In an expected move, the State of Mississippi today filed a “combined petition to vacate a restraining order and emergency petition for interlocutory appeal” in the Supreme Court of Mississippi. The petition was submitted by Attorney General Jim Hood and signed by Assistant Attorney General and Chief of the Civil Litigation Division, Harold E. Pizsetta III.
“The State seeks an immediate order of the Supreme Court vacating a restraining order by the Hinds County Circuit Court … which enjoined the State from placing into force and effect the definition of “concealed weapon” contained in House Bill 2,” the filing explained.
Gun Rights Examiner reported on that temporary injunction granted by Judge Winston Kidd at the behest of a fellow Democrat District Attorney and fellow Democrat politicians. Significantly, validating concerns raised in that column over government checks and balances taking a back seat to a partisan agenda, the filing declares “The Circuit Court’s order violated the separation of powers mandated between co-equal branches in Article 1 of the Constitution by usurping the authority of the legislature to regulate the carrying of concealed weapons.
“Because Plaintiffs delayed 116 days in filing this action, choosing to act only within the last hour of the last business day before House Bill 2 became effective, Plaintiff’s request for extraordinary injunctive relief … is barred by laches,” the petition declares, asserting “Plaintiff’s delay was inexcusable … waiting to bring this action until literally the last hour of the last business day was unquestionably prejudicial …
“[T]he Motion incorrectly declares that District Attorney [Robert Schuler] Smith is bringing this matter in his capacity as ‘the chief legal officer of the State of Mississippi,” the petition documents in an ironic comment about lack of standing that illustrates a presumption of non-existent authority and questionable legal competence on the part of both the DA and the Southern Poverty Law Center attorney backing the power grab.
“A district attorney is prohibited from bringing any suit the subject matter or impact of which would be statewide because only the Attorney General may bring such a suit of statewide importance,” the petition reminds the Court.
“The order also infringes on the citizens’ right to bear arms recognized by Article 3, Section 2 of the Mississippi Constitution and the Second Amendment to the United States Constitution,” the petition continues.
“The State further requests that if a reply brief is ordered by the Court from Plaintiffs, that the order require the Plaintiffs to file their brief by the close of business day on Monday, July 1 – the date House Bill 2 was scheduled to become the law of the State of Mississippi,” the petition continued, adding a not-so-subtle dig by reminding the Court “Permitting Plaintiffs an entire day to file would be a luxurious amount of time when compared with the thirty minutes provided to the State to review Plaintiffs’ motion on June 28.”
Evidently agreeing with that assessment, Presiding Justice Michael K. Randolph so ordered the Respondents to file a response by 5 p.m. today.
Informed sources tell Gun Rights Examiner to expect the High Court to overturn the Hinds County temporary injunction imposed by Judge Kidd. This column will continue to monitor the case and will relay significant updates when they become available.
Operation Fast and Furious was not the first and only federal “gunwalking” scandal. Click here to find out how you can win a free copy of “Guns across the Border,” an illuminating (and at times harrowing and maddening) firsthand account by Mike Detty, the confidential informant at the heart of Operation Wider Receiver.
A new GUNS Magazine “Rights Watch” column is now online. Click here to read “Police State Europe.”
If you’re a regular Gun Rights Examiner reader and believe it provides news and perspectives you won’t find in the mainstream media, please subscribe to this column and help spread the word by sharing links, promoting it on social media like Facebook (Dan) and Twitter (@dcodrea), and telling your like-minded friends about it. And for more commentary, be sure to visit “The War on Guns: Notes from the Resistance.”