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

[Mark75H]

I think I feel my IQ sinking


Somebody get me my sign ...

Thanks . . .

 

[Drmsparks]

Same deal as the california case right? You have to have one "shall issue" but the other can be restricted. If I read that right, they would have to give us one or the other and to be honest, CC is the better option for the state and for us.

I sent this to my friend who is an Ex-Ranger and a Lawyer and here is a little of what he had to say:

"By far the most the most troubling part of this decision is on page 21 when J. Legg goes through the issues he specifically declines to reach with his decision. He states that although the current law does not distinguish between open and concealed carry, he specifically says he make no decision as to whether a similar requirement for “concealed” carry would be unconstitutional. The State will see this as a guidepost in J. Legg’s decision, frankly it is intended to be, and will amend the law such that a “substantial need” will be required for concealed carry while some limited form of open carry will not include the requirement. "

 

[HardHatMan]

AG's office announced they will appeal and seek a stay. http://www.wtop.com/?nid=46&sid=2773265

What's the timeline for a ruling on the staying motion?

That's what pisses me off about this state. They still think that their ****ing laws/rules override a FEDERAL document. They act like this is a 10A issue. The COTUS clearly covers this subject but it's like talking to someone who only speaks Greek when you try to explain it. It's disturbing and stomach churning when the "powers that be" in this state are challenging a federal court decision that has decided to uphold the rights of its citizens.

 

[Virginian Templar]

Congrats to you Marylanders. As luck would have it, I'll be one again soon. This was one of my chief gripes about moving back.

 

[c33m0n3y]

My application is filled out, check written, pics taken. I'm getting it notarized, getting fingerprinted @ the MSP Pikesville barracks at lunchtime, and submitting it tomorrow. My answer to 9A for "Reason..." is "N/A, see Continuation", on which I say it's not required per Woollard v. Sheridan, and am attaching the full printout of the ruling.

Congratulations to MSI, SAF and everyone who fought to make this happen. Now it's not time for caution, it's time to celebrate the defeat of another unconstitutionality we've been capriciously subjected to.

 

[Virginian Templar]

That's what pisses me off about this state. They still think that their ****ing laws/rules override a FEDERAL document. They act like this is a 10A issue. The COTUS clearly covers this subject but it's like talking to someone who only speaks Greek when you try to explain it. It's disturbing and stomach churning when the "powers that be" in this state are challenging a federal court decision that has decided to uphold the rights of its citizens.

It's been incorporated so they can stick it. Actually they can stick it on principle, but there's legal precedent for them to do so.

 

[clandestine]

This is amazing! I wonder if I should apply for unrestricted or wait?

 

[faze]

This is amazing! I wonder if I should apply for unrestricted or wait?

I'm gonna wait and let the dust settle.

 

[krucam]

Same deal as the california case right? You have to have one "shall issue" but the other can be restricted. If I read that right, they would have to give us one or the other and to be honest, CC is the better option for the state and for us.

My thought has always been that if the State gives us Open Carry without G&S, but Concealed requiring G&S....we call their bluff.

I will get myself the 8" S&W .500 I've never wanted (in shiny chrome), put on my thongs, a smile and my S&W and head off to Chuckie Cheese's. It won't be pretty.

MD will never prefer OC over CC. It works in other places, not here....and I'm thankful for that as I really don't want that S&W and, well, you get it...

 

[Boondock Saint]

My thought has always been that if the State gives us Open Carry without G&S, but Concealed requiring G&S....we call their bluff.

I will get myself the 8" S&W .500 I've never wanted (in shiny chrome), put on my thongs, a smile and my S&W and head off to Chuckie Cheese's. It won't be pretty.

MD will never prefer OC over CC. It works in other places, not here....and I'm thankful for that as I really don't want that S&W and, well, you get it...

I have little doubt that if I were to pull such a stunt, I could easily make back the money spent on the ridiculous hog leg by having others pay me to clothe myself in a manner less conducive to spontaneous regurgitation.

 

[csanc123]

I will get myself the 8" S&W .500 I've never wanted (in shiny chrome), put on my thongs, a smile and my S&W and head off to Chuckie Cheese's. It won't be pretty

Dude...that was funny. My wife and I will join you...I'll be carrying the .40 Subcompact XD with a sign on my back ("I love you Clandestine")

 

[Inigoes]

My thought has always been that if the State gives us Open Carry without G&S, but Concealed requiring G&S....we call their bluff.

I will get myself the 8" S&W .500 I've never wanted (in shiny chrome), put on my thongs, a smile and my S&W and head off to Chuckie Cheese's. It won't be pretty.

MD will never prefer OC over CC. It works in other places, not here....and I'm thankful for that as I really don't want that S&W and, well, you get it...

