SAF SUES IN MARYLAND OVER HANDGUN PERMIT DENIAL UPDATED 3-5-12

[Boondock Saint]

It'll be a few days. Sorry.

Boondock is a dick, sometimes.

But we'll keep him around for the comedic value.

Sometimes? You clearly haven't met my wife.

 

[Kashmir1008]

Hot off the Press

View attachment 62866

Poetry... Gura's work reads like poetry. I wonder if the court salivates while waiting to read this sort of work. Like greedily awaiting the latest girlie or gun porn mag to arrive in the mail.

I thoroughly enjoyed reading this.

Now we wait. So close, so close.

 

[csanc123]

It'll be a few days. Sorry.

Boondock is a dick, sometimes.

But we'll keep him around for the comedic value.

I'll spare everyone the wait. Patrick got Frosh to join MSI and renounce his hate for firearms.



j/k

 

[navycraig]

To the legal guys:

When the court gets a response, does each individual justice read it, do they a clerk read it and provide cliff notes, do they all get together and have it read to them by a clerk? What's the process?

Once they have the info, by whatever means, do they then get together and discuss it to come to an agreement or do they each make up their minds individually and then come together for a "vote"?

How does this stage of the process work?

TIA

 

[Maestro Pistolero]

Fantastic brief as always. Airtight, IMO.

Found a couple minor typos.

2D at page 34 :

D. DEFENDANTS CANNOT ESTABLISH A SHOWING OF IRREPARABLE INJURY IF THE STAY WERE DENIED.
Defendants contend that they will suffer irreparable injuries in the absence of a stay of the district court’s ruling. Defendants offer three agreements in support of this contention:

Bolded should be arguments.


Page 24:

In Masciandro, the Court determined that immediate scrutiny is the proper standard of review for issues related to the Second Amendment.

Bolded should be Masciandaro and intermediate.

 

[Inigoes]

5 more days and a wake-up

 

[Merlin]

I think we're going to wait and see when Ray Woollard gets his. If the 4th doesn't rule by the 8th, we will still have a pile of people who want to apply. I suggest they do so immediately. If the stay comes down, then at least they are in the process. It'll be something.

I guess it's safe to assume that Mr. Woollard should/would get his first.

 

[2ndCharter]

I guess it's safe to assume that Mr. Woollard should/would get his first.

Should, but I doubt it. I wouldn't be surprised if they make him reapply.

 

[swinokur]

It'll be a few days. Sorry.

Boondock is a dick, sometimes.

But we'll keep him around for the comedic value.

My guess is MSP has decided to drop the interview portion of the "investigation". They do not have the resources to quickly process permit apps and don't want to risk the ire of Judge Legg for a failure to process apps in a timely fashion.

My .02

 

[Merlin]

Well let's see : if they issue non-G&S Permits at a rate of <100 a month and at a population of almost 6 million people, of which they might only receive lets say for sake of argument they receive a very low estimate of only about 6 thousand applications the first month, It would take 5 years to process and issue those permits.......not gonna happen....I think the whole permitting process will be thrown out and a model similar to Pennsylvania or Virginia will be put in place. I'd be willing to bet that talks are already underway to start such a transition.

Your possible correct. However IMHO, I do not think they will really revamp or streamline there system until they see the outcome in the 4th. If the state does not get their new stay stopping the ccw's from being mailed on the 7th, and knowing the MSP will be working in good faith to roll the ccw's out the best that they can, the existing system by default will limit the number of ccw that will get issued during the appeals process.

When/If the State looses in the 4th and G&S is gone forever, that's when I think you will see a big change with the way the MSP will processes the ccw's.

 

[Merlin]

Typically between 1 and 5 percent apply.

I also think that less may apply due to the economy. I have a friend at work who lives in WV. He has 9 kids and he has been talking about buying a gun for a year now but he just can't justify spending money on a gun right now because of his other bills.

So I bet many people that would like to have a ccw will not apply just because of the cost right now.

 

[Merlin]

Hey, I'm getting the most enjoyment out of this fight as I can, even if there is a stay put in place.

I would love to see the anti's vein(s) popping from their head, seeing we are so close to being issued permits.

No one can say that Inigoes does not have his eye on the ball.

 

[Merlin]

Should, but I doubt it. I wouldn't be surprised if they make him reapply.

