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

[krucam]

Defendant Opposition to Pltf MSJ, Cross-MSJ

Haven't read yet...but here it is...


Edit: Read my post from pg 103 about "they're screwed"....They Are most definitely SCREWED! Reasonable Regulation, their compelling argument (public safety) doesn't address the other 43 states that don't have a problem, these are the arguments of the losing side in Heller & McDonald....

Doc #26: http://ia600101.us.archive.org/1/items/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.26.0.pdf

 

[Inigoes]

Just starting to dig into it

but I love the TOC entry

Maryland Does Not Require a Permit to Possess a Firearm,
Including a Handgun, in the Home or Under Numerous Other
Circumstances

 

[Hopalong]

I'm reading it now. Their opening paragraph talks about the devastating problem of handgun violence in Maryland as if denying criminals carry permits will reduce it.

 

[yellowsled]

my favorite part....

"Outside of limited exceptions, Maryland does not require a permit to wear and
carry a long gun outside the home."

Looks like I am gonna put that sling on my MAK-90 to good use.

 

[Inigoes]

pg 16

Maryland’s firearms laws are “reasonable firearms regulations” that reflect the
State’s concerted effort to “devise solutions to social problems that suit local needs and
values,”

 

[krucam]

my favorite part....

"Outside of limited exceptions, Maryland does not require a permit to wear and
carry a long gun outside the home."

Looks like I am gonna put that sling on my MAK-90 to good use.

There is an AG letter that states this as well....

Did I just read MD in using Chester's analysis, quote Williams v MD and come back that "Bear" which = Carry per Heller, Williams "held that regulations that do not regulate conduct within the home do not fall within the scope of the Second Amendment"?

Screwed...

 

[Inigoes]

Pg 18

the Handgun Permit Unit follows guidance from
Maryland’s appellate courts that the standard requires something more than “personal
anxiety,” and requires applicants to demonstrate more than the level of fear of the
average citizen.


14. If a threat is especially urgent, the Handgun Permit Unit can make permits
available even on a same-day basis.

 

[Patrick]

50 pages. Believe it or not, I am going for lunch before digging into this.

That said, the Table of Contents reads like a complete adherence to the...wait for it...

2A Two-Step!

 

[shawn]

and this is what they truly think

THE SECOND AMENDMENT GUARANTEES AN INDIVIDUAL RIGHT FOR LAWABIDING CITIZENS TO KEEP AND BEAR ARMS FOR SELF-DEFENSE IN THE
HOME, SUBJECT TO EXCEPTIONS

 

[Inigoes]

They're actually pleading our case.

Pg 22

"The firearm of choice for Maryland’s criminals is the handgun."

Pg 24

The same factors
that make handguns the weapon of choice for defense of the home also make them the
weapon of choice for criminals outside the home.

Pg 25

a potential victim has less of an
opportunity to make use of a handgun for self-defense outside the home.

This one burns me:
Worse, when handguns are in the possession of potential victims of crime, their
decision to use them in a public setting may actually increase the risk of serious injury or
death to themselves or others.

 

[eruby]

page 32

D. Maryland’s Permit Statute Satisfies Any Applicable Standard of
Scrutiny.

1. Maryland’s Permit Statute Seeks to Promote the
Compelling Government Objective of Promoting Public
Safety by Reducing Handgun Violence.

Yeah, that "reducing handgun violence" is working out really well.

 

[Boondock Saint]

This is actually sad while being offensive.

I can't wait for the ruling.

 

[frozencesium]

I'm an IT geek, not a lawyer and I could drive a truck through the holes in this response.

MD is way, way screwed here. The SAF will eat them alive.

 

[Modrak]

For Maryland residents legally allowed to own a gun, Maryland law does not
regulate, or restrict in any way, the wear, carry, or possession of such guns in an
individual’s home, on any real estate owned by that individual, on the premises of an
individual’s business, or on the premises of a business where the individual is a
supervisory employee authorized by the owner to wear and carry the handgun.

Isn't this directly contradicted by the existence of the banned assault pistol list and the list of "approved regulated" weapons that we're allowed to own in the state?

 

[krucam]

On pg 34/60:

B. Maryland’s Handgun Wear and Carry Permit Statute Falls
Outside the Scope of the Second Amendment.The first prong of the Chester test asks whether the challenged statute imposes a
burden on conduct falling within the scope of the Second Amendment.

1. Other Courts Have Overwhelmingly Concluded that
Statutes Regulating Handgun Possession Only Outside of
the Home Do Not Fall Within the Scope of the Second
Amendment Right.

OK, I want to hear this one, they got me all ready and....they spend the rest of the page talking about MD's Williams case...this is "Other Courts Have Overhelmingly Concluded"?

Sounding more and more like NJ here. One case in MD qualifies as "Other Courts have overwhelmingly concluded..."?

 

[shawn]

Hey not bad......They are telling us we can carry our rifles open or concealed.


Maybe I will have to start carrying my undefolder ak .

Third, the law does not regulate the wearing and carrying of all firearms in public,
but is limited only to handguns. Even individuals who lack a good and substantial reason
to obtain a permit to wear and carry a handgun have the option of wearing and carrying
other types of firearms in public

 

[frozencesium]

Hey not bad......They are telling us we can carry our rifles open or concealed.


Maybe I will have to start carrying my undefolder ak .

You want to be the one to test that theory? I promise you that you'll be arrested for "disturbing the peace" or some other non-sense. All Gainsler said was "We can't arrest you for OCing your rifle", he never mentioned not arresting you for something else.

 

[Hopalong]

The Defendants make it sound like normal residents of Maryland can:

1. Easily apply for, and get, a carry permit.
2. Easily carry long guns on their person in public without getting harrassed or arrested by law enforcement.
3. Are safer without the guns listed in #1 and #2 because criminals have them.

None of this bears any relevance to the actual matter at hand, but it's really interesting to see the huge, gaping chasm present between the Defendants view of reality and, well, reality.

As for the rest: somebody get a fork, they're done.

 

[jonnyl]

Downtown Rockville tomorrow anyone??

 

[krucam]

Hey not bad......They are telling us we can carry our rifles open or concealed.

Maybe I will have to start carrying my undefolder ak .

Fodder for another thread perhaps?....ideas are running through my head as well.