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

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    Glaug-Eldare

    Senior Member
    BANNED!!!
    Jan 17, 2011
    1,837
    :lol: That wasn't self-explanatory! That was intentionally vague! What a jerk. He could have just answered your request for clarification.

    I'd love it if Legg responded to the State's request for clarification with the same tone: "I believe that my ruling is self-explanatory. *If you have specific questions concerning the ruling, I suggest you read the US Constitution."

    If he sent a memo like that, he would win ten thousand badass points.
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,849
    Somewhere in MD
    <snip>

    Dear Mr. Watson,

    In applying Maryland's handgun permit law, the Maryland State Police will
    continue to be guided by the courts' interpretation of the law.
    The
    Attorney
    General's Office is appealing the trial judge's decision and is asking the
    trial judge to keep the "good and substantial reason" requirement in place
    during the appeal process. *The trial judge has not yet ruled on whether
    the
    "good and substantial reason" requirement will remain in effect.

    Mark H. Bowen
    Assistant Attorney General
    <snip>
    Guessing that he means that MSP will continue to follow the MD Court rulings on the issue, and once again MD will snub the ruling from a federal court. This shouldn't come as a surprise, since they basically said "prove that you mean it" to SCOTUS a while back (can't recall the exact case, although it has been posted about on here a few times already).
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    Guessing that he means that MSP will continue to follow the MD Court rulings on the issue, and once again MD will snub the ruling from a federal court. This shouldn't come as a surprise, since they basically said "prove that you mean it" to SCOTUS a while back (can't recall the exact case, although it has been posted about on here a few times already).

    Yes, which court?

    If someone wants to ask a more specific question, ask whether the MSP will follow the ruling provided in Woollard or whether they will continue to follow state-court ruling (Snowden, et al.)?

    If he waffles, ask which court/case they are using right now.
     

    X-Factor

    I don't say please
    Jun 2, 2009
    5,244
    Calvert County
    Sent this:

    Sir:

    In the light of Judge Leggs's District Court ruling in the case of Woolard v. Sheridan, will the Maryland State Police issue Handgun Permits that reflect THAT decision (striking the "Good and Substantial" clause), or continue to issue them based ON "Good and Substantial" and the old way of issuance? I would refer you to page 20 of Judge Legg's decision:

    "At bottom, this case rests on a simple proposition: If the Government wishes to burden a right guaranteed by the Constitution, it may do so provided that it can show a satisfactory justification and a sufficiently adapted method. The showing, however, is always the Government's to make. A citizen may not be required to offer a "good and substantial reason" why he should be permitted to exercise hus rights. The right's existence is all the reason he needs."

    Hence the need for my question. Will MSP NOW honor the spirit and letter of Judge Legg's decision or continue to issue permits based on struck down encumbrances?

    I look forward to your reply and remain Respectfully Yours,

    **X-Factor**
     

    SkunkWerX

    Ultimate Member
    Jul 17, 2010
    1,577
    MoCo/HoCo border
    I think it's good that our MD servants get emails and have to respond to them, they work for us, not vice versa. :thumbsup:

    Did you send him a gallon of gorilla sh.. :D
    I guess that was inferred. :lol2:
     

    AC20814

    American
    Mar 8, 2012
    194
    Bethesda, MD
    I do not know what they consider a crime. Do they mean traffic incidents? Are you "charged" with a crime when you break a traffic law?

    I know technically MSP can check other databases (and it would for the mental health and substance abuse issues), but wouldn't it be reasonable to assume that the only items you need to disclose with regard to your criminal background are the ones that appear on your CJIS State + FBI background check? If so, couldn't you just run your background check and see what shows up? (i.e., go to your local PD, fill out Form 011, get fingerprinted, and send it along with $37.25 to Pikesville)

    -Alex
     

    Mr H

    Banana'd
    I know technically MSP can check other databases (and it would for the mental health and substance abuse issues), but wouldn't it be reasonable to assume that the only items you need to disclose with regard to your criminal background are the ones that appear on your CJIS State + FBI background check? If so, couldn't you just run your background check and see what shows up? (i.e., go to your local PD, fill out Form 011, get fingerprinted, and send it along with $37.25 to Pikesville)

    -Alex

    Well, If I get denied because of my 5-yearly (or so) 70mph-in-a-60 oopsie, then we have bigger fish to fry.
     

    AC20814

    American
    Mar 8, 2012
    194
    Bethesda, MD
    Well, If I get denied because of my 5-yearly (or so) 70mph-in-a-60 oopsie, then we have bigger fish to fry.

    Correct me if I'm wrong but I don't think minor traffic offenses would show up on your CJIS-CR background check. I was referring to the more borderline cases such as PBJ'd DUIs from >5 years ago, juvenile offenses, expunged offenses, etc.

    -Alex
     

    Straightshooter

    Ultimate Member
    Aug 28, 2010
    5,015
    Baltimore County
    Correct me if I'm wrong but I don't think minor traffic offenses would show up on your CJIS-CR background check. I was referring to the more borderline cases such as PBJ'd DUIs from >5 years ago, juvenile offenses, expunged offenses, etc.

    -Alex

    If I had an arrest or conviction that I spent a lot of effort and money to have expunged, there's no way I'd give that information to the MSP voluntarily to have it entered into their records again. I'd choose my references to include only people that have no knowlege of such information.
     
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