Help Change Maryland CCW Law

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    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    Mr. Hansel is a well-known civil rights lawyer who has won some good cases in MD against police misconduct.
    http://www.jgllaw.com/Bio/CaryHansel.asp

    I've got his firm's info as my "emergency civil rights suit contact" if the MoCO PD ever goes off on a wild hair over my 2A activities, SBR ownership, "anti government extremist views," etc., etc.

    In federal civil rights cases, the plaintiff who wins gets to collect his attorneys' fees from the losing governmental agency. That's in the U.S. Code. Alan Gura is fighting with DC over this issue today as a holdover from the Heller case. We're talking millions of dollars here. And today the USSC just kicked open the courthouse door to a nation of Guras.

    And I should be careful to not cast aspersion on someone (or a firm of "someones") who wants to help. I did not mean to do so. But in CA there have been cases where litigants jumped in and did some damage. I was there when it happened and don't want to see it happen here.

    But I think it fair to ask the question to anyone who opens the discussion on the public internet: how serious are you?

    Seriously...I wish we fit Mr. Cary's profile. I'd be interested to see where they want to go.
     

    benc4liberty

    Freedom4theFreeState
    Jan 17, 2009
    40
    ...
    There will be police training memos distributed down the chain of command on this decision. It will be interesting to see what the new crime fighting strategy will be.

    You're right... perhaps the new crime fighting strategy will be to actually fight crime.

    As a former MD resident, I say good luck. Hopefully you will win, and then I'll consider a move back to Maryland.
     

    K-Romulus

    Suburban Commando
    Mar 15, 2007
    2,427
    NE MoCO
    And I should be careful to not cast aspersion on someone (or a firm of "someones") who wants to help. I did not mean to do so. But in CA there have been cases where litigants jumped in and did some damage. I was there when it happened and don't want to see it happen here.

    But I think it fair to ask the question to anyone who opens the discussion on the public internet: how serious are you?

    Seriously...I wish we fit Mr. Cary's profile. I'd be interested to see where they want to go.


    Absolutely, you are correct on all points 100%.

    I think you are talking about that Gorski guy in CA. He really parachuted in at the wrong moment. :tdown:
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,031
    Elkton, MD
    ATTYSHOOTER,

    Im not sure who you have contacted, but I would highly recomend to contact MSI (Maryland Shall Issue) in preperation for this case. I guarantee that have past documentation on past Handgun Permit denials that will greatly aid your efforts.

    If you do need funds MSI is a great resource to help get the word out to help create financial aid to help the cause.

    I already have a MD permit related to my 2 places of employment, so I cant help.
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,233
    Hanover, PA
    I think I'll wait until after the Palmer case is won before attempting MD CCW app.

    My question in the McDonald thread was never answered...

    If 2nd Amendment is incorporated via "Due Process" now, does that mean any reason previously used to grant a CCW in MD MUST be allowed for everyone?

    So if I feel threatened by drug dealers also I can get mine?
     

    Yoboney

    Senior Member
    Sep 2, 2008
    545
    I think I'll wait until after the Palmer case is won before attempting MD CCW app.

    My question in the McDonald thread was never answered...

    If 2nd Amendment is incorporated via "Due Process" now, does that mean any reason previously used to grant a CCW in MD MUST be allowed for everyone?

    So if I feel threatened by drug dealers also I can get mine?


    With the incorporation now firmly stated it will give reason that Maryland cannot discriminate against people and that they have to give the same protections to everyone so now is a good time to apply.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    Many handgun denials are based upon the 2nd amendment being a privaledge in MD, not a right.

    Now that it is incorperated as a fundamental right, there is a chance to change MD's laws.

    MD and NJ made too many rulings based on the state consitution not affording a right to bear arms.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    Many handgun denials are based upon the 2nd amendment being a privaledge in MD, not a right.

    Now that it is incorperated as a fundamental right, there is a chance to change MD's laws.

    MD and NJ made too many rulings based on the state consitution not affording a right to bear arms.

    They will find another excuse. I wouldn't count on us getting these rights in MD courts, it will likely find it's way to a higher court. We'll see.
     

    pablo

    Backpfeifengesicht
    Oct 13, 2009
    453
    Baltimore City
    I actually printed out the forms and found my nearest MSP barrack...thats a start. Think I'll wait it out a few weeks/months to see what happens when the dust settles. Anyone submitting theirs right away?
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,233
    Hanover, PA
    Washington DC was not in a hurry to be in compliance with Heller and they still aren't. What makes you think MD is going to become reformed over night without multiple expensive court battles?
     

    pablo

    Backpfeifengesicht
    Oct 13, 2009
    453
    Baltimore City
    Seemed like a good time not to appeal to evidence, rationality or reality...also something about sticking the Man in the eye with my application and making him turn it down. Fun!
     

    miles71

    Ultimate Member
    Industry Partner
    Jul 19, 2009
    2,522
    Belcamp, Md.
    I do have a permit for MD but with restrictions. My end-all goal would be unrestricted carry with a permit in MD. Does anyone think this will be posssible with the new decisions? As asked earlier, is this something to be explored on the renewal?

