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

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Status
    Not open for further replies.

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    I am now a Life Member of the SAF.

    I hope the NRA butts out, and I'm a member there as well. Nothing was stopping them from filing suit.

    God Bless Alan Gura!

    :lol: :thumbsup:
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    Reciprocity would of course be an issue, but that doesn't stop other states from honoring the permit.

    A state could choose to honor Maryland's permit, even if Maryland did not honor its permit.

    I believe before AZ went to their no-permit-needed system, they passed a law to honor the permits of all 50 states.
     

    80thdiv313fa

    Member
    Jul 8, 2009
    91
    Maine
    I just joined SAF as a life member. I also made sure in the comments section to tell them that today's news sealed the deal for me to make that decision. This is awesome!
     

    Oreo

    Banned
    BANNED!!!
    Mar 23, 2008
    1,394
    You know, all this talk of reciprocity may be moot in 5 years time. When the house of cards finally comes tumbling down I suspect the states won't have much choice in the matter of reciprocity.
     

    Abacab

    Member
    Sep 10, 2009
    2,644
    MD
    A non restricted MD Permit would give you the state of Michigan added to reciprocity if you already have a FL and UT permit.



    With a MD, UT, and FL permit you could carry in the following (34 States):

    Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Michigan, Missouri, Montana, Nebraska, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wyoming


    To maximize Permits then you would need to get these permits as well (4 States):

    Nevada
    New Hampshire
    Connecticut
    Maine


    You could still NOT carry in the following States/Districts/Territories:

    California, Colorado, Hawaii, Iowa, Massachusetts, New Jersey, New York, Oregon, Rhode Island, South Carolina, Guam, Puerto Rico, Virgin Islands, District of Columbia, Illinois, Wisconsin, American Samoa, N. Mariana Islands

    Where does it say in Michigan law that it must be unrestricted?

    States with restricted permits are generally states with purchase permits a la new york.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,394
    Westminster USA
    You know, all this talk of reciprocity may be moot in 5 years time. When the house of cards finally comes tumbling down I suspect the states won't have much choice in the matter of reciprocity.

    Maybe one day a CCW permit will be treated like a DL. All you'll need is one from your home state.

    Wishful thinking
     

    weeman

    Active Member
    Oct 2, 2009
    840
    A non restricted MD Permit would give you the state of Michigan added to reciprocity if you already have a FL and UT permit.



    With a MD, UT, and FL permit you could carry in the following (34 States):

    Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Michigan, Missouri, Montana, Nebraska, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wyoming


    To maximize Permits then you would need to get these permits as well (4 States):

    Nevada
    New Hampshire
    Connecticut
    Maine


    You could still NOT carry in the following States/Districts/Territories:

    California, Colorado, Hawaii, Iowa, Massachusetts, New Jersey, New York, Oregon, Rhode Island, South Carolina, Guam, Puerto Rico, Virgin Islands, District of Columbia, Illinois, Wisconsin, American Samoa, N. Mariana Islands

    I thought that with a permit from your home state you would be allowed to carry in South Carolina.
     

    Oreo

    Banned
    BANNED!!!
    Mar 23, 2008
    1,394
    I'm just thinking that SAF / Alan Gura are moving really, really fast now. Reciprocity will fundamentally change, one way or the other. It has to. Maybe that means we only need a MD & one other permit to get all 50 states, or maybe that means CHL are just like DL, but I think the days of stacking up a handful of permits... those days are numbered.
     

    ezliving

    Besieger
    Oct 9, 2008
    4,590
    Undisclosed Secure Location
    SAF, Alan Gura, sue over Maryland carry permit denial

    Posted by David Hardy · 29 July 2010 02:49 PM
    Story here. Again, a careful choice of plaintiff, facts, and law. Plaintiff had a permit to carry after his house was broken into; then renewal was denied for lack of demonstrated cause, even though the perp is now out of prison and living a few miles away.
    And to think -- it was only a few years ago that Brady and others were suing gun manufacturers right and left, as part of a campaign to bankrupt the industry, a campaign that had a good chance of succeeding. Today, they're on the defensive (to the extent they act at all) and the progun side is on the offense. Since almost all of it has occurred over the last month or so, it's more than an offense, it's a legal blitzkrieg.

    http://armsandthelaw.com/archives/2010/07/saf_alan_gura_s.php
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,031
    Elkton, MD
    Where does it say in Michigan law that it must be unrestricted?

