Whalen v Handgun Permit Review Board Appeal Brief Filed

Stoveman · Nov 18, 2019

danb said:
Mark Bowen doesn't even wipe the Frosh off his ass without permission from, well, Frosh.

Personally I think it would be great if the HPRB decided to step in an issue an appellate type opinion on GS. Frosh would drown in his own Frosh if that happened.

Did you listen to the video?

press1280 · Nov 23, 2019

Stoveman said:
Spoiler Alert: The Unmade Bed that is Mark Bowen argued that the HPRB has/had the ability to determine if G&S is constitutional. I shit you not. Someone call Judge Smails.

That's pretty bad. Then again in Federal cases 2A eligibility is pretty much handed to Congress' opinion.

wolfwood · Jun 15, 2020

with all the cases denied this is the next big case to follow

Applehd · Jun 15, 2020

wolfwood said:
with all the cases denied this is the next big case to be denied.

Fixed.

Steel Hunter · Jun 15, 2020

wolfwood said:
with all the cases denied this is the next big case to follow

~~SCOTUS killed all 2A cases in the queue.~~

Ignore this.

wolfwood · Jun 15, 2020

Steel Hunter said:
SCOTUS killed all 2A cases in the queue.

this one is in Maryland state court

MSI case

Steel Hunter · Jun 15, 2020

wolfwood said:
this one is state in maryland state court

My mistake for confusing this with Malpasso. We had better hope this is solved in state or circuit because we now know if it goes past that it's not going anywhere.

Unfortunately a new strategy could now be to try and push all 2A cases up to SCOTUS because there won't be any action taken.

esqappellate · Jun 16, 2020

Steel Hunter said:
My mistake for confusing this with Malpasso. We had better hope this is solved in state or circuit because we now know if it goes past that it's not going anywhere.

Unfortunately a new strategy could now be to try and push all 2A cases up to SCOTUS because there won't be any action taken.

The Court of Special Appeals refused to decide the merits, holding that the 2A arguments were waived because Mr. Whalen did not raise them before the HPRB. Case is over. So, let that be a lesson. You *must* preserve arguments if you hope to litigate the case. With the Board gone, that means that these arguments need to be raised before the Maryland State Police and again before the Office of Administrative Hearings and again before the Circuit Court and again before the Court of Special Appeals and again before the Court of Appeals.

Steel Hunter · Jun 16, 2020

esqappellate said:
The Court of Special Appeals refused to decide the merits, holding that the 2A arguments were waived because Mr. Whalen did not raise them before the HPRB. Case is over. So, let that be a lesson. You *must* preserve arguments if you hope to litigate the case. With the Board gone, that means that these arguments need to be raised before the Maryland State Police and again before the Office of Administrative Hearings and again before the Circuit Court and again before the Court of Special Appeals and again before the Court of Appeals.

This makes me sad. Especially the part about steam rolling over rights just because a hack team of political appointees weren't explicitly told the 2A exists and covers carrying outside the home.

Mr. Whalen's constitutional challenge was not made before the Board, it is not preserved here, and we see no reason to reach out to address it now.

BeoBill · Jun 16, 2020

esqappellate said:
The Court of Special Appeals refused to decide the merits, holding that the 2A arguments were waived because Mr. Whalen did not raise them before the HPRB. Case is over. So, let that be a lesson. You *must* preserve arguments if you hope to litigate the case. With the Board gone, that means that these arguments need to be raised before the Maryland State Police and again before the Office of Administrative Hearings and again before the Circuit Court and again before the Court of Special Appeals and again before the Court of Appeals.

Maybe my grandchildren will be around to see SCOTUS hear another 2A case...

CrueChief · Jun 17, 2020

BeoBill said:
Maybe my grandchildren will be around to see SCOTUS hear another 2A case...

My guess if they do hear a case the result will not be the one we want.

Kharn · Jun 17, 2020

"Although unnecessary to uphold the
Board's decision, we note the fact that Mr. Whalen is no longer an ANC Commissioner
and that he now has a concealed carry pistol license issued by the District of Columbia
completely undercut any argument that he has a good and substantial reason for obtaining
a handgun permit in Maryland."

Huh?
He has a DC permit, so he no longer has any iota of a claim towards an MD permit?

