SAF SUES IN MARYLAND OVER HANDGUN PERMIT DENIAL UPDATED 3-5-12

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    BenL

    John Galt Speaking.
    That is the argument these guys should be making. NJ, NY,CA and MD are just going to say more guns = more crime, which is apparently false.

    It doesn't matter. Even if it DID lead to more crime, the second amendment doesn't say, "...shall not be infringed, unless it leads to more crime".

    2A is very clear. SHALL NOT BE INFRINGED.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    That is the argument these guys should be making. NJ, NY,CA and MD are just going to say more guns = more crime, which is apparently false.

    They sort of are. Here's the key thing.

    Crime is cyclical. The Brady campaign made their stand on the idea that more guns would equal more crime. They made their stand on CCW would equal blood baths in the street.

    When none of that happened; they lost credibility.

    We want to be careful; in case there is ever a spike in crime.

    The other issue is that we want the courts to consider the legal and constitutional aspect of it.

    We want the courts to consider the 2nd amendment under strict scrutiny; or at least intermediate scrutiny. Rights protected under these levels of judicial review are very hard to infringe upon. In order to infringe on a right protected by strict scrutiny; the government must show it has no other way to do it, and it is doing it via the narrowest means possible.

    The courts now mostly are using rational basis; and the anti's are using studies to show their misguided case. Combine that with anti-gun judges, and other judges who just don't want to do anything until the Supreme Court rules; it's causing problems. Rational basis is the lowest level of protection, and very easy to infringe upon.
     

    krucam

    Ultimate Member
    Where either going to get an awesome opinion or a shitty one.

    Way to handicap! Kidding aside, I agree. A lukewarm denial would be of the 2A 2 Step, the right doesn't exist outside the home opinion. Hell, he could have copy/pasted a half dozen opinions over the last year and come up with a response by now. "In the Home" will likely have to be settled at One First, bring it on.

    A crappy one would be well-written, "Public Safety" trumping a known Constitutional right. An awesome opinion will also have to be well-written, as no District Court has done it yet...he wants it to be able to withstand scrutiny in the likely appeal.

    Black or White, no Gray in this one....
     

    Glaug-Eldare

    Senior Member
    BANNED!!!
    Jan 17, 2011
    1,837
    This state will never become shall issue.
    It will not abide by any SCOTUS ruling.
    Not in my lifetime.

    &c., &c., &c.

    Whether you do or don't, I wouldn't recommend making a post about it here. Besides having confessed in advance to a criminal act on a public forum on a public site, that post could potentially get MDS admins involved in a criminal case. The way things are going, a post like that will be (if it isn't already) good enough reason to subpoena DD214 for your IP, blah blah blah.
     

    Al Norris

    Spud Head
    Dec 1, 2010
    746
    Rupert, Idaho
    There is a maxim in the legal world, as it involves criminal trials: The longer the wait for the decision, the better for the defense.

    It is also mostly true for civil suits.
     

    Mr H

    Banana'd
    Whether you do or don't, I wouldn't recommend making a post about it here. Besides having confessed in advance to a criminal act on a public forum on a public site, that post could potentially get MDS admins involved in a criminal case. The way things are going, a post like that will be (if it isn't already) good enough reason to subpoena DD214 for your IP, blah blah blah.

    MDResident said "it"... I can only assume he meant "Maryland"...

    But I'll leave it out there for clarification.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    Heller and McDonald were the normal waits for Supreme Court cases of that magnitude: The most important cases of the term are held until the last days of June, prior to the Court's summer recess. District and Circuit Courts do not have a term recess, judges take vacation when they like, so there's no pressure to get the cases done on a schedule.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    This state will never become shall issue.
    It will not abide by any SCOTUS ruling.
    Not in my lifetime.
    What I plan is to carry under my constitutional right and deal with the concequeces when, and if "caught". I do not have to do ANYTHING to enjoy my 2nd A right.

    Easy there big guy, if you want to help, support the groups that are working to change the current regulations. Beyond that, submit a CCW application, the more the state gets, the more they MAY pay attention. I waiting to see what happens with my application.
     

    ffemtreed

    Ultimate Member
    Feb 1, 2011
    1,383
    Wilmington, NC
    Easy there big guy, if you want to help, support the groups that are working to change the current regulations. Beyond that, submit a CCW application, the more the state gets, the more they MAY pay attention. I waiting to see what happens with my application.

    becareful with that advice right now, the stats aren't going to help much and the denial that is sure to come on most cases might prohibit the denied person from getting permits in other states that have questions on their application like "have you ever been denied a firearms permit before?"
     

    CrawfishStu

    Creeper
    Dec 4, 2006
    2,336
    Crofton
    becareful with that advice right now, the stats aren't going to help much and the denial that is sure to come on most cases might prohibit the denied person from getting permits in other states that have questions on their application like "have you ever been denied a firearms permit before?"
    Wow...hadn't even thought of that
     
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