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Old July 25th, 2019, 09:11 AM #1
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Whalen v Handgun Permit Review Board Appeal Brief Filed

I search but did not see a thread on this. I am SURE it must be out there....

Whalen v Handgun Permit Review Board Appeal Brief Filed

In the continued fight to promote and defend the right of armed defense that belongs to every responsible, law-abiding Marylander, Maryland Shall Issue is representing MSI member, Holmes Whalen, in an appellate brief filed on July 22, 2019, with the Maryland Court of Special Appeals (Maryland's intermediate level appellate court). Mr. Whalen was arbitrarily denied a permit by the State Police and that denial was sustained by the Handgun Permit Review Board and by the Baltimore City Circuit Court. The appeal challenges the constitutionality of the "good and substantial reason" standard the state uses to deny Maryland citizens the ability to protect themselves in public. The appeal also asks the Court of Special Appeals to overrule its outdated precedent (Snowden and Scherr) on which the State Police and the Handgun Permit Review Board erroneously continue to rely. You can read our Brief HERE. This case may establish important new precedent in Maryland by making clear the right of self-defense applies to all "the people" protected by the Second Amendment, not merely the tiny select few favored by the State Police. The State has 30 days to file a brief after which we have 20 days to file a Reply. The case is tentatively set for oral argument before the Court of Special Appeals in Annapolis in November.

https://www.marylandshallissue.org/j...brief-redacted
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Old July 25th, 2019, 09:38 AM #2
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I wish you luck with this. I'm still probably going to flee this state when I'm getting set to retire, but it would help me to reconsider if we could roll back some of these useless and arbitrary firearms laws this state maintains, as well as to maybe turn Maryland into a Shall Issue state.
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Old July 25th, 2019, 09:50 AM #3
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I'm a little surprised that the 14th Amendment due process argument wasn't raised. "Good and sufficient" is so vague that it can be easily used to justify almost anything.

Anyone applying for a W&C permit is investing a significant amount of time and money in training, fingerprinting, acquiring a firearm, acquiring a suitable holster (or three), etc. The willingness to make that investment is itself proof that the applicant considers his reason "good and sufficient".
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Old July 25th, 2019, 10:03 AM #4
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Saw this last night, thanks for posting!
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Old July 25th, 2019, 10:13 AM #5
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Yeah, got this in my regular MSI update email, and was pretty sure this was totally new news to me. I think I need to start a new product line: "2A Popcorn" (which would be fully automatic, in a microwave) for when we start tracking this sort of thing. Looking forward to it running into the usual brick walls and then going up the food chain if it can be managed, financially. Time to throw another I-didn't-need-that-pizza-anyway few bucks to MSI.
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Old July 25th, 2019, 11:44 AM #6
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The MSI Legal Fund Tip jar will be available at Chantilly this weekend , for those who prefer to donate the old school way .
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Old July 25th, 2019, 11:53 AM #7
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So what does something like this cost in legal fees (other costs?). Do MSI lawyers work pro bono, reduced rates, Full fee? How many people are on the "legal team". If every MSI Member donated $XXX we could fight this all the way to the supreme court. I'm not trying to audit anyone I'm just curious. Even with unlimited funds I suspect it wouldn't move through the legal system much faster right?
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Old July 25th, 2019, 04:05 PM #8
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Quote:
Originally Posted by onedash View Post
So what does something like this cost in legal fees (other costs?). Do MSI lawyers work pro bono, reduced rates, Full fee? How many people are on the "legal team". If every MSI Member donated $XXX we could fight this all the way to the supreme court. I'm not trying to audit anyone I'm just curious. Even with unlimited funds I suspect it wouldn't move through the legal system much faster right?
Just a note on the costs. I am counsel on the case (I'm on the cover) and I can tell you that that printing costs and shipping costs (to serve) were over $800.00. That is just the cost to have someone print the brief and the Record Extracts in sufficient number of copies and to serve them on opposing counsel. And as we take it up the food chain, those kinds of basic costs get even higher. Don't sit on the sidelines.
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Old July 25th, 2019, 05:17 PM #9
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Quote:
Originally Posted by Mike OTDP View Post
I'm a little surprised that the 14th Amendment due process argument wasn't raised. "Good and sufficient" is so vague that it can be easily used to justify almost anything.

Anyone applying for a W&C permit is investing a significant amount of time and money in training, fingerprinting, acquiring a firearm, acquiring a suitable holster (or three), etc. The willingness to make that investment is itself proof that the applicant considers his reason "good and sufficient".
That argument comes at the federal level, this is still at the state level.
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Old July 25th, 2019, 05:23 PM #10
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Is the person mentioned a member of any social media site that is geared in the gun & ammo arena ?


And if we give money can we dictate it goes toward this suit ?
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