Funding HQL Lawsuit

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  • Donating to Fund the HQL Lawsuit

    • Yes - I have/will donate as this is our best bet.

      Votes: 98 59.4%
    • Yes - Win or lose, I won't stop fighting.

      Votes: 31 18.8%
    • No - I don't think it stands snowballs chance.

      Votes: 29 17.6%
    • No - I think the HQL is a good common sense measure.

      Votes: 1 0.6%
    • Undecided - I'm going around in circles.

      Votes: 6 3.6%

    • Total voters
      165

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    This is what amuses me. You already know legal battles have nothing to do with cloak and dagger. I'm just trying to ascertain what is the major difference in the HQL from what other states impose and were held up by the court. Doesn't IL, NJ , MA have some regulations ? You think tipping your hand now makes any difference? If people have something tangible to back (complaint on paper) you don't think that will get more support? We have this to go on;



    That reads nice coming from an attorney, why not a bit of breaking it down to laymen? It's always "this is a slam dunk" but the meat is always a mystery. Is this something where if the training can be challenged, the entire thing goes away? Looks like NJ does not require training, but #29 :sad20: Looks there you better have friends to affirm your rights. http://www.njsp.org/info/pdf/firearms/sts-033.pdf

    One shot can be challenged, training can be challenged, other things can be challenged with the HQL as well, we are trying to get a meeting together of the legal team and all involved to see what action and how much to take.

    Stay tuned....Once we have a more definitive answer we will provide it.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,838
    Bel Air
    I don't think anything like this has ever been challenged, at least not since Heller/McDonald. Once having a handgun in the home has been deemed a core Right the game changed. You can't put any fee or hurdle like training in the way of the exercise of that Right. Can you imagine if a grammar class/test with a 1 speech requirement was instituted prior to people being able to exercise their 1A Rights? Exact same thing here. See Minnesota Star Tribune vs. Minnesota to see how it went when the State government tried to place a fee on the exercise of a free press.


    This case is very strong. It has never been challenged. It could have wide reaching implications for all states requiring any kind of license prior to purchasing a firearm. Quit the BS. Either help fund it or don't.
     

    Jim12

    Let Freedom Ring
    MDS Supporter
    Jan 30, 2013
    34,099
    I don't think anything like this has ever been challenged, at least not since Heller/McDonald. Once having a handgun in the home has been deemed a core Right the game changed. You can't put any fee or hurdle like training in the way of the exercise of that Right. Can you imagine if a grammar class/test with a 1 speech requirement was instituted prior to people being able to exercise their 1A Rights? Exact same thing here. See Minnesota Star Tribune vs. Minnesota to see how it went when the State government tried to place a fee on the exercise of a free press.


    This case is very strong. It has never been challenged. It could have wide reaching implications for all states requiring any kind of license prior to purchasing a firearm. Quit the BS. Either help fund it or don't.

    Or if people were allowed to vote they needed a VQL; were required to take and pass history, political science, and economics courses, then pay a fee and be fingerprinted, on the oft chance that sometime down the road a voter fraud might occur and fingerprints might be left behind on a compromised voting machine. And, all the above at their own expense to boot?

    The government deems sex change operations for incarcerated criminals a right and pays for them, but not for administration of its own mandated heavy burdens on exercise of a fundamental right?
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,763
    I don't disagree at all with previous reasoning. However, just don't be surprised if it does not hunt. Supreme Court regulates "rights" as normal procedure. May already be some more of that settled law Hogan likes to wave around. So many on the right have been blindly lead to believe that Constitutional rights are not under ANY scrutiny of regulation, when they absolutely are and upheld by the court. The strict interpretation of 2A as unlimited, is just not so.

