Maryland Shall Issuse - Update - 3/06/12 - More on Woollard Case

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  • Norton

    NRA Endowment Member, Rifleman
    Staff member
    Admin
    Moderator
    May 22, 2005
    122,848
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    In this issue:

    1. Woollard Outcome
    2. Emails
    3. Staying The Course
    4. Moving Forward With Educating The Public

    <hr><hr>

    1. Woollard Outcome


    "A citizen may not be required to offer a good and substantial reason why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs."

    That simple truth was all it took to rule that Maryland unconstitutionally denies carry permits to law-abiding people. The US Federal District Court in Baltimore reminded us - in a single line- that our civil rights belong to 'We, The People', and not 'They, The Government'.

    Maryland Shall Issue welcomes this ruling. Maryland law required the issuance of a carry permit to law-abiding people only if they meet one or more requirements, including a "Good and Substantial Cause" above that of the average citizen. The Court ruled that such a requirement could not survive the scrutiny of the US Constitution. The right to armed defense is one of the few enumerated, fundamental rights that we possess, and the state may not simply wish it away.

    The impact of this decision - in the immediate case - is that the law used to deny your rights is unconstitutional. Technically, this makes Maryland a Shall-Issue state, as of now. MSI anticipated this decision and supported this case through funding and outreach. We are excited by the win, but also ready for the next steps. The state will not take this quietly, and has already announced their intention to appeal the ruling and also to request a stay on its implementation. It will likely be several weeks before such action is contemplated by the courts.

    During that time, many have asked MSI, "What does this mean for me, and is now the time to apply?"

    We say: If you can afford the fees, feel free to apply. It will tell the state to stop denying you the lawful exercise of your rights.

    While arguing this case, the state claimed that their approval rate is greater than 90%, while conveniently omitting the fact that few will apply for a permit they know the state will not approve. The state has also claimed that the people of Maryland have little interest in this fundamental civil right. They are wrong.

    Your application will join many others. We do not know how the state will handle your application. Technically, under this ruling the state cannot deny you for failure to provide a 'Good and Substantial Cause' to exercise your right. That said, no outcome is assured when dealing with Maryland politicians bent on maintaining a system of patronage that approves 25 years of permits for well-connected bankers, but never one for the common man. The state will fight - they might delay application processing through the time of their appeal. They are going to ask the courts to let them continue to deny our rights while they spend yet more taxpayer dollars crafting inane arguments that claim Maryland residents are more likely to commit crime when exercising their right than the 43 states that are Shall-Issue. It is clear that the state believes law-abiding Maryland people are simply more bestial than the rest of the nation. In the end, Maryland's tired arguments will fail. When the higher courts affirm this ruling, each application denied is a civil right denied. And in the event the state does not get their stay, well...then Maryland Shall Issue.

    If times are tough for you, please stand by. In spite of this ruling, there is risk when dealing with a state that has done all in its power to deny your civil rights for decades. We promise there are going to be many ways to assist in the weeks and months ahead.

    As for the application itself, when it asks for "Reason for handgun permit" (9a), please note "For Self Defense and All Lawful Purposes". You need not attach documented threats or police reports, but if you have them please do so. If someone from the state discourages you from applying or attempts to prevent your application from consideration, get their name and let us know immediately.

    Remember this: the State of Maryland is on the hook to explain to the Federal Courts and the People of Maryland why they continually deny a fundamental civil right. Your rights do not come from the government - they are yours and the government cannot remove them just because they wish your compliance. Every lawful person denied the exercise of this right is another violation of basic civil rights.

    If you choose to apply, please share your story with us and let us know how you progress through the system. MSI intends to follow as many applications as possible and share general statistics with our partners. We are watching the state. We will not release your personal info to anyone without your express written consent. Just drop us an email and join the rest of us in demanding our rights be recognized, today.


    <hr>

    2. Emails

    Please forgive us if we are slow or negligent in returning your emails and answering your questions right now. The truth is that we are swamped with correspondence and will try to respond as we are able.

    <hr>

    3. Staying The Course

    Predictably, we are now seeing groups and individuals, particularly politicians, flocking to Monday's decision to capitalize on it for their own purposes. As the proverb says, "Success has many fathers while failure is an orphan."

