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

[dlmcbm]

So, random question. Does anyone know if Mr. Wollard has actually received his permit yet? I would think that if the state doesn't process that re-application in a timely fashion, there could be Hell to pay....

I would say NO. this has been going on for a long time and no one knows what he may or may-not have done. So at best he is now able to re-apply so that they can start the background checks and all again. So he is in the same boat as the rest of us.

 

[esqappellate]

If that's the case, it's a HUGE ruling. Though I don't think many read it as that. The judge did not strike the whole permitting process.

The ruling struck down section 5(ii) -- the rest of the permitting system stands unaffected by the ruling.

 

[fightinbluhen51]

The ruling struck down section 5(ii) -- the rest of the permitting system stands unaffected by the ruling.

Correct.

Thanks for being clear and concise as an attorney can be.

 

[Gray Peterson]

I should have a text fillable application pdf for you folks in the next 24 hours. I was working until 1AM last night putting it in. it's slow going but it should be done soon.

 

[swinokur]

Thanks to Partrick and Krucam as well.

 

[fightinbluhen51]

Thanks Gray! That'll make this a hell of a lot easier! Not sure why the State doesn't do that from the get go.

 

[Biggfoot44]

Refering back to #5715 .

I left off my origonal post with only a subtle hint of the desired/ semi likly result.

To prevent either application gridlock , or having the entire investagative staff of MSP do nothing but investigate permit applications , Md should bring their process closer to the typical of the other 41 states , rather than emulating a Top Secret/ Code Word background investigation.

 

[esqappellate]

How quickly will the 4th decide the appeal? Chances of getting cert this year if the 4th overturns Legg?

maybe a year for a 4th Circuit decision from the time an appeal is actually docketed. That just an educated guess. The 4th is pretty fast but a year is still the bare minimum. The parties have to file briefs, an oral argument has to be scheduled and the court has to decide the case and write an opinion.

Odds on Supreme Court review depend on where the law is at the time of the 4th Circuit's decision. If there is a circuit split squarely presented, the odds are pretty good, say 50%. If not, then the court will likely not grant cert. and let the issue percolate in the circuits some more. The facts of Woollard are very good if we have a circuit split. The case is a good vehicle for SCT review, much like Heller. We shall see.

 

[fightinbluhen51]

maybe a year for a 4th Circuit decision from the time an appeal is actually docketed. That just an educated guess. The 4th is pretty fast but a year is still the bare minimum. The parties have to file briefs, an oral argument has to be scheduled and the court has to decide the case and write an opinion.

Odds on Supreme Court review depend on where the law is at the time of the 4th Circuit's decision. If there is a circuit split squarely presented, the odds are pretty good, say 50%. If not, then the court will likely not grant cert. and let the issue percolate in the circuits some more. The facts of Woollard are very good if we have a circuit split. The case is a good vehicle for SCT review, much like Heller. We shall see.

So, if this goes all the way to SCOTUS we are looking at another 2 years of this process dragging out?

Yeesh. I guess we shall hope that the 4th Circuit does not stay the opinion.

 

[Boondock Saint]

So, if this goes all the way to SCOTUS we are looking at another 2 years of this process dragging out?

Yeesh. I guess we shall hope that the 4th Circuit does not stay the opinion.

Or Judge Legg, for that matter. Remember that the motion to stay first goes to him. If he denies the motion, the state can take it to CA4.

 

[Inigoes]

So, if this goes all the way to SCOTUS we are looking at another 2 years of this process dragging out?

Yeesh. I guess we shall hope that the 4th Circuit does not stay the opinion.

A stay should not be offered, because no laws have changed.

Judge Legg stated the Second Amendment is an acceptable good and substantial reason.

 

[shawn]

I should have a text fillable application pdf for you folks in the next 24 hours. I was working until 1AM last night putting it in. it's slow going but it should be done soon.

That is well............AWESOME.

I hate filling out paper applications.

Fillable PDF is the best way to go.

 

[dblas]

I have seen mentioned time and again that we do not want a legislative remedy to this now that Judge Legg has ruled, because a legislative remedy can be reversed at a later date. My question is, what is the difference of G&S now, compared to G&S later (after the case is made moot), a ruling is a ruling at the District Court against the State of MD and they can legislate it away today all they want, but if they legislate it back in (say 5 years), the ruling hasn't changed in 5 years and the ruling would still hold against any G&S legislation in the future? Yes?

 

[556ready]

When do they think we will hear about the "Stay"

 

[Smagel]

Thanks Gray! That'll make this a hell of a lot easier! Not sure why the State doesn't do that from the get go.

Hehe. Just think about that for a couple of seconds.

 

[mayor_quimby]

Seems like the news always goes to Andy for his take...

http://www.gazette.net/article/20120307/NEWS/703079571&template=gazette

 

[HarCo2ANewb]

Looks like the state said that Gura and Co agreed to file their side by the 16th so we probably won't hear anything till at least then.

 

[Bigdtc]

So, random question. Does anyone know if Mr. Wollard has actually received his permit yet? I would think that if the state doesn't process that re-application in a timely fashion, there could be Hell to pay....

According to the "Stay" the state wants to determine if Woollard is
still eligible for his 2A rights.

He already has it.. Remember, his was a renewal and he still had to jump through hoops while the case was happening to get it renewed.. He has a great lawyer though..

 

[hvymax]

I had jumped on the "The right is reason enough" for the Constitutional Carry remark. Maybe MD will tick him off to that point.

 

[JMangle]

Today has been slow as hell at work, so I took the time to write the author of a BalSun article. I felt the article was bland and neutral, so I felt the desire to share some thoughts with the author.

Article:

http://www.baltimoresun.com/news/breaking/bs-md-stay-gun-ruling-20120308,0,4550765.story

My letter to the author:

<<

Mr. Fenton,

Thank you for choosing to report on the topic of the Woollard handgun case. It is my belief that the more people know about the issues that concern our safety, the most safe we will be as a society.

I do wish, however, that you had taken a more critical look at the claims made by those who oppose this ruling. How would allowing law abiding citizens to carry firearms for personal protection endanger us? In order to get one of these permits, one must undergo lengthy state and FBI background checks, a lengthy mental health background check, fingerprinting, reference checks, etc. The point is, the only people who can get a permit to legally carry a firearm are those who are statistically the least likely to ever harm anyone. The only change that this ruling made to the existing system was to make the State Police issue a permit to carry to an individual who passes these tests.

In conclusion, I would like to direct your attention to the states that surround us: Virginia, West Virginia, Pennsylvania, and Delaware -- all states that will issue a permit to carry a firearm to any individual who can pass their background checks. I personally am licensed to carry a firearm in all of those sates. Maryland's leaders would have you believe that by recognizing this right that these states have become more dangerous -- that is simply not the truth.

Thank you for your time, and thank you for your efforts and I sincerely hope you continue to pursue truth in this world.

Regards,


James H. Mangle

Nuclear Engineer and Law Abiding Firearm Owner.

>>

I tried to be as kind and friendly as possible. Those of you who know me understand I am far more blunt in person.

Thoughts? Suggestions for the future?

I figure for the time being the Woollard case is a chance to educate the masses as this is "braking news."