    “Like most rights, the right secured by the Second Amendment is not unlimited” [Justice Antonin Scalia]. Scalia also wrote that The Second Amendment is “not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

    Scalia’s opinion in Heller, “Nothing in our opinion should be taken to cast doubt on a wide range of gun laws, including bars on felons and the mentally ill from possessing guns, restrictions on guns in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. "

    It is fairly agreed that Scalia is a Right leaning justice. Read what he wrote again :innocent0 When I read people hearing Hogan et al proclaiming they are 2A supporters, then somehow that automatically means shall issue, sorry that may be their definition, but clearly not Scalia's. I think Hogan would hang his hat with Scalia's definition over people on this board for his own expediency. Hogan to profess he is a 2A supporter has nothing to do with shall issue, and believes he is a true supporter. I'm sure the MSI legal council knows all the history above. Best of luck unwinding it.
     

    dist1646

    Ultimate Member
    May 1, 2012
    8,804
    Eldersburg
    I think this is the best way to fight it. The Supreme Court has already held that fees can not be charged in order to exercise a Constitutional right.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,109
    I don't disagree at all with previous reasoning. However, just don't be surprised if it does not hunt. Supreme Court regulates "rights" as normal procedure. May already be some more of that settled law Hogan likes to wave around. So many on the right have been blindly lead to believe that Constitutional rights are not under ANY scrutiny of regulation, when they absolutely are and upheld by the court. The strict interpretation of 2A as unlimited, is just not so.

    “Like most rights, the right secured by the Second Amendment is not unlimited” [Justice Antonin Scalia]. Scalia also wrote that The Second Amendment is “not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

    Scalia’s opinion in Heller, “Nothing in our opinion should be taken to cast doubt on a wide range of gun laws, including bars on felons and the mentally ill from possessing guns, restrictions on guns in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. "

    It is fairly agreed that Scalia is a Right leaning justice. Read what he wrote again :innocent0 When I read people hearing Hogan et al proclaiming they are 2A supporters, then somehow that automatically means shall issue, sorry that may be their definition, but clearly not Scalia's. I think Hogan would hang his hat with Scalia's definition over people on this board for his own expediency. Hogan to profess he is a 2A supporter has nothing to do with shall issue, and believes he is a true supporter. I'm sure the MSI legal council knows all the history above. Best of luck unwinding it.

    Yep, while it would be nice to overturn the whole ball of wax, we may have to settle for smaller parts. Once we have the meeting with council, we will know just how far we intend to push it.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,763
    Well, MSI can try greasing Pallozzi with the $100K for quasi shall issue. I think many would take that and a lot simpler than a HQL fight.
     

    44man

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    10,147
    southern md
    Next gov will reverse that in a heartbeat.


    just so I understand were people stand, is it msi and others belief that Hogan is a 1 tem governor? and if so why not try and help us? and if he is hoping for a second term why not help us and show that after 1 or 2 terms, whichever it may be, that allowing we peons to protect ourselves and our families doesn't cause blood in the streets or md to become the wild wild west with shootouts everyday at noon? I am just a simple man, help me understand.
     

    Mr H

    Banana'd
    just so I understand were people stand, is it msi and others belief that Hogan is a 1 tem governor? and if so why not try and help us? and if he is hoping for a second term why not help us and show that after 1 or 2 terms, whichever it may be, that allowing we peons to protect ourselves and our families doesn't cause blood in the streets or md to become the wild wild west with shootouts everyday at noon? I am just a simple man, help me understand.

    Speaking for myself...

    Hogan knows he has to be successful in the first term before he can even consider a second.

    I also know he understands the desire for us to be able to protect ourselves.

    The reality is, though (and this has been expounded on in several other threads, so I'll leave this in broad terms), that the state's issues are broad and many, and "getting to us" is on the list, but hard to say where.
     
    There are other states that require similar permits, they have been challenged and lost. What is so different about Maryland's system? I despise it to the point that I will probably never purchase another hand gun in this state....but the precedent has been set, the courts agree and I don't believe it will go anywhere
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,763
    Speaking for myself...

    Hogan knows he has to be successful in the first term before he can even consider a second.

    I also know he understands the desire for us to be able to protect ourselves.

    The reality is, though (and this has been expounded on in several other threads, so I'll leave this in broad terms), that the state's issues are broad and many, and "getting to us" is on the list, but hard to say where.

    About a dozen or so slots under the "Maryland Buggy Whip Stimulus Act" sponsored out of Allegany County.
     
    Speaking for myself...

    Hogan knows he has to be successful in the first term before he can even consider a second.

    I also know he understands the desire for us to be able to protect ourselves.

    The reality is, though (and this has been expounded on in several other threads, so I'll leave this in broad terms), that the state's issues are broad and many, and "getting to us" is on the list, but hard to say where.

