MSI v. Hogan - The Challenge Against the Handgun Qualification License Proceeds

[pcfixer]

I read this in the brief:

"When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. Only then may a court conclude that the individual’s conduct falls outside the Second Amendment’s unqualified command."

Can someone explain what an unqualified command is? It seems to me, from what I am gathering is, that the command is unassailable or incontestable, but I am trying to understand how the word unqualified conveys that meaning in this context.

I have to say that, in my view, Lawyers are true wordsmiths.

The Unqualified Command of the Second Amendment " shall not be infringed" means without exception.

Meaning "End of conversation"!

 

[trickg]

I really appreciate everything MSI does for gun owners in Maryland. I just renewed my Membership 5 minutes ago - it's not one I'm going to let lapse, although I'm considering letting my NRA membership lapse.

 

[rob b]

so does this mean the hql is on the way out ?

 

[DC-W]

I really appreciate everything MSI does for gun owners in Maryland. I just renewed my Membership 5 minutes ago - it's not one I'm going to let lapse, although I'm considering letting my NRA membership lapse.

 

[DC-W]

so does this mean the hql is on the way out ?

That’s the intent. The state has the burden of proving that their requirements meet constitutional muster.

 

[pcfixer]

That’s the intent. The state has the burden of proving that their requirements meet constitutional muster.

Yep, and the state will fail to meet the burder of proof....

The Unqualified Command of the Second Amendment " shall not be infringed" means without exception.

 

[pcfixer]

I just renewed membership in MSI for 1 year sustaining member.

 

[jrumann59]

That’s the intent. The state has the burden of proving that their requirements meet constitutional muster.

I could see them changing it, like removing the background check or 7 day wait if you have an HQL. In its current form it is just a money grab and permission slip.

 

[DC-W]

I could see them changing it, like removing the background check or 7 day wait if you have an HQL. In its current form it is just a money grab and permission slip.

It was designed to intimidate the public from buying handguns.

 

[rbird7282]

I really appreciate everything MSI does for gun owners in Maryland. I just renewed my Membership 5 minutes ago - it's not one I'm going to let lapse, although I'm considering letting my NRA membership lapse.

THIS. Everyone on this forum should be a member of MSI IMHO


Sent from my iPhone using Tapatalk

 

[DC-W]

 

[DC-W]

In the Maryland Shall Issue amicus brief, we describe in chronological order all pre-1900 licensing laws for gun possession. Such laws did exist, but only for people who were considered not to have civil rights: slaves (who were either blacks or Indians) or free people of color (again, blacks or Indians). Antebellum courts that upheld these laws expressly stated that they would be unconstitutional if applied to the white population. Aldridge v. Commonwealth, 4 Va. 447, 449 (1824); State v. Newsom, 27 N.C. 250, 252 (1844).

The Fourteenth Amendment and the Civil Rights Act got rid of all the gun possession licensing laws. No such law was enacted thereafter in the United States in the nineteenth century, except for an 1893 Florida statute. That statute made it unlawful to "own a Winchester or other repeating rifle" without a license from the County Commissioners; the license required an exorbitant bond.

Fourth Circuit amicus brief on Maryland handgun licensing law

Maryland's handgun license statute fails the Supreme Court's history test.

reason.com

 

[chilipeppermaniac]

It was designed to intimidate the public from buying handguns.

And as I saw it, the stepping stone to printing as many citizens as possible before they label us criminals on their way to their ultimate prize. Gun registry and Gun Grabbing and a populace forced to obey the KING.

 

[Allen65]

And as I saw it, the stepping stone to printing as many citizens as possible before they label us criminals on their way to their ultimate prize. Gun registry and Gun Grabbing and a populace forced to obey the KING Party.

FTFY

 

[Allen65]

Fourth Circuit amicus brief on Maryland handgun licensing law

Maryland's handgun license statute fails the Supreme Court's history test.

reason.com

Well, in MD, NJ, CA, and NY, aren't firearms owners considered a disfavored class of citizen by the state governments? So THT would seem to indicate it's okay to discriminate against us. Only those who don't want to own firearms should be allowed to purchase them.

 

[chilipeppermaniac]

FTFY

Oh it is no PARTY they have intended for us Subjects.

See IRS to get 87K new Agents/ Mar-A-Lago raid.

 

[chilipeppermaniac]

Fourth Circuit amicus brief on Maryland handgun licensing law

Maryland's handgun license statute fails the Supreme Court's history test.

reason.com

Thank you once again DC-W

 

[LeadSled1]

It was designed to intimidate the public from buying handguns.

Kept me from buying one. Because F that noise. Already have hand guns from before 2013. After, didn’t need any but would have purchased more except for the HQL BS.

 

[Bertfish]

If this is found to be unconstitutional and void is there recourse for those who wasted money getting one? Can the state be required to return the fee?

 

[lazarus]

"Shall not be infringed" is an unqualified command. There's no qualifiers.

"Shall not be infringed, unless the government has a reason to infringe" is a qualifier.

Yup. Qualified as in a caveat, or exception.

“Clean your bathroom” unqualified command.

“Clean your bathroom, unless you aren’t feeling like it”. Qualified command.

My kids still don’t understand what an unqualified command is. Apparently neither does Maryland.