No.If this is found to be unconstitutional and void is there recourse for those who wasted money getting one? Can the state be required to return the fee?
No.If this is found to be unconstitutional and void is there recourse for those who wasted money getting one? Can the state be required to return the fee?
There are not enough words in this post... please add approximatley 67 more... thank you.
Gosh darn it.There are not enough words in this post... please add approximatley 67 more... thank you.
I hope someone challenges the 7-day wait. Aside from the logic of requiring a person who already has handguns still wait 7 days to purchase additional handguns making absolutely no sense, there's no reason the background check requires 7 days to complete. Heck, you'd think that with the HQL pre-approving someone to purchase a handgun the 7-day wait would be completely unnecessary. It's nothing more than a reason to delay rights.
Interestingly, I dislike the 7-day wait so much that I usually purchase 2+ handguns at a time because it makes me feel that the wait is a little more palatable.
Here, the case involves keeping a handgun in the home, which is certainly protected by the Second Amendment. The government bears the burden of proving that the HQL "is consistent with the Nation's historical tradition of firearm regulation."When the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct. The government must then justify its regulation by demonstrating that it is consistent with the Nation's historical tradition of firearm regulation. Only then may a court conclude that the individual's conduct falls outside the Second Amendment's unqualified command.
Oh yeah, no wonder Frosh doesn't want this added. Outstanding.David Kopel posts about his amicus brief for MSI v Hogan, in today;s Volokh Conspiracy:
<SNIP>
Therefore, the amicus brief suggests that the training requirement of Maryland's Handgun Qualification License is unconstitutional.
The 4th Circuit has requested a response from the State on Amici’s (FPC, David Kopel) motion to file their amicus brief. State owes a response by or on 8/22/22.
Ditto. Also consider the Second Ammendment Foundation!I really appreciate everything MSI does for gun owners in Maryland. I just renewed my Membership 5 minutes ago - it's not one I'm going to let lapse, although I'm considering letting my NRA membership lapse.
The 77R fight would be the same as fighting the 4473. Only difference is the fight is at the state level instead of the federal levelSuprised the State hasn't ask for 2 or 3 week extension! Also, reading FPC, David Kopel amicus wonder why not go after the 77R.
Quoted "Any person who wishes to purchase, rent, or transfer a regulated firearm must complete a MSP 77R Application and Affidavit to purchse a regulated firearm. This includes individuals acquiring a regulated firearm through a firearm dealer, secondary sale/private sale, gift, or a person who wishes to voluntarily register a regulated firearm shall complete a Maryland State Police Application and Affidavit to Purchase a Regulated Firearm (MSP 77R)."
The government bears the burden of proving that the (-HQL-) 77R "is consistent with the Nation's historical tradition of firearm regulation."
Not really. It doesn't hit their wallets, it hits ours (taxpayers).Too Bad. If it hit them in the wallet maybe it would deter legislatures from writing unconstitutional laws.
I hope everyone is a member of MSI, speaking of lawyers..... And BTW, the NRA is helping with this suit too.Not really. It doesn't hit their wallets, it hits ours (taxpayers).
We pay them to pass these horrible laws. We pay them to defend
these laws and we pay the lawyers trying to overturn them.
Taxpayers and gunowners finance 100% of all of this.
Meanwhile we're paying for training classes , fingerprints, background
checks and licenses all along the way.
You do it.I hope someone challenges the 7-day wait. Aside from the logic of requiring a person who already has handguns still wait 7 days to purchase additional handguns making absolutely no sense, there's no reason the background check requires 7 days to complete. Heck, you'd think that with the HQL pre-approving someone to purchase a handgun the 7-day wait would be completely unnecessary. It's nothing more than a reason to delay rights.
Interestingly, I dislike the 7-day wait so much that I usually purchase 2+ handguns at a time because it makes me feel that the wait is a little more palatable.
Renewed this week as well, and just kicked in more for the CanDoEZ karmaJust renewed two hours ago!