Do we have a Due Process case on CCWs?

DavidMS · Dec 30, 2015

What about collecting some data ourselves?

I don't know if it would help but to get some of the raw data, would it make sense to either host a series of HQL clinics that would securely store and track the applications or a designated person that would be able to receive voluntarily submitted copies and correspondence related to applications and securely store and organize them for later use as part of a lawsuit?

It seems to me that the problem is a lack of data to base such a claim on. The goal is to find numerous examples where multiple sets of people with nearly identical case facts have desperate outcomes.

I don't see this happening until after the FSA2013 litigation finishes up.

DaemonAssassin · Dec 30, 2015

What you need is somebody that would never be able to show valid (in the eyes of MSP LD) G&S, apply for a CCW. When the person is denied, the whole process can get kicked into gear. By using the precedent set in Woolard, in addition to the 14th Amendment, this might be an easy win in the courts, because if you stress that the 2A right has been admitted to exist outside the home, then the 14th Amendment under strict scrutiny, would in fact overturn "may issue".

Think about the gay marriage case at SCOTUS. They argued using the 14th Amendment. If we use the 14th as our primary argument, it will appear that all we want is equal protection under the law. The 2A right has already been decided by SCOTUS, we are just going to the equal protection side. That would at least appear to be more palatable than a straight 2A case that would get smacked down in this state.

In actuality, it would be the perfect storm, if it could be pulled off properly. The Dems couldn't fight it, especially if it was a gay person that was denied a CCW permit, because their G&S isn't valid in the eyes of MSP LD. A minority that was denied would be a serious blow to them too, because the courts are always trying to keep the "protected classes" rights intact at the cost of other people rights.

ar154u · Dec 31, 2015

DaemonAssassin said:
What you need is somebody that would never be able to show valid (in the eyes of MSP LD) G&S, apply for a CCW. When the person is denied, the whole process can get kicked into gear. By using the precedent set in Woolard, in addition to the 14th Amendment, this might be an easy win in the courts, because if you stress that the 2A right has been admitted to exist outside the home, then the 14th Amendment under strict scrutiny, would in fact overturn "may issue".

Think about the gay marriage case at SCOTUS. They argued using the 14th Amendment. If we use the 14th as our primary argument, it will appear that all we want is equal protection under the law. The 2A right has already been decided by SCOTUS, we are just going to the equal protection side. That would at least appear to be more palatable than a straight 2A case that would get smacked down in this state.

In actuality, it would be the perfect storm, if it could be pulled off properly. The Dems couldn't fight it, especially if it was a gay person that was denied a CCW permit, because their G&S isn't valid in the eyes of MSP LD. A minority that was denied would be a serious blow to them too, because the courts are always trying to keep the "protected classes" rights intact at the cost of other people rights.

I have been saying this for years. Once Scotus ruled that the 2nd Amendment is an individual right it opened up the door for a 14th Amendment argument concerning CCW in this state. The 14th Amendment says I have the right to equal protection. The 2nd Amendment is the tool to provide that protection. Maryland denies me the right to equal protection by approving a bussiness owner to carry a firearm to protect himself from the same criminal I would face on the street unprotected. This isn't rocket science and if a case is argued it could win. Example: Mark is a business owner and Maryland issued Mark a CCW. Tyrone is a criminal who robs people at gunpoint. Tyrone attempts to rob Mark by sticking his gun in Mark's face, but Mark draws his firearm. Tyrone runs away before Mark is able to shoot. Tyrone hops on a bus and gets off three miles away. I'm walking down the street with $20.00 in my pocket and no firearm. I turn the corner and Tyrone sticks his gun in my face and demands all of my money. I don't have a firearm and have no way to protect myself. Now the questions are am I in greater danger than Mark? Is Tyrone a greater danger to me than he is to Mark? This is a great foundation for a 14th Amendment Case against Maryland.

Do we have a Due Process case on CCWs?

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