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

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    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    I'm going to ask this for the legal heads here...why did the SAF sue the Superintendent of State Police, and members of the review board? Technically, they DID abridge the plaintiff from exercise of his rights, and I'm not sure if that bodes better for us, instead of direct suit of the state.

    My thinking is, the criteria for permit issuance is set by the MSP Superintendent, and obviously, the review boards denial of appeal are the direct result of the Superintendent's requirements. Does this mean, that the "political appointee's subjective criteria" is more easily scrutinized in the eyes of the court, thus the reasoning behind the direct suit of those individuals?
     

    BeltBuckle

    Ultimate Member
    Feb 14, 2008
    2,587
    MoCo, MD
    You forgot the operative clause here.

    Plaintiffs are seeking a permanent injunction against enforcement of the Maryland provision that requires permit applicants to “demonstrate cause” for the issuance of a carry permit.

    yeah, probably shouldda left that in, but I figured it was redundant. probably not, though, since that's where the teeth bite. thanks!
     

    Gray Peterson

    Active Member
    Aug 18, 2009
    422
    Lynnwood, WA
    Folks,

    Remember that these folks were the ones that actually got the 2nd amendment applied to the states in the first place.

    All of you would do well to remember that Freedom isn't Free. If you want it specifically directed to the Maryland case, note it "Woollard v. Sheridan" or "Maryland carry case".
     

    alucard0822

    For great Justice
    Oct 29, 2007
    17,643
    PA
    WOOT!!!! This is by far the best bet for shall issue in MD, and ALL OF US need to get behind this in a big way. We kinda hit the lottery by MD being targeted, as the decision will apply directly to everyone here(and hopefully for MD non-res permits too:innocent0)
    sent some loot to SAF, hopefully I can afford to become a lifer in a paycheck or two, and send them some more, and it's been too long since I have sent loot to MSI. If MD wins this, and we lose, then there is almost nothing that will overturn the precedent, so it kinda cuts both ways, so WE MUST WIN, I am sure Gura picked a good case, but the chance for us to be part of turning MD shall issue is golden, and we need to be on board.
     

    Gray Peterson

    Active Member
    Aug 18, 2009
    422
    Lynnwood, WA
    I'm going to ask this for the legal heads here...why did the SAF sue the Superintendent of State Police, and members of the review board? Technically, they DID abridge the plaintiff from exercise of his rights, and I'm not sure if that bodes better for us, instead of direct suit of the state.

    My thinking is, the criteria for permit issuance is set by the MSP Superintendent, and obviously, the review boards denial of appeal are the direct result of the Superintendent's requirements. Does this mean, that the "political appointee's subjective criteria" is more easily scrutinized in the eyes of the court, thus the reasoning behind the direct suit of those individuals?

    42USC1983 requires at minimum a suit against persons. That's why you have a lot of federal lawsuits name the executive enforcing the statute. For example: Person v. O'Malley or Person v. Gansler.

    I know this because I'm currently suing Manager of Safety for Denver Colorado for a carry license myself.
     

    Hyper-W

    Ultimate Member
    Apr 24, 2010
    1,189
    Cooksville
    I'm going to ask this for the legal heads here...why did the SAF sue the Superintendent of State Police, and members of the review board? Technically, they DID abridge the plaintiff from exercise of his rights, and I'm not sure if that bodes better for us, instead of direct suit of the state.

    My thinking is, the criteria for permit issuance is set by the MSP Superintendent, and obviously, the review boards denial of appeal are the direct result of the Superintendent's requirements. Does this mean, that the "political appointee's subjective criteria" is more easily scrutinized in the eyes of the court, thus the reasoning behind the direct suit of those individuals?

    Not sure exactly. SAF is doing the same thing in New York. They are going after the individuals as opposed to the state government.

    My question is related to the "permanent injunction". If SAF wins, does MD still have to change its law? Or does the injunction force the state to become 'Shall Issue' regardless?
     

    Bikebreath

    R.I.P.
    MDS Supporter
    Jun 30, 2009
    14,836
    in the bowels of Baltimore
    WOOT!!!! This is by far the best bet for shall issue in MD, and ALL OF US need to get behind this in a big way. We kinda hit the lottery by MD being targeted, as the decision will apply directly to everyone here(and hopefully for MD non-res permits too:innocent0)
    sent some loot to SAF, hopefully I can afford to become a lifer in a paycheck or two, and send them some more, and it's been too long since I have sent loot to MSI. If MD wins this, and we lose, then there is almost nothing that will overturn the precedent, so it kinda cuts both ways, so WE MUST WIN, I am sure Gura picked a good case, but the chance for us to be part of turning MD shall issue is golden, and we need to be on board.

    OMG, I can't think of anything but WINING!

    As soon as that 150 bucks gets outta my savings account and into PayPal I'm a life member!!!
     

    zombiehunter

    Ultimate Member
    Jul 8, 2008
    6,505
    How does MSI figure in this? Did SAF consult them? Is MSI helping foot the bill? Aside from supporting the little guy, why is it better to send $150 to each instead of $300 to SAF? Just trying to figure it out.
     

    rambling_one

    Ultimate Member
    MDS Supporter
    Oct 19, 2007
    6,725
    Bowie, MD
    Hot Dog - MD's In The Fight

    By the way, folks, if the other attorney listed in that article sounds familiar, it should:

    http://www.mdshooters.com/showthread.php?t=39273

    Mr. Hansel's card sits on my desk as a reminder that he's fighting for each and every one of us. I liked him when we first met and I really, really like him now!

    As for MSI, the organization has always stepped up to the plate. Double or triple our membership and grass-roots Maryland becomes that more influential in Annapolis.
     

    aray

    Ultimate Member
    Jun 6, 2010
    5,294
    MD -> KY
    Mr. Hansel's card sits on my desk as a reminder that he's fighting for each and every one of us. I liked him when we first met and I really, really like him now!

    As for MSI, the organization has always stepped up to the plate. Double or triple our membership and grass-roots Maryland becomes that more influential in Annapolis.

    I don't have his card yet, but I know who I'm going to call if I ever need a lawyer.

    As for MSI, I agree there too. Indeed I plan to attend and join at your next annual meeting which is coming up soon ... when? Just checked out your web site (http://www.marylandshallissue.org/) and it is badly out of date. Under "Upcoming Events" you haven't updated it since before the Open Holster rally. Need to get your annual meeting (August sometime, right?) on your home page ASAP.
     
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