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

[Squirrel Hunter]

Would applying be worth the cost/time now ?

 

[faze]

Would applying be worth the cost/time now ?

Nope... Wait until the appeal is done then see what happens.

 

[T-Man]

I am assuming they will ask Judge Legg for a stay which I get the impression he is unlikely to grant based on his ruling. He found no interest being protected in MD G&S clause which is why he struck it down. I am not sure what grounds they will argue a stay is required.

Then they will have to request a stay from the 4th Circuit. Legg really stuck his neck out and gave us a fantastic ruling and opinion.

Choke on it MOM and Gansler, you both suck.

RE: Legg sticking his neck out -- I love the ruling, but Legg was smart about how he went about it. He granted the motion on the most limited ground possible while citing cases and exceptions left and right and leaving the bigger issues for the Supremes. Very Crafty and seemingly difficult to successfully appeal short of the Supreme Court. Really, he agreed with what was part of Heller, 2a a personal right and found the asinine response of MD why they were restricting the right, well, asinine. By relying on the clear principles of Heller et al, I think it has to get back to them to get overturned.

 

[X-Factor]

Some say yes, some say no. I'm going to start the paperwork/fingerprinting on Thurs and drop the application as soon as I think it won't be wasted.

 

[HardHatMan]

Who gives a crap about the poll. 2A won today no matter what the hell the polls say.

OMG, freaking THIS!!!

 

[Kashmir1008]

as a side note - SAF also kicked some butt in Colorado - What a day

http://www.mdshooters.com/showthread.php?t=77742

 

[Crab Bait]

I was planning a Utah course this month.

Would this still be a good idea?

I see the General Assembly preempting an appeal decision with a law that makes MD a shall issue state but with a huge hurdle like an extensive/expensive training requirement.

 

[X-Factor]

I was planning a Utah course this month.

Would this still be a good idea?

I see the General Assembly preempting an appeal decision with a law that makes MD a shall issue state but with a huge hurdle like an extensive/expensive training requirement.

That argument, while seemingly logical, was debunked a few pages back I thin.

 

[Glaug-Eldare]

I was planning a Utah course this month.

Would this still be a good idea?

I see the General Assembly preempting an appeal decision with a law that makes MD a shall issue state but with a huge hurdle like an extensive/expensive training requirement.

Don't see why not. It'll probably be a while yet before they start issuing permits again, and few states recognize ours anyway. It's gonna take time 'til we get where we need to be.

 

[X-Factor]

Yup

 

[Les Gawlik]

Would applying be worth the cost/time now ?

I would encourage everyone who has ever had a fleeting thought of a CC permit to apply right now. If the equal protection or prior restraint arguments ever get revisited, it would be great to show that as soon as G&S was removed (even at the trial court level), the state was flooded by sincere and qualified applicants.

 

[southern71]

I was checking the story out on WBAL and saw this posted below the story. http://wbal.com/article/87374/2/template-story/UPDATE-Teen-Girl-Was-Shot-By-Friends Just can't let it go without trying to stab at us with another anti story. All this good news and they want to poke this story in there. Guess it is only fair since we get a little 2A, we can let them have their 1A.

 

[faze]

I was checking the story out on WBAL and saw this posted below the story. http://wbal.com/article/87374/2/template-story/UPDATE-Teen-Girl-Was-Shot-By-Friends Just can't let it go without trying to stab at us with another anti story. All this good news and they want to poke this story in there. Guess it is only fair since we get a little 2A, we can let them have their 1A.

Saw that too and thought the same thing. Screenshots of that will plague any appeal hearings.

 

[X-Factor]

I was checking the story out on WBAL and saw this posted below the story. http://wbal.com/article/87374/2/template-story/UPDATE-Teen-Girl-Was-Shot-By-Friends Just can't let it go without trying to stab at us with another anti story. All this good news and they want to poke this story in there. Guess it is only fair since we get a little 2A, we can let them have their 1A.

2A guarantees the rest.

 

[PJDiesel]

Some say yes, some say no. I'm going to start the paperwork/fingerprinting on Thurs and drop the application as soon as I think it won't be wasted.

Photos are time sensitive, have to be within 30 days. Id imagine they dont want to see old dates on the notary pages either.

 

[Inigoes]

What's the chances of the appeal being granted and the stay being denied?
Previously in this thread there was talk about it not getting the stay because it was unconstitutional.

RE: Legg sticking his neck out -- I love the ruling, but Legg was smart about how he went about it. He granted the motion on the most limited ground possible while citing cases and exceptions left and right and leaving the bigger issues for the Supremes. Very Crafty and seemingly difficult to successfully appeal short of the Supreme Court. Really, he agreed with what was part of Heller, 2a a personal right and found the asinine response of MD why they were restricting the right, well, asinine. By relying on the clear principles of Heller et al, I think it has to get back to them to get overturned.

After reading the Opinion/Memorandum/whatever you call it. Judge Legg did an outstanding job, using the 4th's logic, and the SCOTUS as well.

A twist of Irony, Judge Legg used many citations from previous cases that involved Maryland denial of constitutional issues.

Add two and two together (The courts would have to circumvent their own decisions, adding in Maryland's track record for denying consitutional rights), all we have to do is watch the train wreck over the next few months.

 

[vwluv10338]

RE: Legg sticking his neck out -- I love the ruling, but Legg was smart about how he went about it. He granted the motion on the most limited ground possible while citing cases and exceptions left and right and leaving the bigger issues for the Supremes. Very Crafty and seemingly difficult to successfully appeal short of the Supreme Court. Really, he agreed with what was part of Heller, 2a a personal right and found the asinine response of MD why they were restricting the right, well, asinine. By relying on the clear principles of Heller et al, I think it has to get back to them to get overturned.

Retracted

 

[vwluv10338]

Retracted

 

[yellowsled]

I personally think I am gonna bite the bullet and submit an application. I would love to stand in front of that board and read Judge Leggs decision to them


The Court finds that Maryland‘s requirement of a ―good and substantial reason‖ for
issuance of a handgun permit is insufficiently tailored to the State‘s interest in public safety and crime prevention. The law impermissibly infringes the right to keep and bear arms, guaranteed by the Second Amendment.

 

[platekiller]

So what are the odds of getting a permit if I apply? I understand people saying to send in the app and all. I don't have the money to waste if there isn't a real chance of getting one. I do really want a permit though.