    If I am correct in my reading, this decision guarantees everyone the same protection and rights for something such as a CCW permit. SO does that mean everyone who already has a CCW with all the many different restrictions could be considered in need of repair? Wouldnt it be interesting if the MSP had to make all CCW permits already issued uniform. Seems to me that is everyone gets the same rights of self protection than all the existing permits should be uniform. I would like to see some law dog take that one on.

    TD
     

    gamer_jim

    Podcaster
    Feb 12, 2008
    13,233
    Hanover, PA
    I do have a permit for MD but with restrictions. My end-all goal would be unrestricted carry with a permit in MD. Does anyone think this will be posssible with the new decisions? As asked earlier, is this something to be explored on the renewal?

    If I am correct in my reading, this decision guarantees everyone the same protection and rights for something such as a CCW permit. SO does that mean everyone who already has a CCW with all the many different restrictions could be considered in need of repair? Wouldnt it be interesting if the MSP had to make all CCW permits already issued uniform. Seems to me that is everyone gets the same rights of self protection than all the existing permits should be uniform. I would like to see some law dog take that one on.

    TD

    Imagine that, equal protection under the law. :lol2:

    Someone still needs to apply for a MD CCW, get turned down and then sue. They would have to go through MD courts--all of which will uphold the denial and until you get to Fed. appeals you might have a chance. Hopefully Mr. Guru is feeling a little generous still and could help us in our fight.
     

    BondJamesBond

    Banned
    BANNED!!!
    Nov 2, 2009
    5,001
    Washington DC was not in a hurry to be in compliance with Heller and they still aren't. What makes you think MD is going to become reformed over night without multiple expensive court battles?

    Excactly. People are going to have to file suit against Maryland using McDonald as precident. But plan for the defendants to hinge their case on the words "in the home."
     

    montoya32

    Ultimate Member
    Patriot Picket
    Jun 16, 2010
    11,311
    Harford Co
    Can those of you who have your permits post the reson you gave for needing the permit? I'm not talking the standard carries large sums of cash, is a pharmacist or Dr, has been assaulted or threatened.
     

    miles71

    Ultimate Member
    Industry Partner
    Jul 19, 2009
    2,522
    Belcamp, Md.
    Mine is because I carry musical instruments that are very high in value. I am able to carry as an endorsing artists for an instrument company while transporting instruments.

    SO I usually have an instrument in my car :-)

    TD
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    They will find another excuse. I wouldn't count on us getting these rights in MD courts, it will likely find it's way to a higher court. We'll see.

    I believe that these cases can now be litigated in federal court.
     

    Celtic159

    Active Member
    Nov 27, 2008
    606
    Poolesville
    While I'd love to see CCW come to Maryland, I think this is going to be a tougher battle than some realize. I'm not a lawyer, but I believe that with SCOTUS's decision to find for McDonald based on the Due Process Clause rather than the Privileges and Immunities Clause, Maryland (and other states) can skirt the issue of CCW (or open carry) by denying it to everyone. Justice Thomas was alone in making the link between the 2nd Amendment and the P&I Clause of the 14th, which would have (had the Court hinged its decision on it) made the CCW fight all but a done deal.

    Given the fact though that the Court did make this an issue of Due Process, I'm very curious to see what effect this has on reciprocity of out of state CCW permits. I don't think Maryland can deny reciprocity now.
     

    ezliving

    Besieger
    Oct 9, 2008
    4,590
    Undisclosed Secure Location
    Given the fact though that the Court did make this an issue of Due Process, I'm very curious to see what effect this has on reciprocity of out of state CCW permits. I don't think Maryland can deny reciprocity now.
    How could they allow, for example, a Floridian with a CCW permit to carry here and not allow a Marylander with a Florida CCW permit the same freedom? "Equal Protection Clause" and all that....

    Personally, I don't see any argument for constitution rights being lost or gained at a state border.
     

    Celtic159

    Active Member
    Nov 27, 2008
    606
    Poolesville
    How could they allow, for example, a Floridian with a CCW permit to carry here and not allow a Marylander with a Florida CCW permit the same freedom? "Equal Protection Clause" and all that....

    Personally, I don't see any argument for constitution rights being lost or gained at a state border.

    Exactly. If I, as a US citizen, have obtained a CCW permit from Florida, that permit should be valid anywhere in the country, just like my marriage and driver's license are.
     
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