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

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    Nobody

    Ultimate Member
    Jan 15, 2009
    2,880
    Thanks for the fight and win in this round. While I am probably the biggest NEYSAYER here, I would also like to let you know that I am now and have been in on the fight.

    NOBODY
     

    PJDiesel

    Banned
    BANNED!!!
    Dec 18, 2011
    17,603
    I would be careful to send in an existing app. They may try to change the app based on this ruling if they don't get a stay. The current app has a place for a reason, which may get modified or removed:)

    I am sure they will look for any reason to deny. Like using an outdated app.

    I hear what you are saying, but... waiting around for them to change the app might not be the greatest idea either. I'm only able to submit what they provide me, can't anticipate a change to their form (if any).

    Now, if you printed one out today and send it in next year, that could be an issue...
     

    sandbanger

    how's it going eisenhower
    Dec 14, 2010
    1,596
    holyt shit!!! just got this in an email from work!!! rmember though, maryland follows its own rules, and could care less about a federal ruling, unless its from dear leader Obama.
     

    CWood

    Active Member
    May 2, 2011
    317
    S.MD
    Great work. Seems like the web donation page is jamed?
    I'll check it later to make sure it went through. Did the NRA help us on this at all?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,958
    Bel Air
    holyt shit!!! just got this in an email from work!!! rmember though, maryland follows its own rules, and could care less about a federal ruling, unless its from dear leader Obama.

    MD doesn't have a choice. This is in the Constitution they agreed to back when they joined the Union.
     

    Vendicator

    Active Member
    Nov 5, 2010
    220
    Best Monday I have had in a long time! Just got done donating more to the SAF and MSI! Taking care of my Utah and Florida CCW class requirements here soon - hopefully I will be adding a MD permit to my list in no time!
     

    2ndCharter

    Based dude w/ lovin' hands
    MDS Supporter
    Apr 19, 2011
    4,893
    Eastern Shore
    Another had previously mentioned that this should strike out restrictions for the current permit holders. That is my opinion as well. Those restrictions are based upon those G&S categories and an applicant’s rational basis for approval. The first letter I drafted today was to have them removed or voided.
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,522
    Westminster USA
    From SAf
    NEWS RELEASE

    Second Amendment Foundation

    12500 NE Tenth Place • Bellevue, WA 98005
    (425) 454-7012 • FAX (425) 451-3959 •
    www.saf.org



    MARYLAND RULING A ‘HUGE VICTORY’ FOR SECOND AMENDMENT, SAYS SAF

    For Immediate Release: 3/5/2012

    BELLEVUE, WA – A federal court ruling in Maryland, that the Second Amendment right to bear arms extends beyond the home and that citizens may not be required to offer a “good and substantial reason” for obtaining a concealed carry permit, is a huge victory, the Second Amendment Foundation said today.
    Ruling in the case of Woollard v. Sheridan – a case brought by SAF in July 2010 on behalf of Maryland resident Raymond Woollard, who was denied his carry permit renewal – the U.S. District Court for Maryland ruled that “The Court finds that the right to bear arms is not limited to the home.”
    U.S. District Court Judge Benson Everett Legg noted, “In addition to self-defense, the (Second Amendment) right was also understood to allow for militia membership and hunting. To secure these rights, the Second Amendment‘s protections must extend beyond the home: neither hunting nor militia training is a household activity, and ‘self-defense has to take place wherever [a] person happens to be’.”
    “This is a monumentally important decision,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The federal district court has carefully spelled out the obvious, that the Second Amendment does not stop at one’s doorstep, but protects us wherever we have a right to be. Once again, SAF’s attorney in this case, Alan Gura, has won an important legal victory. He was the attorney who argued the landmark Heller case, and he represented SAF in our Supreme Court victory in McDonald v. City of Chicago.
    “Equally important in Judge Legg’s ruling,” he added, “is that concealed carry statutes that are so discretionary in nature as to be arbitrary do not pass constitutional muster.”
    “A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,” Judge Legg wrote. “The right’s existence is all the reason he needs.”
    “Judge Legg’s ruling takes a substantial step toward restoring the Second Amendment to its rightful place in the Bill of Rights, and provides gun owners with another significant victory,” Gottlieb concluded. “SAF will continue winning back firearms freedoms one lawsuit at a time.”
    The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.
    -END-

    http://www.saf.org/
     

    ffemtreed

    Ultimate Member
    Feb 1, 2011
    1,383
    Wilmington, NC
    hmm... maybe this ruling will force a law change on one of the CCW bills currently alive in the general assembly to be passed and signed into law. So Gansler doesn't appeal this ruling because the legislature passed a law basically mimicking the court ruling. So now we have a law in place that is backed by the court so the legislature can't go back in a year or two and change it.
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    images


    Thanks to all who played a part in this!!! More donations coming this payday!!! :thumbsup:
     

    CharlieFoxtrot

    ,
    Industry Partner
    Sep 30, 2007
    2,531
    Foothills of Appalachia
    A couple of other thing in addition to my take on the decision (post #4607). I was wrong the law says the secretary shall issue a permit “within a reasonable time.” So there is a time limit however nebulous it may be. Secondly the good and substantial requirement is legislative. The decision invalidates 5 (ii). Therefore you can make an argument that if a person fulfills all the other criteria in the statute then they must (it says shall) issue a permit. The statute reads:


    5-306. Qualifications for permit.


    (a) In general.- Subject to subsection (b) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:

    (1) is an adult;

    (2) (i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or

    (ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. 925(c);

    (3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;

    (4) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction; and

    (5) based on an investigation:

    (i) has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and

    (ii) has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.

    (b) Applicant under age of 30 years.- An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been:

    (1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or

    (2) adjudicated delinquent by a juvenile court for:

    (i) an act that would be a crime of violence if committed by an adult;

    (ii) an act that would be a felony in this State if committed by an adult; or

    (iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult.
     

    Elliotte

    Ultimate Member
    Aug 11, 2011
    1,207
    Loudoun County VA
    I am using two from MD, one from DE. They aren't going to call them and ask their opinions on guns, they are simply character references.

    That being said, it is a good idea (always) to contact people in advance to let them know you are using them as a reference.

    what about neighbors or coworkers? could you use any of them as a reference?

    I was planning on contacting folks in advance, obviously. The problem is that I don't know most of our neighbors, despite living there for 3 1/2 years, there's been a high turnover on the street and half the neighbors the wife and I just don't get along with. That narrows it down to basically 1 family that we get along with, and we've known for 2+ years. For coworkers I might be able to get 1 or 2 of them.

    I know they're only going to ask the folks about my character and such, it's more the matter of explaining to them what the character references are for. Anybody got some advice on how to explain it to folks that are questionable in the ccw opinions?
     
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