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

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    prpete

    Active Member
    Nov 10, 2008
    111
    Aberdeen
    Yes. You know it, I know it. Someone just needs to tell Maryland. They probably know it too, but since they don't like it, they are holding their breath and closing their eyes and sticking their fingers in their ears. The MD government will not recognize it until the dunce cap is put on them and they are forced to write on the chalkboard: "THE SECOND AMENDMENT IS A FUNDAMENTAL RIGHT" 100 times.

    Maybe that someone could be a judge from a higher court, in reaction to legal action by the people who file suit on not only a second amendment basis, but every other constitutional law that the the permit law is violating.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,824
    Bel Air
    Maybe that someone could be a judge from a higher court, in reaction to legal action by the people who file suit on not only a second amendment basis, but every other constitutional law that the the permit law is violating.

    The fact that you need a permit is in and of itself Unconstitutional. We don't need the Gov to permit us to exercise a fundamental right. It will take a little time, but I think MD will be put in it's place.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,579
    Hazzard County
    Money's tight this month, but hopefully I can get an SAF life membership in September/October.

    The loser pays the court costs. Don't worry, DC and Chicago owe Mr. Gura a large, large, tab.
    Gura has asked for over $3.4mil for Heller. DC's claiming they shouldn't have to pay as it boosted his career to extreme heights. :lol2:
     

    Spot77

    Ultimate Member
    May 8, 2005
    11,591
    Anne Arundel County
    Money's tight this month, but hopefully I can get an SAF life membership in September/October.

    Gura has asked for over $3.4mil for Heller. DC's claiming they shouldn't have to pay as it boosted his career to extreme heights. :lol2:

    Yet another lawsuit waiting to happen that the taxpayers will have to fund....
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,910
    WV
    Complicate it yes.Only it (Maryland handgun permit law) needs to be confronted and challenged in EVERY possible direction that is needed to stop it.How much easier to stop it if it not only is in violation of one costitutional amendment, but 2 or 3, all together?

    I'm assuming for an equal protection case you'd probably need the MSP to open their books and reveal who the current permitholders are. That could possibly mean a whole nother process and time to get that. I guess Gura and Co. don't feel its needed and want to get this done before some crackhead comes through the court system and damages caselaw further.
     

    Boxcab

    MSI EM
    MDS Supporter
    Feb 22, 2007
    7,909
    AA County
    Wow, look what I missed! I've been out of touch for a week for work. It's good to see good news for Maryland.

    A couple of weeks ago, July 17th, we held the 4th Open Holster Rally. About 40 supporters showed up for the event. I wonder how many supports we would have if we held a rally this August 21st? Timing is everything. :)

    The SAF is working the Judicial front in our war for our Second Amendment Rights. This winter MSI will be working the Legislative front. The time has come where our General Assembly will have to reconsider their gun laws. Some will try to make them “McDonald” proof, others (our friends) will try to bring them into compliance. We will need everyone’s support to fight the battles that are looming on the horizon. The fight starts this November when we elect into office those who will either work with us or against us. Then in February the 2011 General Assembly begins. Start thinking about ways you can help. Writing letters, making phone calls, attending hearings and participating in your governmental process. MSI can and will provide you with guidance and tools.

    Stay tuned kids, the best is yet to come!


    -Boxcab
     

    joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,650
    MD
    I'm in the same boat as Boxcab. I take a couple of days off and you people start the revolution... It'll probably be tomorrow before I'm back up to speed on all counts but this is more amazing than I could have dreamed of.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,742
    Bowie, MD
    I sent SAF a one year membership and a check for $150 is on it's way to MSI for group recognition. SAF is a savvy bunch...those who joined as life members will be recognized as residing in Maryland, having joined the fight as a result of the Maryland suit. Win win for everyone.
     

    krucam

    Ultimate Member
    I like others here have been "out of touch" for a while. I just finished up bicycling across Iowa and missed my laptop!

    Fantastic news here. CA, NY, DC and now MD have similar suits now challenging discretionary issue. As Patrick mentioned, Palmer (DC) and Sykes (CA) are overdue for decision at their respective Courts. Hopefully Delegate Dwyer will take Patricks submission (revised letter to the AG) and resubmit the questions. That letter brings up the same points as the NY/MD/NC suits, that being that these laws are a violation of 42 U.S.C. § 1983, Civil action for deprivation of rights.