    So picking up the phone, calling his MSP head and asking him to included self defense as G&S would be too time consuming? Hogan is not a micro manager, he could make one 2 minute phone call to get the ball rolling. Being worried about his political career is an immoral excuse not to allow people to defend themselves. All we are hearing are excuses why it can't be done right now from the very people who are suppose to be trying to make it happen? Why aren't you in Annapolis every day? Why aren't you asking all Md gun owners to flood his in box and his office with demands that he do this? We see you taking very little action...Talk is cheap..
     

    44man

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    10,147
    southern md
    Speaking for myself...

    Hogan knows he has to be successful in the first term before he can even consider a second.

    I also know he understands the desire for us to be able to protect ourselves.

    The reality is, though (and this has been expounded on in several other threads, so I'll leave this in broad terms), that the state's issues are broad and many, and "getting to us" is on the list, but hard to say where.


    I know this has been talked about a lot. I understand that, but what does waiting get us? a shorter time frame until another governor get in there? a shorter time frame for people and the legislature to see that it doesn't cause blood in the streets? allowing the dems a longer period of time to hide behind desk drawer veto's and not forcing them to say out loud and on the floor of the GA that they DONT want Marylanders to be able to protect themselves? at least if he pushed their hands they would either have to say they don't want us to be able to protect ourselves or they would have to at the very least sit down and shut up until they have the governors mansion back. I just don't see the down side for the governor, and that's my problem with him waiting.
     

    Schipperke

    Ultimate Member
    MDS Supporter
    Feb 19, 2013
    18,763
    So picking up the phone, calling his MSP head and asking him to included self defense as G&S would be too time consuming? Hogan is not a micro manager, he could make one 2 minute phone call to get the ball rolling. Being worried about his political career is an immoral excuse not to allow people to defend themselves. All we are hearing are excuses why it can't be done right now from the very people who are suppose to be trying to make it happen? Why aren't you in Annapolis every day? Why aren't you asking all Md gun owners to flood his in box and his office with demands that he do this? We see you taking very little action...Talk is cheap..

    It is amusing all the excuses why Hogan says nothing and does nothing concerning shall issue. How about this excuse, he doesn't give a sh1t. Is that too hard to comprehend? If he gave a sh1t, and all the magic of he and Pallozzi argued doable for months (just rubber stamping permits) would be happening day one. The excuses it would hurt him politically, bodes that some worry allowing carry will be dangerous for Maryland? How can "quasi shall issue" be used against Hogan if there is no negative effects. That is just an illogical argument.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    There are other states that require similar permits, they have been challenged and lost. What is so different about Maryland's system? I despise it to the point that I will probably never purchase another hand gun in this state....but the precedent has been set, the courts agree and I don't believe it will go anywhere

    Actually, that is incorrect. No other state, for example, requires "one shot" of "live" ammunition. That means you have to have access to an established range, virtually impossible in some parts of MD if you don't drive or have a car. Public ranges are few and far between and the private ranges are generally restricted to members only. DC used to require 4 hours of instructor training but no live fire, until that was challenged in Heller II and they wisely amended it to require only on-line training for 30 minutes. You take all these requirements together, MD's HQL is by far the most restrictive and imposes the most obstacles of any state in the union. By the way, the FOID requirements of other states are 1. few in number and 2. none were challenged after Heller.
     

    JasonB

    Ultimate Member
    Sep 4, 2012
    2,580
    Belcamp
    Actually, that is incorrect. No other state, for example, requires "one shot" of "live" ammunition. That means you have to have access to an established range, virtually impossible in some parts of MD if you don't drive or have a car. Public ranges are few and far between and the private ranges are generally restricted to members only. DC used to require 4 hours of instructor training but no live fire, until that was challenged in Heller II and they wisely amended it to require only on-line training for 30 minutes. You take all these requirements together, MD's HQL is by far the most restrictive and imposes the most obstacles of any state in the union. By the way, the FOID requirements of other states are 1. few in number and 2. none were challenged after Heller.

    Wasn't the live fire removed from the bill but then added back in by the MSP? Now that we have a new head of the MSP couldn't they remove it?
     

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