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Old October 7th, 2010, 11:28 AM #1011
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Originally Posted by Trapper View Post
The actual words are "Endowed by his creator", you call your creator "God", I called mine "Dad", until he passed. RIP Pop.
Realizing that your Father, who I am sure was a great guy, wasn't alive when the document was written, I do not think the Founding Fathers had him in mind. The point is that the right is given to us via a higher power, and not by ANY man. It cannot (or should not have been), therefore, be taken away.

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I imagine Smiegel will file on his own in state court. The federal angle is already covered. Not sure how I feel about this, other than "it's his right". It depends on how serious of a case he puts up - he is a politician which makes him prone (in my mind) to grandiose gestures that may lack in true substance. I admit this is not a fair analysis of a man I have never met - but I am painting him with a broad brush based on his chosen occupation. He's a politician and therefore stuck with the stereotypes that come with the job.
Delegate Smigiel is an elected official. He is also a: practicing attorney, veteran, Marine, and gun rights advocate. He primarily is focused on the "good and substantial reason" clause of the current state CCW laws, and was so duly engaged in this issue, before Woollard.

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He went at it as one of the ruled class not one of the ruling class. That makes him a class act in my book and further demonstrates how the current system needs to be ruled UNCONSTITUTIONAL.
Yes, Delegate Smigiel is a class act, and true 2A advocate.
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Old October 7th, 2010, 12:04 PM #1012
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"Mr. Wint, I have a CCW but it has limitations placed on it. I believe our Second Amendment Right is a light switch it is either on or off. If you have no convictions and no history of mental illness then you have the right to carry. The State of Maryland sees this as a dimmer switch we can adjust the amount of rights you have. Would anyone stand for this if we were talking about free speech or religion?"

This just posted by Delegate Mike on FaceBook. According to Delegate Smigiel, he already has a CCW. What he is fighting is the limitation or restriction placed on it. Like most CCW's that are issued, they are restricted as to how and when a person can carry. Delegate Smigiel is challenging that the right should be 24/7, hence his "light switch" comment.
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Old October 7th, 2010, 12:37 PM #1013
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Previous denials were always predicated on the lack of 2A in Maryland. Curious what the state courts do now and how they interpret "fundamental". His analogy to 1A is apropos, as this is a right that the USSC has used in it's comparisons and one that scholars hold analogous - the idea that some rights are deserving of protection even if theexercise of that right offends some.

I mean no disrespect to the delegate. Admittedly I do not know him. Just hope that any challenge be a serious one and I suspect that will require more than one man. Even Gura has a large team working with him.
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Old October 7th, 2010, 03:35 PM #1014
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I was going to say - I'd be SHOCKED if the MSP did not issue the Delegate a permit. He fits all of the qualifications insofar as the MSP check list goes. The restriction lifting argument makes all of the subsequent actions logical.
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Old October 7th, 2010, 04:28 PM #1015
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I read the first couple posts, but there is just too much for me to read in this thread. Can anyone tell me a brief time line of this case? Basically, what is going to happen next?
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Old October 7th, 2010, 04:38 PM #1016
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Originally Posted by EVOIXGSR View Post
I read the first couple posts, but there is just too much for me to read in this thread. Can anyone tell me a brief time line of this case? Basically, what is going to happen next?
The Woollard Docket is here: http://ia700101.us.archive.org/1/ite...72.docket.html

The state predicatably put in a Motion to Dismiss on 9/20 (roughly pg 40 in this thread). The plaintiffs response is supposedly due today, but nothing on Pacer as of 20 minutes ago...
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Old October 7th, 2010, 06:24 PM #1017
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Old October 7th, 2010, 06:35 PM #1018
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I hear you....

Still nada. It kills me to say it, but I'm wondering if I misread and/or misinterpretted something. Damn supper gets in the way of this important stuff...

What was said in the Doc 8 Summary:
Quote:
MOTION to Dismiss by Denis Gallagher, Seymour Goldstein, Terrence Sheridan, Charles M. Thomas, Jr. Responses due by 10/7/2010 (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit A (November 12, 2009 Handgun Permit Review Board Decision), # 3 Text of Proposed Order)(Fader, Matthew) (Entered: 09/20/2010)
I or someone else may want to re-read it and/or the 3 attachments...I'll be back...
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Old October 7th, 2010, 07:34 PM #1019
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Damn supper gets in the way of this important stuff...

No one here gave either you or Patrick permission to eat. You can use the bathroom however. now get back to work

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Old October 7th, 2010, 07:41 PM #1020
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Quote:
Originally Posted by krucam View Post
I hear you....

Still nada. It kills me to say it, but I'm wondering if I misread and/or misinterpretted something. Damn supper gets in the way of this important stuff...

What was said in the Doc 8 Summary:


I or someone else may want to re-read it and/or the 3 attachments...I'll be back...
I've seen it where it gets filed late in the day and it doesn't get posted to PACER until next business day. Relax....
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