid out for noncompliance by anyone the state. Yet another stand-alone decision will just be ignored (again).
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This x1000
Link Posted: 5/14/2023 2:34:06 AM EDT
[#40]
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Political monopolization. I'm not holding out for any so-called institution in this state. Ideology trumps truth like a motherfucker in WA. The only possible legal recourse will be at the federal level, if any. I respect what local & state legal organizations are doing, but it's wheel spinning & money spending. The deck is stacked in this state. Federal supremacy on the issue is the only avenue, & even then, there will need to be swift & immediate consequences laid out for noncompliance by anyone in state & local government. Yet another stand-alone decision will just be ignored (again).
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There's literally no mechanism for this. Look at IL and NY.. Heller, Bruen, etc. mean jack shit to them.
Link Posted: 5/16/2023 2:30:40 PM EDT
[#41]
Would there be similar jurist accommodation if CPA or other "lower threshold" laws were leveraged to maintain slavery in spite of a standing (& clearly expounded) amendment? I'll go with no.
Link Posted: 5/16/2023 4:03:34 PM EDT
[#42]
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There's literally no mechanism for this. Look at IL and NY.. Heller, Bruen, etc. mean jack shit to them.
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I believe that’s because the Fed doesn’t actually have any police force or other means of enforcement themselves; they typically rely on local state/county/city resources to carry out their enforcement/apprehension.  States realize this and what’s Fed supposed to do enforce SCOTUS ruling?

Of course with that notion, perhaps the Fed couldn’t help those states when their citizens decide to revolt against their corrupt state institutions.

I also think they’re ALL corrupt: red, blue, purple doesn’t matter, it’s just controlled opposition.  People on both sides seem to be getting richer amidst all the controversies.

Into the wood chipper they should go! ??
Link Posted: 5/26/2023 9:46:15 PM EDT
[#43]
SAF filed a brief today in response to all the filings the state made in arguing against a preliminary injunction. One of these was made by turncoat Ryan Busse, in his words a “proud and active gun owner”, yet who is a senior advisor to Giffords.

https://www.saf.org/wp-content/uploads/2023/05/20230526-Dkt-050-Hartford-Reply-iso-Motion-for-PI.pdf

As a side note, I find it disappointing that in SAF’s argument they themselves label machine guns dangerous and unusual. That’s a fight for another day I guess.
Link Posted: 5/27/2023 2:12:07 AM EDT
[#44]
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SAF filed a brief today in response to all the filings the state made in arguing against a preliminary injunction. One of these was made by turncoat Ryan Busse, in his words a “proud and active gun owner”, yet who is a senior advisor to Giffords.

https://www.saf.org/wp-content/uploads/2023/05/20230526-Dkt-050-Hartford-Reply-iso-Motion-for-PI.pdf

As a side note, I find it disappointing that in SAF’s argument they themselves label machine guns dangerous and unusual. That’s a fight for another day I guess.
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Thurston Co judge: TL/DR…..
Link Posted: 5/27/2023 12:59:24 PM EDT
[#45]
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Thurston Co judge: TL/DR…..
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Except it's Federal court and the judge was nominated by Reagan.
Link Posted: 5/27/2023 3:00:00 PM EDT
[#46]
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Except it's Federal court and the judge was nominated by Reagan.
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Im sure when turd wanted it moved to thurston he knew what judge he'd be getting. Probably doesnt matter he's a reagan nomination.
Link Posted: 5/27/2023 4:51:14 PM EDT
[#47]
Interesting.... it's going to federal court in tacoma, not thurston county superior Court.   This must be different than the silent majority foundation case.
Link Posted: 5/27/2023 5:12:54 PM EDT
[#48]
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Im sure when turd wanted it moved to thurston he knew what judge he'd be getting. Probably doesnt matter he's a reagan nomination.
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Im sure when turd wanted it moved to thurston he knew what judge he'd be getting. Probably doesnt matter he's a reagan nomination.

Interesting.... it's going to federal court in tacoma, not thurston county superior Court.   This must be different than the silent majority foundation case.


Right, this is an entirely different case than the one Ferguson requested be moved from Grant county to Thurston county and was brought by the Silent Majority Foundation.

This case is Hartford v Ferguson and is in Federal court. It was filed by the Second Amendment Foundation and the Firearms Policy Coalition.
Link Posted: 6/1/2023 10:29:47 AM EDT
[#49]
Well I just got my form4 approval for a SBR. Hope an injunction is granted.  6 month approval time on an eform if anyone was wondering.
Link Posted: 6/6/2023 3:07:53 PM EDT
[#50]
Preliminary injunction in Hartford v Ferguson denied

https://www.instagram.com/p/CtKMy7Hq7aF/?igshid=MzRlODBiNWFlZA==
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