PowPow · Jun 17, 2020

esqappellate said:
The Court of Special Appeals refused to decide the merits, holding that the 2A arguments were waived because Mr. Whalen did not raise them before the HPRB. Case is over. So, let that be a lesson. You *must* preserve arguments if you hope to litigate the case. With the Board gone, that means that these arguments need to be raised before the Maryland State Police and again before the Office of Administrative Hearings and again before the Circuit Court and again before the Court of Special Appeals and again before the Court of Appeals.

Why is it subtitled on every page, "Unreported Opinion"? That seems an odd thing to have pasted on 11 pages of your work. I saw the disclaimer (below), but I don't understand the rationale for it.

*This is an unreported opinion and therefore may not be cited either as precedent or as
persuasive authority in any paper, brief, motion, or other document filed in this Court or any
other Maryland court. Md. Rule 1-104.

jcutonilli · Jun 17, 2020

PowPow said:
Why is it subtitled on every page, "Unreported Opinion"? That seems an odd thing to have pasted on 11 pages of your work. I saw the disclaimer (below), but I don't understand the rationale for it.

https://en.wikipedia.org/wiki/Non-publication_of_legal_opinions_in_the_United_States

An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value.

In the system of common law, each judicial decision becomes part of the body of law used in future decisions. However, some courts reserve certain decisions, leaving them "unpublished", and thus not available for citation in future cases. It has been argued that non-publication helps stem the problem of too much written material creating too little new law.[1] Specifically, the number of federal appeals filed annually grew from 23,200 to 33,360 between 1980 and 1985,[2] and 55,000 federal appeals were filed in 2000.[3] Conversely, studies have shown how non-publication can distort the law.[4]

unpublished and unreported mean the same.

Kharn · Jun 18, 2020

They would have made a TS clearance court-prescribed as G&S if this opinion were published, based on the current wording. That could have been very useful when a future administration changes the issuing policy.

Steel Hunter · Jun 18, 2020

Kharn said:
They would have made a TS clearance court-prescribed as G&S if this opinion were published, based on the current wording. That could have been very useful when a future administration changes the issuing policy.

Interesting. That would have made it potentially worth it to find a job that would get one. I still find it hilarious that people with CCWs for that reason still have the restriction of only while employed despite the fact that they don't magically lose their memory upon quitting or retiring.

Kharn · Jun 18, 2020

Steel Hunter said:
Interesting. That would have made it potentially worth it to find a job that would get one. I still find it hilarious that people with CCWs for that reason still have the restriction of only while employed despite the fact that they don't magically lose their memory upon quitting or retiring.

Owning a side business or having a TS clearance are the two easiest paths. TS has significantly less drama from MSP, but you're stuck in very select positions, and it isn't available to just anyone. Anyone can sell their homemade crap at flea markets as a side business.

Applehd · Jun 18, 2020

Kharn said:
Owning a side business... Anyone can sell their homemade crap at flea markets as a side business.

Although this is not a difficult path, at least now that some things have changed, it's not to say that this is without significant cost to legitimize said "side business".

Occam · Jun 18, 2020

Applehd said:
Although this is not a difficult path, at least now that some things have changed, it's not to say that this is without significant cost to legitimize said "side business".

True enough ... but note that you can run said side business as a in-your-direct-name sole proprietorship. As long as you can show the cash flowing into your tax returns as a result of the business activity, you don't even need to set up an LLC or a business bank account, etc.

It will be easier/faster (in the lifetime of the business venture) to get the MSP to recognize the business if it has its own checking account, etc... because if you're just accounting for the income on your personal taxes as a SP, it's gonna be a while before you have a tax return to show them. Absent that (because, say, you only started that little business a couple of months ago), you'll need a solid paper trail of receipts/deposits that can be seen as exhibiting ZERO shenanigans and backing up the story of your new business. But it's doable. You can regularly mow half a dozen neighbors' lawns and make this work.

Ack Ack · Jun 18, 2020

For clearance holders, it's possible that it might not be just TS. My Security Manager was reluctant to be specific in the letter due to liability concerns. She wrote: "Mr. Ack Ack holds a Department of Defense Security Clearance. As a security clearance holder, he has demonstrated a history of honesty, discretion, reliability, sound judgment, strength of character, trustworthiness, and loyalty to the U.S."

I don't know if they called the SM and if they did, I don't know if the level of my clearance discussed.

Whalen v Handgun Permit Review Board Appeal Brief Filed

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