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

[Seagrave1963]

Considering the proximity to DC, MD is filled with tons of lawyers, consultants, lobbyists, vampyres and other bloodsuckers who require multiple shots. Hence the need to murder someone five times.

Hence the need for silver bullets!

 

[Seagrave1963]

Back on track - will the upcoming ruling on Wollard affect new CCW applicants or do we still need a ruling on the request for a stay from Judge Legg? I am absolutely ignorant of the judicial process and I certainly appreciate those that are on the "in" providing their perspective.

 

[Rossi357]

I really, really like the way this judge does business

Any way we can borrow him for the 9th circuit? We need a Judge with cajones.

 

[X-Factor]

Agreed. public relations is very important. We all need to be very aware of this responsibility.

Is this actual legal advice, now?

You can mute a teleconference when you're laughing hysterically, much harder to do in open court.

Any way we can borrow him for the 9th circuit? We need a Judge with cajones.

Move east? I don't honestly understand why you Cali/west coast gun people just don't move east....I hear AZ is close and welcoming....

 

[Biggfoot44]

Pot/ Kettle there. For decades everyone has been telling us to just move out of Md.

 

[X-Factor]

Pot/ Kettle there. For decades everyone has been telling us to just move out of Md.

Very true, but their situation is worse, and with a worse circuit court. plus earthquakes suck

 

[Merlin]

Sorry bout that. We Are gun nuts after all, right? We can't help ourselves.

That sums it up pretty well. As to when the court will rule the most you can say is "probably soon". Depends on when the judge can get to it. This isn't simple. Gura is asking the court for an actual injunction now under the 4 part test.

Is there a site on the net where you can follow what they are doing?

 

[Merlin]

The MSP has no more idea than anyone else does as to when the judge will rule. Maybe they expect guidance by Friday. That's idle speculation. Who knows what they've been told by whom.

Well lets hope they don't. Who knows what the attorneys of both sides talk about at the bars at the end of the day. You never know what favors could be called in to make this all go south for us

 

[X-Factor]

Well lets hope they don't. Who knows what the attorneys of both sides talk about at the bars at the end of the day. You never know what favors could be called in to make this all go south for us

Somehow I don't see Gura and Gansler knocking them back together...

 

[Inigoes]

Somehow I don't see Gura and Gansler knocking them back together...

Maybe they went to a turkish bath house.

 

[esqappellate]

Back on track - will the upcoming ruling on Wollard affect new CCW applicants or do we still need a ruling on the request for a stay from Judge Legg? I am absolutely ignorant of the judicial process and I certainly appreciate those that are on the "in" providing their perspective.

The stay is key. If a stay is denied the states says that its policy is to comply with the holding that G&S is unconstitutional. If the stay is granted then the state can continue to apply 5ii

 

[rob]

The stay is key. If a stay is denied the states says that its policy is to comply with the holding that G&S is unconstitutional. If the stay is granted then the state can continue to apply 5ii

At this point, I would be surprised if Judge Legg granted a stay. I would be less surprised if the 4th granted one pending appeal, this is MD after all...

If a stay is granted and the state can continue to apply G&S, then all those applications we sent in can be gleefully denied by the state with no repercussions. Correct?

Can the judge grant a stay with the condition that all applications which would be rejected for G&S be placed on hold and re-activated pending outcome of the case?

Rob.

 

[Klunatic]

Pot/ Kettle there. For decades everyone has been telling us to just move out of Md.

I hear VA is close by and relatively nice.

 

[thedaego]

There are bound to be some bad incidents, and however few or minor, they will be hysterically sensationalized by the press.

Still, I don't see why Baltimore's experience should be much different from Detroit's.


http://www.freep.com/article/201107...re-gun-shy?odyssey=tab|topnews|text|FRONTPAGE


Good article.

Thanks for the link, Threeband. Good article.

 

[Mike OTDP]

I think the question is rapidly becoming whether the 4th Circuit will grant a stay. Those questions seem to indicate that Judge Legg pas put the burden of proof on the state...which can't meet it.

And from a practical standpoint, the 4th Circuit stay would be the last hurdle. If they don't grant it, MSP has to start issuing permits. With any attempt to slow-roll the process getting immediate legal attention.

Revoking those permits later will be hard.

The other question is what the General Assembly (in session, let it be noted) does.

The smart thing to do would be to pass shall-issue and avoid a costly legal defeat. The smart thing for MSP to do would be to avoid legal issues about timely issue of permits by honoring out-of-state permits held by MD residents for at least two years - and asking people who hold them to apply for an MD permit next year, after the backlog clears.

But smart has rarely been a term applied to the Maryland government.

 

[csanc123]

But then then the Hangun Permit Review Board will be thwiddling their thumbs and crying. We can't let that happen!

The smart thing to do would be to pass shall-issue and avoid a costly legal defeat.

 

[Cranky]

Why would revoking those permits later will be hard?

I think the question is rapidly becoming whether the 4th Circuit will grant a stay. Those questions seem to indicate that Judge Legg pas put the burden of proof on the state...which can't meet it.

And from a practical standpoint, the 4th Circuit stay would be the last hurdle. If they don't grant it, MSP has to start issuing permits. With any attempt to slow-roll the process getting immediate legal attention.

Revoking those permits later will be hard.

The other question is what the General Assembly (in session, let it be noted) does.

The smart thing to do would be to pass shall-issue and avoid a costly legal defeat. The smart thing for MSP to do would be to avoid legal issues about timely issue of permits by honoring out-of-state permits held by MD residents for at least two years - and asking people who hold them to apply for an MD permit next year, after the backlog clears.

But smart has rarely been a term applied to the Maryland government.

 

[lasher9999]

Maybe they went to a turkish bath house.

and met Charlie Sheen!

 

[esqappellate]

At this point, I would be surprised if Judge Legg granted a stay. I would be less surprised if the 4th granted one pending appeal, this is MD after all...

If a stay is granted and the state can continue to apply G&S, then all those applications we sent in can be gleefully denied by the state with no repercussions. Correct?

Can the judge grant a stay with the condition that all applications which would be rejected for G&S be placed on hold and re-activated pending outcome of the case?

Rob.

Denial of a stay in dct makes it harder to get one from the CofA. Odds of defeating a stay there are not bad, especially if we get good findings from Judge Legg. Wait and see

Correct.

The court could so condition the stay but no one has asked the court to do that or raised it as an option so I doubt it will happen that way. It may make sense for the state to do so. I for one will seek to keep my app alive administratively

 

[Dead Eye]

I think the question is rapidly becoming whether the 4th Circuit will grant a stay. Those questions seem to indicate that Judge Legg pas put the burden of proof on the state...which can't meet it.

And from a practical standpoint, the 4th Circuit stay would be the last hurdle. If they don't grant it, MSP has to start issuing permits. With any attempt to slow-roll the process getting immediate legal attention.

Revoking those permits later will be hard.

The other question is what the General Assembly (in session, let it be noted) does.

The smart thing to do would be to pass shall-issue and avoid a costly legal defeat. The smart thing for MSP to do would be to avoid legal issues about timely issue of permits by honoring out-of-state permits held by MD residents for at least two years - and asking people who hold them to apply for an MD permit next year, after the backlog clears.

But smart has rarely been a term applied to the Maryland government.

From a political standpoint, looking defeat in the eyes, one would think that the AG would be advocating (if he already hasn't been behind closed doors) "Shall Issue" through the legislation, since it takes the onus of the issue off of his shoulders. He can then go back to clinging to the mantra that he was "just doing his job", and continues to do so, rather than continuing the political route, by; conjoling, stone-walling, and obfuscation.