Whalen v Handgun Permit Review Board Appeal Brief Filed

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  • Bigfoot21075

    Ultimate Member
    Nov 3, 2008
    1,404
    Elkridge, MD
    I search but did not see a thread on this. I am SURE it must be out there....

    Whalen v Handgun Permit Review Board Appeal Brief Filed

    In the continued fight to promote and defend the right of armed defense that belongs to every responsible, law-abiding Marylander, Maryland Shall Issue is representing MSI member, Holmes Whalen, in an appellate brief filed on July 22, 2019, with the Maryland Court of Special Appeals (Maryland's intermediate level appellate court). Mr. Whalen was arbitrarily denied a permit by the State Police and that denial was sustained by the Handgun Permit Review Board and by the Baltimore City Circuit Court. The appeal challenges the constitutionality of the "good and substantial reason" standard the state uses to deny Maryland citizens the ability to protect themselves in public. The appeal also asks the Court of Special Appeals to overrule its outdated precedent (Snowden and Scherr) on which the State Police and the Handgun Permit Review Board erroneously continue to rely. You can read our Brief HERE. This case may establish important new precedent in Maryland by making clear the right of self-defense applies to all "the people" protected by the Second Amendment, not merely the tiny select few favored by the State Police. The State has 30 days to file a brief after which we have 20 days to file a Reply. The case is tentatively set for oral argument before the Court of Special Appeals in Annapolis in November.

    https://www.marylandshallissue.org/...c-documents/170-whalen-opening-brief-redacted
     

    trickg

    Guns 'n Drums
    MDS Supporter
    Jul 22, 2008
    14,598
    Glen Burnie
    I wish you luck with this. I'm still probably going to flee this state when I'm getting set to retire, but it would help me to reconsider if we could roll back some of these useless and arbitrary firearms laws this state maintains, as well as to maybe turn Maryland into a Shall Issue state.
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,318
    I'm a little surprised that the 14th Amendment due process argument wasn't raised. "Good and sufficient" is so vague that it can be easily used to justify almost anything.

    Anyone applying for a W&C permit is investing a significant amount of time and money in training, fingerprinting, acquiring a firearm, acquiring a suitable holster (or three), etc. The willingness to make that investment is itself proof that the applicant considers his reason "good and sufficient".
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,239
    Montgomery County
    Yeah, got this in my regular MSI update email, and was pretty sure this was totally new news to me. I think I need to start a new product line: "2A Popcorn" (which would be fully automatic, in a microwave) for when we start tracking this sort of thing. Looking forward to it running into the usual brick walls and then going up the food chain if it can be managed, financially. Time to throw another I-didn't-need-that-pizza-anyway few bucks to MSI.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,881
    The MSI Legal Fund Tip jar will be available at Chantilly this weekend , for those who prefer to donate the old school way .
     

    onedash

    Ultimate Member
    Feb 24, 2016
    1,026
    Calvert County
    So what does something like this cost in legal fees (other costs?). Do MSI lawyers work pro bono, reduced rates, Full fee? How many people are on the "legal team". If every MSI Member donated $XXX we could fight this all the way to the supreme court. I'm not trying to audit anyone I'm just curious. Even with unlimited funds I suspect it wouldn't move through the legal system much faster right?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    So what does something like this cost in legal fees (other costs?). Do MSI lawyers work pro bono, reduced rates, Full fee? How many people are on the "legal team". If every MSI Member donated $XXX we could fight this all the way to the supreme court. I'm not trying to audit anyone I'm just curious. Even with unlimited funds I suspect it wouldn't move through the legal system much faster right?

    Just a note on the costs. I am counsel on the case (I'm on the cover) and I can tell you that that printing costs and shipping costs (to serve) were over $800.00. That is just the cost to have someone print the brief and the Record Extracts in sufficient number of copies and to serve them on opposing counsel. And as we take it up the food chain, those kinds of basic costs get even higher. Don't sit on the sidelines.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    I'm a little surprised that the 14th Amendment due process argument wasn't raised. "Good and sufficient" is so vague that it can be easily used to justify almost anything.

    Anyone applying for a W&C permit is investing a significant amount of time and money in training, fingerprinting, acquiring a firearm, acquiring a suitable holster (or three), etc. The willingness to make that investment is itself proof that the applicant considers his reason "good and sufficient".

    That argument comes at the federal level, this is still at the state level.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,307
    Underground Bunker
    Is the person mentioned a member of any social media site that is geared in the gun & ammo arena ?


    And if we give money can we dictate it goes toward this suit ?
     

    onedash

    Ultimate Member
    Feb 24, 2016
    1,026
    Calvert County
    Just a note on the costs. I am counsel on the case (I'm on the cover) and I can tell you that that printing costs and shipping costs (to serve) were over $800.00. That is just the cost to have someone print the brief and the Record Extracts in sufficient number of copies and to serve them on opposing counsel. And as we take it up the food chain, those kinds of basic costs get even higher. Don't sit on the sidelines.
    Thanks! Just made a small donation.
     

    pcfixer

    Ultimate Member
    May 24, 2009
    5,948
    Marylandstan
    Just a note on the costs. I am counsel on the case (I'm on the cover) and I can tell you that that printing costs and shipping costs (to serve) were over $800.00. That is just the cost to have someone print the brief and the Record Extracts in sufficient number of copies and to serve them on opposing counsel. And as we take it up the food chain, those kinds of basic costs get even higher. Don't sit on the sidelines.

    Thank you Mark. You and BOD do awesome jobs pro bono.

    I've met Mike Burke--top notch man. JMHO.

    another donation on the way.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    A little curious why this case now when 3 others (One of them from MD) are at or will be petitioning Scotus within days?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    A little curious why this case now when 3 others (One of them from MD) are at or will be petitioning Scotus within days?

    Because it has been pending a long time and this is when the briefing time came up. C'est la vive. And we have a slightly different take on alternative relief that is unique to Maryland and that is not dependent on what happens in Roger, Gould and Malpasso. Malpasso petition won't be filed until Sept. 26, as extended. In the brief one way they could go is hold this case pending a decision in NYSRPA. We risk little by pushing in the Maryland Courts now.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,063
    南馬里蘭州鮑伊
    That argument comes at the federal level, this is still at the state level.

    If you think about it, the 14th Amendment "reaches down" into the state and local levels. The HPRB is supposedly an example of that, even though the proceedings are now a true farce.


    Note to self ==> Throw some more retirement $$ to MSI.
     

    Bigfoot21075

    Ultimate Member
    Nov 3, 2008
    1,404
    Elkridge, MD
    On a side note, I found the MSI email particularly motivating. By highlighting what this is really about got me to immediately renew my membership and post this. THIS is one I have been hoping for! I know I will give more as I can..... THANK YOU for taking this up!
     

    onedash

    Ultimate Member
    Feb 24, 2016
    1,026
    Calvert County
    I did put a note in the donation requesting it go towards this as well. I'm sure Rush Limbaugh gets requests all the time but his stand for betsy ross tshirt has raised around 2 Million dollars. MSI needs a fund raiser like that!!!
     

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