Montoya Permit Journey Part Deux, Trois or Quatre...who the hell knows

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  • Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    I’m sure the good people at MSI have long discussed the prospects of finding and backing some ideal case like this into a court that would set actual precedent. Big gamble!

    It's not really a gamble considering the current state of affairs. Bad cases create bad case law. It's fairly simple.

    I'm sure MSI has thought about it. I haven't followed any of the CCW topics just a spur thought I had in reading this thread.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,304
    Underground Bunker
    Many of the arguments may already have been briefed in other, more mature cases. The attached brief is one example. It's a devastating argument:

    View attachment 261395

    In legal talk if i understand , the case you offered was a new permit ( G&S ) the OAH have to do with persons (not all cases) that want restrictions removed and have already met the G & S claim .
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,234
    Montgomery County
    Many of the arguments may already have been briefed in other, more mature cases. The attached brief is one example. It's a devastating argument:

    View attachment 261395

    Maybe I need to re-read ... but I'm confused. The bulk of that reading is the state's argument that G&S improves public safety, that there's no grounds to challenge the court's upholding of it, etc. Devastating to which side, in which way?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    I’m sure the good people at MSI have long discussed the prospects of finding and backing some ideal case like this into a court that would set actual precedent. Big gamble!

    We have indeed. A typical business restriction is a tough test case within the existing framework. Hopefully, a favorable decision a year from now from the SCT in NYSRPA v. NYC will moot all this nonsense.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Well I guess the good news is in some of the more conservative places in the State a Circuit Court Judge is probably more likely to have a Pro-2A stance. I can not see the State appealing any of these cases to an appeals court for they certainly don't want to risk a case with standing.

    It will take years but this might actually work against the Dems long term. It only takes one reported decision from an appeals court to turn their system sideways.

    The only court in Maryland that would upset the apple cart, would be the court of Special Appeals (Maryland's State Supreme Court). Circuit court rulings do not set precident.
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    I don’t understand how they don’t understand that a man willing to endure what you have isn’t going on a crime spree with a legally carried pistol.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,304
    Underground Bunker
    I don’t understand how they don’t understand that a man willing to endure what you have isn’t going on a crime spree with a legally carried pistol.

    This is not about one man , this is about any crack or opening in their Ponzi scheme .
    They will lose eventually (MSP-LD & State) but not without kicking and fighting .
     

    Vetted84

    Active Member
    Nov 8, 2016
    646
    This is not about one man , this is about any crack or opening in their Ponzi scheme .
    They will lose eventually (MSP-LD & State) but not without kicking and fighting .

    This fight has been going on for a very long time. Most here will be dead before they ever lose.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,304
    Underground Bunker
    This fight has been going on for a very long time. Most here will be dead before they ever lose.

    Dead , relocated ...Is all fine with me , the fight needs to start with a few men & women .
    If I die before that so be it , but I will be happy to hand the MSP and this ******** state a loss .
     

    F5guy

    Active Member
    Mar 27, 2013
    440
    Annapolis
    May I ask if you were appealing restrictions or denial ? My number at HPRB is under 75 and wondering if I’ll even get a hearing.


    Sent from my iPhone using Tapatalk
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,880
    I was specific to Maryland W&C issues .

    Maryland goes to 1966 for the 7 Day Cooling Off Period, and the forerunner of the 77R .

    If you're going to the GCA68, you need to go back to the NFA34 .

    Going back further , there was a serious push to Ban Handguns both nationally, and in the various states , around the turn of the 20th Century . NY's Sullivan Act was most notorious , but many States adopted a variation of the Uniform Pistol & Revolver Act proposed and advocated by the USRA ( United States Revolver Assn).

    And before that the early Jim Crow era anti- gun laws in Md, and many other states .
     

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