I have little doubt that if I were to pull such a stunt, I could easily make back the money spent on the ridiculous hog leg by having others pay me to clothe myself in a manner less conducive to spontaneous regurgitation.

 

[faze]

My application is filled out, check written, pics taken. I'm getting it notarized, getting fingerprinted @ the MSP Pikesville barracks at lunchtime, and submitting it tomorrow. My answer to 9A for "Reason..." is "N/A, see Continuation", on which I say it's not required per Woollard v. Sheridan, and am attaching the full printout of the ruling.

Congratulations to MSI, SAF and everyone who fought to make this happen. Now it's not time for caution, it's time to celebrate the defeat of another unconstitutionality we've been capriciously subjected to.

I'm giddy with hopeful excitement.

 

[southern71]

So what are the odds of getting a permit if I apply? I understand people saying to send in the app and all. I don't have the money to waste if there isn't a real chance of getting one. I do really want a permit though.

I strongly suggest that if you don't have the resources or if you are hesitant to submit, wait for those that are in a better position to go forward and lay the path. From a legal perspective I really can't say whether submitting before or after the first wave has any advantages. I, like many others here, feel that in the interim, there will be an administrative shuffle that will slow the process to a halt until they can reorganize and try another tactic. Rest assured, the state folks have a plan that was ready to be sprung into action. Appeals, administrative red tape, change in forms, change in procedures etc... They will not go out without throwing their teddies in the corner and having a tantrum. I for one will enjoy sitting back and watching as the train wreck occurs right here in front of us in the short-term. Go ahead and get your Utah, VA, PA etc and hope that the reciprocity bill passes. Then you can really snub them by not allowing them to get the revenue but being able to carry anyway. Double F U in my book!

 

[X-Factor]

My thought has always been that if the State gives us Open Carry without G&S, but Concealed requiring G&S....we call their bluff.

I will get myself the 8" S&W .500 I've never wanted (in shiny chrome), put on my thongs, a smile and my S&W and head off to Chuckie Cheese's. It won't be pretty.

MD will never prefer OC over CC. It works in other places, not here....and I'm thankful for that as I really don't want that S&W and, well, you get it...

I'm giddy with hopeful excitement.

Oh REEEALLLY???










*I'm aware that this is not what faze was responding to, but it had to be done.

I strongly suggest that if you don't have the resources or if you are hesitant to submit, wait for those that are in a better position to go forward and lay the path. From a legal perspective I really can't say whether submitting before or after the first wave has any advantages. I, like many others here, feel that in the interim, there will be an administrative shuffle that will slow the process to a halt until they can reorganize and try another tactic. Rest assured, the state folks have a plan that was ready to be sprung into action. Appeals, administrative red tape, change in forms, change in procedures etc... They will not go out without throwing their teddies in the corner and having a tantrum. I for one will enjoy sitting back and watching as the train wreck occurs right here in front of us in the short-term. Go ahead and get your Utah, VA, PA etc and hope that the reciprocity bill passes. Then you can really snub them by not allowing them to get the revenue but being able to carry anyway. Double F U in my book!

Good post.

 

[Mr H]

I'm gonna wait and let the dust settle.

I'm really torn, but I think I'll wait and see, as well.

 

[Jaybeez]

Guess Gansler has either decided to fight this or was directed to fight this by MOM. Will be interesting to see how this plays out, both in the courts and in the political sphere as both of them seek higher offices...

""We disagree with this ruling," Assistant Attorney General Matthew Fader said in a statement. "In light of the very important implications of the ruling for public safety, the defendants will be appealing to the 4th Circuit Court of Appeals. The defendants will also be seeking a stay of the ruling pending appeal."



Now that what they want to do has been ruled unconstitutional, the fight has changed boys. These are the men trying to strip you of your newly refound right. These are the people that need to hear from us. These are the people that need open holster rallies in their home towns and front yards. Gansler and Faders names need to be cursed in public. They need to feel like the tyrants they are, instead of the intelligista the think they are.

Whine. squeal. bitch. curse. spit. Thats the language they speak.

 

[esqappellate]

Can we get a refresher on the significance of this being a MEMORANDUM, not an OPINION.

No significance at all. The memorandum is the judges opinion explaining his order which is separate from the memo as required by the FRCP.

 

[INMY01TA]

Woo hoo!!! Thank you SAF and MSI. I'm celebrating. Hey Omalley, eat it! I went out and bought that PF9 then was dissappointed when the Supreme Court denied cert to Williams, now I'm gonna get that Crossbreed Minituck for it.

 

[MightyWarMonger]

WOW any one wanting to put there app in now better hurry or find other means of getting fingerprints

http://www.mdsp.org/Portals/0/Users/055/55/55/2012 Licensing Division Fingerprint Rules.A.pdf