SAF SUES IN MARYLAND OVER HANDGUN PERMIT DENIAL UPDATED 3-5-12
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esqappellate
President, MSI
- Feb 12, 2012
- 7,408
smokey
2A TEACHER
- Jan 31, 2008
- 31,500
Is there anything credible suggesting the ruling is today?
Mr H
Banana'd
Just wishful thinking AFAIK...
OLD FORD GUY
Member
I hope it happens soon as I am spending too much time refreshing and looking at this thread. Need to get some other things done. I assume the ruling will be posted here as soon as it gets released.
Les Gawlik
Ultimate Member
- Apr 2, 2009
- 3,384
I'll bet that Gansler has a motion for stay sitting in a law firm in Richmond near the courthouse. The minute the email hits with Legg's ruling, he picks up the phone and the motion for stay is filed within five minutes. That would give him some cover to claim status quo until the Fourth Circuit rules on the stay.
dlmcbm
Ultimate Member
fireup
Member
I think he's waiting until tomorrow because he knows it's my birthday 
I'm a former Marylander by birth. I grew up in P.G. County. My wife and I still have quite a few relatives in Maryland so we travel there often.
I understand they haven't asked 4th for a stay. But if Judge Legg denies a permament stay, they will.
My understanding from reading various posts by esqappellate is that the 4th will consider the merits of the stay request independent of the district court's stay ruling. If this is correct, how it doesn't seem like it should take Judge Legg that long. Either the State's reasoning for asking for a stay are justified and too bad Woollard (and the rest of us) or they aren't. If they are, then Woollard and the rest of us will just have to wait until the 4th is done. If they aren't then the state needs to go cry to the 4th who will make up their own mind independent of anything Judge Legg says on his stay motion.
I think he's waiting until tomorrow because he knows it's my birthday
I honestly believe that this is just as likely as any other possibility right now.
Mr H
Banana'd
Welcome aboard.
I can't answer the knife question, but many here will be along shortly to assist (and there is the "Edged Weapons" folder with good information).
Be sure to stop by the Introductions folder for cookies and Sweet Lemonade!
jkray
Active Member
In MD as long as it is a common folding knife I do not believe there are any restriction on carry or length. However if it is a fixed blade I believe it MUST be open carried in its proper sheath.
Also welcome and enjoy
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Alas, not nearly that simple See 4-101 MD Criminal Law Article. A knife is a dangerous weapon, regardless of size, unless it is a pen knife.
4-101 provides:
(c)(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.
(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.
(3)(i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County,
Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, Washington County, and Worcester County
See Attached with annotations.
Isn't the definition of "pen knife" in this state a folding knife? I rarely don't have at least a small knife on me (I'm a sailor, and the wise sailor always has a knife of some type within easy reach).
Mr H
Banana'd
Gray Peterson
Active Member
the standard of review is abuse of discretion, not de novo. CA4 review is NOT independent. If it was, then MD would have just filed something in Richmond first.
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