    Remember that now is not the time for rash behavior. It is a time for thoughtful and rational action where we must continue to stay the course that we have been setting since the Second Amendment Foundation announced the suit nearly two years ago.

    MSI has advocated a strategy of allowing the Woollard lawsuit to reach its final conclusion, and facing a likely appeal we continue to do so.

    What is needed now is a conclusive decision at the highest level of the judiciary that renders the discriminatory aspects of the current Maryland permitting process to be null and void. We do not need anything that endangers that outcome.

    Slow and steady wins the race. That strategy has gotten us this far. Continue to trust in it.

    <hr>

    4. Moving Forward With Educating The Public

    Now that we have the force of a court opinion behind us, we are accelerating our process of educating the general public. MSI planned to begin a new public relations campaign after the General Assembly session ended, but the events of this week have compelled us to act now.

    As you know, it is MSI's firm policy that we never come to you for financial support except for the membership period in September or when we have a defined project that needs to be funded.

    This is that time.

    We are working hard on a special project targeted at educating the general public as to the significance of the Woollard decision and that the right to self-defense has been acknowledged as a Constitutional right in Maryland. This project will be focused on major metro areas in Maryland with the intention of framing today's events on our terms with the general public.

    If you've been waiting for the right time to support MSI financially, we are respectfully asking you to do so now. This project will require substantial capital and your role in this cannot be emphasized enough since all of MSI's operating funds come from grassroots sources.

    To that end, we are announcing a money-bomb from Monday March 5th until Friday March 16th. All funds received during that time frame will be designated towards our efforts to educate all residents of Maryland on this week's decision.

    Please consider a special donation to Maryland Shall Issue®.

    Donations may be sent electronically via the MSI website or you may send them in to the office address at the conclusion of this Update.

    <hr><hr>


    Maryland Shall Issue®, Inc.
    1332 Cape Saint Claire Road #342
    Annapolis, Maryland 21409
    410-849-9197

    Mission Statement: Maryland Shall Issue® is an all volunteer, non-partisan effort dedicated to the preservation and advancement of all gun owners' rights in Maryland, with a primary goal of CCW reform to allow all law-abiding citizens the right to carry a concealed weapon; and to the education of the community to the awareness that 'shall issue' laws have, in all cases, resulted in decreased rates of violent crime.

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    Schwabe

    Ultimate Member
    Nov 20, 2010
    3,936
    Sho'a
    I am very appreciative for all you are doing. It boggles my mind that in the end it was just one sentence, it almost looks too simple and yet it took years. Just shaking my head in disbelieve ... how can we ever come to a common ground?
     

    bryanjusmc

    Celer Silens Mortalis
    Oct 8, 2009
    675
    Edgemere
    I had previously decided not to bother applying because of the odds against me even getting a fair review and therefore getting denied. I would like to be one of the ones to apply now and see how things go, can anyone point me to the application form and instructions on what parts to fill out and how? I just tried searching mdsp.org for the file which I believe I once found there but they seem to conveniently have a new website and I cannot access the document downloads.
     

    CorpsmanUp

    Banned
    BANNED!!!
    Jan 19, 2010
    1,644
    St Mary's County
    Question:

    If I decided to apply for a CCW right now, and was denied, is there a waiting period until you can apply again?

    Just curious if the number of times applied and denied affect their decision etc.
     

    PJDiesel

    Banned
    BANNED!!!
    Dec 18, 2011
    17,603
    I had previously decided not to bother applying because of the odds against me even getting a fair review and therefore getting denied. I would like to be one of the ones to apply now and see how things go, can anyone point me to the application form and instructions on what parts to fill out and how? I just tried searching mdsp.org for the file which I believe I once found there but they seem to conveniently have a new website and I cannot access the document downloads.

    http://www.mdsp.org/Organization/SupportServicesBureau/LicensingDivision/HandgunPermit.aspx

    Down bottom on the right
     

    krucam

    Ultimate Member
    One Money Bomb in the Summer of 2010 when Woollard was announced, another one after we win. This is just round one folks.

    Thanks also to SAF, Mr Gura and Cary Hansel (ATTYSHOOTER). First post-McDonald win on a Civil Carry case in the US. Puerto Rico was also a win.

    Well done!

    Another $50 to MSI, another $50 to SAF.

    It's going to start getting more and more interesting folks. The dyke is about to burst...
     

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