    This is fantastic footing to be on and is all do to SAF & Gura with Heller and especially McDonald. Please keep the pressure up. You can count on the antis in Annapolis to come out swinging when the next session convenes in February. The big prize WILL be one soon (Shall Issue), but the myriad of other Legislative actions are endless that they will put forth.

    Great news but this is far from over. I do think it is time however to start shopping around for a pocket gun... :innocent0
     

    TheZman

    Active Member
    May 10, 2010
    112
    I see good news and bad news in this case. Count I is not a slam dunk as Heller did not provide a blanket right to self-defense in all places at all times. A reasonable person could read the decision and find the court views self-defense as a constitutional right, regardless of location. On the other hand, that was not stated in the majority opinion. Instead we get, "Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid."

    Because of that ambiguity, it will have to be further defined in subsequent court cases. My own opinion is that it would require some very strange reasoning to claim the right of self defense is limited to the home.

    Count II is much stronger. The Maryland Public Safety Code in question cannot survive equal protection claims. The very fact that there does not appear to be an objective standard at all, regardless of the due process protections, inevitably results in an unequal application of the law.

    The good news here is they will probably win on Count II. The bad news is the state will simply stop issue new permits and renewing current permits until the legislature and courts work their magic.

    It would be nice to think the political class in this state will throw in the towel and not waste the people's money on fighting this litigation. I'm not confident of that, but you never know.
     

    Dead Eye

    Banned
    BANNED!!!
    Jul 21, 2010
    3,691
    At Wal-Mart, buying more ammo.
    I see good news and bad news in this case. Count I is not a slam dunk as Heller did not provide a blanket right to self-defense in all places at all times. A reasonable person could read the decision and find the court views self-defense as a constitutional right, regardless of location. On the other hand, that was not stated in the majority opinion. Instead we get, "Whatever the reason, handguns are the most popular weapon chosen by Americans for self-defense in the home, and a complete prohibition of their use is invalid."

    Because of that ambiguity, it will have to be further defined in subsequent court cases. My own opinion is that it would require some very strange reasoning to claim the right of self defense is limited to the home.

    Count II is much stronger. The Maryland Public Safety Code in question cannot survive equal protection claims. The very fact that there does not appear to be an objective standard at all, regardless of the due process protections, inevitably results in an unequal application of the law.

    The good news here is they will probably win on Count II. The bad news is the state will simply stop issue new permits and renewing current permits until the legislature and courts work their magic.

    It would be nice to think the political class in this state will throw in the towel and not waste the people's money on fighting this litigation. I'm not confident of that, but you never know.

    Maybe that is where we can organize those that can't financially contribute? Point being, EVERYONE can write a letter to their elected official outlining their disdane that their tax dollars are being used to fund the lawsuit to fight this case, and others like it.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,445
    White Marsh
    I sent SAF a one year membership and a check for $150 is on it's way to MSI for group recognition. SAF is a savvy bunch...those who joined as life members will be recognized as residing in Maryland, having joined the fight as a result of the Maryland suit. Win win for everyone.

    I sent a note with my dues saying that I was upping my membership as a direct result of this lawsuit.

    I also sent another one to the 800 pound gorilla telling them about my upgraded membership with SAF.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,742
    Bowie, MD
    I sent a note with my dues saying that I was upping my membership as a direct result of this lawsuit.

    I also sent another one to the 800 pound gorilla telling them about my upgraded membership with SAF.

    Well, the gorilla didn't hear those of us who screamed for help in MD. Maybe it at least can read.
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,031
    Elkton, MD
    Im a little lost here.

    Are people arguning on strategy when their imput wont even effect the case, and are people actaully ANGRY because SAF isnt discussing the strategy? :rolleyes:
     
    Last edited:

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    Complicate it yes.Only it (Maryland handgun permit law) needs to be confronted and challenged in EVERY possible direction that is needed to stop it.How much easier to stop it if it not only is in violation of one costitutional amendment, but 2 or 3, all together?

    SAF also sued MD on Due Process grounds. They did not specifically call out "the politically connected", but Due Process is Due Process. I guess they could eventually make an issue of it.

    Debate over. Everyone wins. ;)
     

    prpete

    Active Member
    Nov 10, 2008
    111
    Aberdeen
    SAF also sued MD on Due Process grounds. They did not specifically call out "the politically connected", but Due Process is Due Process. I guess they could eventually make an issue of it.

    Debate over. Everyone wins. ;)

    that's good to hear, let's keep hope :thumbsup:
     
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