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

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    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    I wasn't clear....I was voluntarily without power, running water or internet for 5 days at the Undisclosed Location (tm) :D

    I'll buy your gas to get back there then? lol:lol:
     

    EarthLover

    Active Member
    Aug 10, 2009
    157
    someone needs to log into PACER and download the docket entries/filings.
    We can get live updates directly from the source. Up to date filings, etc.
    Balitmore Court House is Northern district for Fed Court System (in MD).

    Anyone got PACER access?





    anyone know of a time frame of when we should see/hear any news on this
    moving forward
     

    miles71

    Ultimate Member
    Industry Partner
    Jul 19, 2009
    2,531
    Belcamp, Md.
    So it seems renewals are just as abitrary as actual permits. Even more reason to support this action. Everytime the news comes on it seems someone has been threatened, attacked, murdered, etc.

    I dont think being a shall issue state will cause everyone to have a gun, but the fact someone COULD will help reduce these threats.

    Thanks again to all of you involved.
    TD
     

    Tom43491

    Active Member
    Dec 9, 2009
    146
    Timonium
    well, I go away for 5 days with no electricity, running water or internet access and look what happens?

    Maybe I'll go away for another week and we'll have shall issue, no ballistic fingerprinting, no regulated long guns and no handgun roster.

    I'll be back next Friday. :outta her




    .:D

    :lol:
    I can't thank you enough for your amazing dedication and hard work in this fight! Same goes for all the rest here who are really involved! For those who aren't as involved, let's keep up the financial support, recruiting, and letters and phone calls to politicians!!! We are making progress!!!!
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    Removing restrictions is what the Palmer case is about. That ruling should be coming out very soon, in fact I don't know why it is still delayed. We've been waiting on that one for a while and it's still at the lowest level but it is expected to escalate.

    Maybe because the judge is trying to construct a convoluted decision invoking "rational basis" or "intermediate scrutiny" from a Fundamental Right...? I figured something would have popped by now, even a request for additional arguments in light of McDonald's "Fundamental" opinion (which Heller did not so explicitly state).

    There are still big questions for the courts to answer on gun rights:

    - Are rights restricted to the home?

    - How far can they be limited by government and under what rationale?

    - Is the core truly subject to a strict scrutiny?

    - What is "core" to the right? Keeping and bearing?

    We got a long way to go, but things are moving pretty fast. The current cases will likely answer many of these. Then on to others (licenses and fees required to exercise a right, etc.).
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    I've been trying to keep up, but this thread is growing too fast, so maybe it's been mentioned already, but I think it's a brilliant move to base this case on a renewal in a "may issue" state like MD.

    Maryland has already said at one point that this person has enough training, responsibility and clean background, and we trust him to carry a gun in public. It shows very clearly that MD operates on whimsy alone to make their decisions. I think that makes it a much easier fight than going against a state that doesn't issue at all (which is at least impartial).

    I know that they'll be basking in the glow of my kudos...:rolleyes: by the way I personally think that Einstein was one smart cookie.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,304
    Carroll County
    anyone know of a time frame of when we should see/hear any news on this
    moving forward



    I think Patrick laid out what I thought was pretty accurate description of events somewhere in this thread. A year or more for anything substantial????


    That was post #185. Here it is:


    Yesterday, 12:36 PM #185
    Patrick
    Senior Member




    Deadlines will be set for initial briefs, then response to those briefs. Then MD will file a request for an extension, which SAF will oppose with a request for a Motion for Summary Judgment. The state's request will be granted, the SAF request denied.

    Then the state will file another brief and SAF will respond. At which point the court will call a hearing, where both sides will acknowledge no "finding" is required. SAF will again ask for an MSJ and MD will again request a delay. The MD motion will be denied but the court will allow MD time to formulate more arguments before actually ruling. Barring something interesting from MD, the court will issue their judgment.

    This is pretty much how every single other case has gone.

    If MD loses, they will request a stay on the MSJ while they appeal based on the inherent danger of letting people roam the streets with guns. The court may agree if MD paints a case that says they might win on appeal. But given this is a civil rights case, chances are the answer will be "tough".

    Timeline front to back: 9 months although we could see things move much faster. I might owe Krucam dinner this year, yet.

    That is one bet I'd be happy to lose.

    The big likelihood for slowing the process down will be one of the other cases making it up the chain of the 4th or to the Supreme Court before the judgment is made. Then this court will go into hiatus waiting on the Supreme/Circuit Court to decide, just like so many cases that waited on McDonald. So if the NC case advances, or if Sykes in CA moves beyond the 9th...everything will probably stop. Not sure the NY case can advance fast enough to get in the way.

    http://www.mdshooters.com/showpost.php?p=732137&postcount=185
     

    K-Romulus

    Suburban Commando
    Mar 15, 2007
    2,429
    NE MoCO
    here is a link to the complaint, off the SAF website:
    http://saf.org/default.asp?p=legalaction#md-lawsuit

    I have a personal PACER account and can keep things updated. Right now, the summons was issued to the defendants, telling them to answer the complaint within 20 days. I attached the one I downloaded since I already paid for it. These things are 8 cents a page, so I may have to limit the downloads.
     

    Attachments

    • Gallagher summons.pdf
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    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,830
    Bel Air
    I think it will be difficult to look at "Keep and bear" and say KEEP is a fundamental right but BEAR can be regulated by the government. Provided we have the same Supreme Court hearing this case, I see them saying that the Second Amendment applies to the States. We bought and paid for the Second Amendment, it means what it says. I am terrified that something might happen to one of the conservative Justices. It wakes me from sleep in a cold sweat.
     
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