CCW denial is Cheap insurance?

[stimpy17]

So here's a question that's running through my head. Assume the scenario:

1) apply for CCW for personal protection
2) force the application to be accepted and do not allow the MDSP to be nice and not take your money
3) get denied
4) follow the process to its end to its end review board etc
5) get denied

then wait to have a violent crime committed against you that you could have prevented with a hand gun.

Not saying you should seek it out but just wait and if it ever does happen...

State now liable for damages? Sue the pants off them? Retire wealthy? Pain and suffering the whole deal.

Seems like for a few hundred dollars you can buy yourself insurance for life against ever having a violent crime committed against you. All in all it would be cheap insurance?

Just yes!!!!

 

[jkeiler]

I got denied, had a pretty good case, and still fear that the situation that justified a permit might still end up doing me harm without a means of defense. All that said, I would have nothing close to a case should that happen--in fact it would be thrown out as completely frivolous.

To have a lawsuit you generally need a duty, a breach, proximate cause and damages. In these scenarios:

No duty--as pointed out the State doesn't have a duty to protect you. Nor do they have a duty to issue you a permit, only to follow the law in considering your application.

No provable breach--just denying a permit, even if the decision is wrong, would not be a breach. You would have to prove some active negligence, like the failed to review something they were obligated to do, just ignored the application, etc. That would be almost impossible to do.

No way to prove proximate cause--how could you prove that in a given scenario that but for you having a gun it would have come out better. Can you prove you would have killed, injured or scared away the bad guy? Likely impossible.

Damages--ok, assuming you are hurt, that is the only thing you would have.

 

[GTOGUNNER]

We have Long Gun open carry. You are not defenseless.
Don't carry a long gun loaded in a vehicle.
Not in Prohibited places plus a few more rules, oh,
and wear clean underwear.

 

[Blaster229]

Well, you cannot prove to me or probably any court, that having had a pistol, you would have been successful in defending yourself in a situation.
I think you would be suing for not having been allowed to TRY and use a pistol for self defense.

I'm not even sure what I wrote has anything to do with the op

 

[m4strmind]

Well, you cannot prove to me or probably any court, that having had a pistol, you would have been successful in defending yourself in a situation.
I think you would be suing for not having been allowed to TRY and use a pistol for self defense.

I'm not even sure what I wrote has anything to do with the op

You got the idea i was thinking about

 

[Park ranger]

This is the mission statement of MSP. I say they have a duty to protect you.
Mission

The Mission of the Maryland State Police is to protect the citizens of the State of Maryland from foreign and domestic security threats, to fight crime, and to promote roadway safety by upholding the laws of the State of Maryland. This will be accomplished through aggressive patrol, investigation, intelligence gathering and interdiction efforts; and by providing leadership and assistance to state and local agenci

 

[moojersey]

LGOC rally in Annapolis

 

[PJDiesel]

LGOC rally in Annapolis

Shit, I'll watch from my car......

 

[protegeV]

Shit, I'll watch from my car......

while parked at my house...In Bmore.

 

[PJDiesel]

while parked at my house...In Bmore.

Yeah, I'll park behind you, at your house.

 

[TheBert]

The state has no duty to protect you. You would have no case.



https://en.wikipedia.org/wiki/Warren_v._District_of_Columbia

If the state has no duty to protect you then that should be a "G&S" reason to obtain an CCW permit in Maryland. The state can't have it both ways.

 

[m4strmind]

I think it would be a PR nightmare for the state if nothing else.

"Man scared for his life from his ex-wifes new boy friend beaten after maryland denied his ability to defend himself"

 

[protegeV]

I think it would be a PR nightmare for the state if nothing else.

"Man scared for his life from his ex-wifes new boy friend beaten after maryland denied his ability to defend himself"

that's how you and I may think. 99.9% of everyone else won't care.

 

[protegeV]

If the state has no duty to protect you then that should be a "G&S" reason to obtain an CCW permit in Maryland. The state can't have it both ways.

oh but they do. They do like it was their JOB!

 

[PJDiesel]

Including anyone from the MSP LD.

 

[m4strmind]

that's how you and I may think. 99.9% of everyone else won't care.

Depends on how its marketed.

Sadly to say it likely also depends on the color of the skin of the people involved.

 

[redeemed.man]

If the state has no duty to protect you then that should be a "G&S" reason to obtain an CCW permit in Maryland. The state can't have it both ways.

Unfortunately they do have it both ways