That would be sad.

 

[Merlin]

My guess is MSP has decided to drop the interview portion of the "investigation". They do not have the resources to quickly process permit apps and don't want to risk the ire of Judge Legg for a failure to process apps in a timely fashion.

My .02

But I think if the MSP moved forward in good faith like we know they will, and as time consuming the present system is, the judge will not be unhappy. The judge just said "no more G&S", he did not say anything about the MSP had to come up with a faster system.

It would be nice if the did, and I think one day they will. But as long as they are moving forward it will be considered as complying to the order.

 

[dlmcbm]

I guess it's safe to assume that Mr. Woollard should/would get his first.

Should, but I doubt it. I wouldn't be surprised if they make him reapply.

But dont forget. Gansler states that in emergency cases that they can issue permits the same day.

 

[fatboyloball]

My guess is MSP has decided to drop the interview portion of the "investigation". They do not have the resources to quickly process permit apps and don't want to risk the ire of Judge Legg for a failure to process apps in a timely fashion.

My .02

This could be a bee's nest if they deny someone based on an investigation, discontinue investigations and approve others. I have an e-mail from Sgt. Jones which says they are processing many applications with limited manpower. Thanks for your continued patience as the staff is doing the best they can even on overtime.

This was in response to my email reminding them of 90 business days according to COMAR and asked if they were sitting on the applications instead of outright denials for lack of G&S while Legg decides the stay request. I wouldn't look for streamlined investigations or processing right now. The mentioned email was sent to me yesterday.

 

[Merlin]

But dont forget. Gansler states that in emergency cases that they can issue permits the same day.

Things Gansler considers to be an emergency are things Gansler want's, not what other people want.

 

[fatboyloball]

But I think if the MSP moved forward in good faith like we know they will, and as time consuming the present system is, the judge will not be unhappy. The judge just said "no more G&S", he did not say anything about the MSP had to come up with a faster system.

It would be nice if the did, and I think one day they will. But as long as they are moving forward it will be considered as complying to the order.

Greetings, we are processing the many applications that have arrived with limited manpower. *Thanks for your continued patience, my staff is doing the best they can, even on overtime. *Thank you.*

On Thu, Jul 19, 2012 at 9:40 AM, < wrote:
Trooper Jones,

I am writing to inquire as to the status of my handgun permit application. It has been over 90 business days since the date of the application. I am aware of the stay that is currently in place by Judge Benson Legg. My application was received after the March decision, but before the stay was granted. COMAR says that there should be a decision made on permit applications in 90 business days. 90 business days have passed and no decision has been made.

It is my belief that the department is waiting for Judge Legg to continue, or lift the stay instead of outright denying those like me who fall under the March decision. Is this the reason for the delay in my decision, or can I expect my handgun CCW permit in the mail.
Please update me on my status.



--
Maryland State Police
Handgun Permit Section Supervisor
Sergeant Michael Angelo Jones

"Your Need Is Our Business"

 

[2ndCharter]

But dont forget. Gansler states that in emergency cases that they can issue permits the same day.

I still expect them to make him go through the application process. They might be able to issue the permit the day they receive the application and should. The background investigation still likely has to take place.

When "they" say they can issue in the same day, I put that in the same category as "they can carry long guns for self defense". One of the guys in my company (former state trooper) went to the AG's office and the MSP to get one of those emergency permits. He was accompanied by a DOJ staffer that was encouraging that he do this. The DOJ had uncovered during a mob investigation that there was a fresh price on his head for his believed involvement in the prosecution of a big-time mobster whom we all know of. MD said no dice (I guess no G&S). Later that day, he ended up getting sworn in as a US Marshall just so he could carry in self defense.

Special cases for a special few. However I do believe that Mr. Woollard might get the benefit of some special treatment and should.

 

[Merlin]

This I have an e-mail from Sgt. Jones which says they are processing many applications with limited manpower. Thanks for your continued patience as the staff is doing the best they can even on overtime.

This was the point I was trying to make when I was talking about if the state did not get the stay their requesting that will prevent none G&S app's from being approved/processed.

At best as it stands now, and even knowing the MSP will be acting and working in good faith, by default, this existing system will greatly limit the number of app that will get processed during the appeal in the 4th.

And I think if the state looses in the 4th is when they will make changes to the processes.