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

[jmcgonig]

I gave the story a vote of one star and I commented. Everyone should vote and comment on this garbage opinion piece.

I don't see your comment on the page... ????

 

[PJDiesel]

I'm not registering either, this really burns me though, even the title is total schit. How is it an "attack" to go through the proper judicial channels to get BACK a right that was wrongly taken away?

 

[Patrick]

One of the problems I have with the opinion was the glibness with which the prior restraint argument was dismissed. Given the Conaway case and the things which are in the public domain, I thought that argument was a winner, and I still do. The licensing process is little more than bureaucratic whim.

The judge didn't go there, and that is a good thing in my opinion.

Other courts have dismissed plaintiff by attacking an EP or PR argument. They all inevitably end with something like, "...due to fault X, our inquiry can stop here. We need not delve into the 2A issue."

It's Constitutional Avoidance on crack: find any possible way to refuse a ruling on "outside the home".

The 4th Circuit did this in Masciandaro, and went so far as to actually warn its lower courts to avoid the question at all cost. Judge Legg went to some pain to demonstrate that he just could not avoid the question, then he wrote an opinion devoid of any controversy other than the question of "outside the home." He chose intermediate scrutiny, which - again - is not subject to controversy in the 4th because they already deemed it necessary for felons.

See what he did there?

The state, the court and the plaintiffs must all address exactly one issue during appeal: is "outside the home" literally one-step too far?

Nothing else. The state will try to take issue with everything but that question - because Heller, McDonald and even Chester proscribed an originalist framework for the analysis of 2A issues. The simple fact is that in 1789 the right was understood to extend everywhere you were. The state cannot reasonably argue otherwise, and CA 4 cannot avoid the damn question this time.

The state is crapping bricks right now because this appeal is going to be all 2A, all the way.

Prediction: the AG's people will concoct any excuse to avoid that question and will somehow fill 2/3rds of their opinion with drivel including social science that is simply not able to be considered under Heller's guidance. It's like that kid who fills a 20-page term paper with gibberish to avoid admitting he didn't read any books over the whole semester.

Judge Legg deserves credit, here. Smart man.

 

[CapoGreg]

I'm not going to register for their site, but here's what I would have posted...

"One star at best. Here's to an "activist" judge taking away your hard-fought 1st Amendment right to post this opinion piece full of the same old rhetoric and half truthes."

 

[JRoCc]

Has anyone looked up that Violence Policy Center listed in the first Baltimore Sun article?

Private citizens killed by concealed carry permit holders...380 country wide. I looked up their first case and the woman claimed self defense but was still found guilty..currently appealing.

380 country wide....how many murders in Baltimore City alone last year?? 223...and how many killed by citizens who possessed conceal carry permits....ZERO.

What a joke.

 

[Redneck]

Thanks MSI for everything you have done. I just sent in a donation, it's not a ton, but hopefully it helps.

 

[PJDiesel]

I don't see your comment on the page... ????

They are a pretty big paper, they probably proof them prior to posting. Here's my local rag, WELL written and to the point.
(see comments)

http://www.cecildaily.com/news/local_news/article_33f7e492-6722-11e1-bfe5-001871e3ce6c.html

 

[csanc123]

Wow!

"Delegate Michael Smigiel

In response to everyone asking whether to file for permits to carry. YES! Everyone who has applied and is waiting call or write and ask that the permit be expedited and granted per Judge Legg's decision. If you cc: me copies of your letters and requests I can track them and be able to put pressure on the State Police to ensure compliance with the court's decision. It is true the court could stay the order until the appeal is heard but until that happens, if it ever does, the order is in place. Let's show the State the extent of it's citizens' desire for the right to exercise their inalienable rights to self defense through an uninfringed right to carry."

 

[Patrick]

Has anyone looked up that Violence Policy Center?

Private citizens killed by concealed carry permit holders...380 country wide. I looked up their first case and the woman claimed self defense but was still found guilty..currently appealing.

380 country wide....how many murders in Baltimore City alone last year?? 223...and how many killed by citizens who possessed conceal carry permits....ZERO.

What a joke.

The numbers also include suicides and other any gun murder that occurs in constitutional-carry states, because "they didn't need a permit."

But do the math. Double their number to be generous. Divide into 6,800,000 people who were estimated to have permits last year. Then add in the populations of the 4 CC states.

Yeah. VPC fail.

 

[WeaponsCollector]

I don't see your comment on the page... ????

They're hiding the comments, you need to click on "comments" and they might pop up.
I posted as "2a4all".

 

[JRoCc]

The numbers also include suicides and other any gun murder that occurs in constitutional-carry states, because "they didn't need a permit."

But do the math. Double their number to be generous. Divide into 6,800,000 people who were estimated to have permits last year. Then add in the populations of the 4 CC states.

Yeah. VPC fail.

Exactly....epic fail.....

 

[swinokur]

That's why I call it the Baltimore Fish Wrap.

Sorry if the fish are insulted.

 

[jmcgonig]

Wow!

"Delegate Michael Smigiel

In response to everyone asking whether to file for permits to carry. YES! Everyone who has applied and is waiting call or write and ask that the permit be expedited and granted per Judge Legg's decision. If you cc: me copies of your letters and requests I can track them and be able to put pressure on the State Police to ensure compliance with the court's decision. It is true the court could stay the order until the appeal is heard but until that happens, if it ever does, the order is in place. Let's show the State the extent of it's citizens' desire for the right to exercise their inalienable rights to self defense through an uninfringed right to carry."

Wow... I was going to wait till the smoke cleared... maybe I should do the paperwork.

 

[Redneck]

Wow... I was going to wait till the smoke cleared... maybe I should do the paperwork.

Yea you an me both

 

[cantonglocker]

Yea you an me both

Wow... I was going to wait till the smoke cleared... maybe I should do the paperwork.

ditto

 

[teratos]

Wow!

"Delegate Michael Smigiel

In response to everyone asking whether to file for permits to carry. YES! Everyone who has applied and is waiting call or write and ask that the permit be expedited and granted per Judge Legg's decision. If you cc: me copies of your letters and requests I can track them and be able to put pressure on the State Police to ensure compliance with the court's decision. It is true the court could stay the order until the appeal is heard but until that happens, if it ever does, the order is in place. Let's show the State the extent of it's citizens' desire for the right to exercise their inalienable rights to self defense through an uninfringed right to carry."

Mine renewal is in process. Who would I write to?

 

[jerseytactical]

Wow... I was going to wait till the smoke cleared... maybe I should do the paperwork.

Do you think he'd be willing to go to bat for nonresidents? I'd love to apply, and cc him on this. Are there any other nonresidents on the forum that are applying or have applied?

 

[Plinkey]

FYI:

michael.smigiel@house.state.md.us

 

[Plinkey]

Quick question: I am currently out of the MD on business, but do live there.

Can I do the fingerprinting via a "Live Scan" location and have them forwarded to the MSP along with my photo's and notarized application?

How does the live scan finger printing work?

 

[Leroi]

Wow!

"Delegate Michael Smigiel

In response to everyone asking whether to file for permits to carry. YES! Everyone who has applied and is waiting call or write and ask that the permit be expedited and granted per Judge Legg's decision. If you cc: me copies of your letters and requests I can track them and be able to put pressure on the State Police to ensure compliance with the court's decision. It is true the court could stay the order until the appeal is heard but until that happens, if it ever does, the order is in place. Let's show the State the extent of it's citizens' desire for the right to exercise their inalienable rights to self defense through an uninfringed right to carry."

I love it! Was already planning on applying Friday, will indeed and CC Del Smigiel