    States with restricted permits are generally states with purchase permits a la new york.

    I spoke to the Michigan State Police when I was traveling with my work permits (MD Specifically). They said they will not honor restricted permits.

    Perhaps local cops wouldnt care but I wont test it.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,031
    Elkton, MD
    I thought that with a permit from your home state you would be allowed to carry in South Carolina.

    You may be correct there. I thought that S.C. had to review the state to see if the permit meets their criteria first before reciprocity is given.

    I may be wrong here.
     

    ezliving

    Besieger
    Oct 9, 2008
    4,590
    Undisclosed Secure Location
    Gun rights advocates challenge Maryland's restrictions on handgun carry permits

    By Maria Glod
    Washington Post Staff Writer
    Friday, July 30, 2010


    The gun rights advocates who successfully challenged the District's gun laws have moved their campaign to Maryland, filing a federal lawsuit claiming that the state's weapons restrictions violate the Second Amendment.

    The seven-page suit filed in U.S. District Court in Baltimore on Thursday challenges Maryland's restrictions on handgun carry permits. Under state law, applicants must show, among other things, that they are not addicted to drugs or alcohol, don't have a history of violence and have a "good and substantial reason" to carry a gun.

    Plaintiff Raymond Woollard, a Navy veteran who once fought with an intruder in his Baltimore County home, was denied a permit because the state found that he could not show he had been subject to "threats occurring beyond his residence," according to the suit.

    "He was only denied for lack of a so-called good and substantial reason," said Cary J. Hansel, one of the plaintiffs' lawyers. He said Woollard met all the other hurdles.

    "Imagine a world in which you had to go to the government and show a good and substantial reason to exercise your constitutional rights?" Hansel said. "We are not arguing there shouldn't be background checks, fingerprints, mental examinations or training requirements."

    The lawsuit comes in the aftermath of recent court victories for gun rights advocates. In June, the Supreme Court ruled that the Second Amendment provides Americans a fundamental right to bear arms that cannot be violated by state and local governments. The decision extended the court's landmark 2008 ruling that struck down the District's decades-old ban on handgun possession.

    Raquel Guillory, a spokeswoman for Maryland Attorney General Douglas F. Gansler declined to comment on the case, saying state officials have not yet reviewed the arguments.

    But Guillory said the attorney general's office reexamined state gun laws in the context of the recent Supreme Court rulings. "We have reviewed Maryland gun laws and concluded none of them are so stringent as to violate the Second Amendment," she said.

    The lawsuit, also filed on behalf of the Bellevue, Wash.-based Second Amendment Foundation, names the Maryland State Police superintendent, Col. Terrence B. Sheridan, and three members of the state handgun permit review board as defendants.

    Hansel said a permit generally is needed to carry a handgun outside the home in Maryland. There are some exceptions, he said, including transporting a gun home after it is purchased or traveling to a shooting range.

    According to the suit, Woollard, who lives on a Baltimore County farm, was with his family on Christmas Eve 2002 when a man shattered a window and broke into his home. Woollard trained his shotgun on the man, but the two fought and the intruder pulled the gun away. Woollard's son eventually got another gun, ending the fight.

    The intruder was convicted of burglary in that case and ultimately was sent to prison after violating probation, according to the lawsuit. The man, who was released from prison in 2005, lives about three miles from Woollard.

    Woollard's handgun permit was renewed in 2005, according to the lawsuit. He sought to renew it again in 2009 but was denied. The board found Woollard had not "submitted any documentation to verify threats occurring beyond his residence, where he can already legally carry a handgun," the suit states.

    http://www.washingtonpost.com/wp-dyn/content/article/2010/07/29/AR2010072905675.html
     
    Status
    Not open for further replies.

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    274,918
    Messages
    7,258,760
    Members
    33,348
    Latest member
    Eric_Hehl

    Latest threads

    Top Bottom