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

[dlmcbm]

Merlin this talk about the review board was if MSP denied everyone dated the day before the stay was lifted. If that were the case everyone would take it to the review board because at that time they could not use GSR and our permits would have to be issued. The review board would not have any choice but to overturn the MSP.

 

[Biggfoot44]

The Govenor appoints the review board , and other than the usual political loyalty/ rewards , the only criteria is adherence to the Gov's philosphy on guns and carry of same.

The Supt of MSP serves at the pleasure of the Govonor. There are other important skills involved ( administering large agency , public relations, even enforcing the law and maintaining order in his free time from heading a reglatory agency ) , but carrying out the Govonor's wishes on guns is a mojor litmus test.

Individual members of MSP to a degree filter their views thru their own beliefs and life experiences. With the well known roles and views of MSP there is likely to be a degree of mutul self-selection and -deselection between MSP and potential recruits. Traditionly Old School coppers would often evolve to favoring self defense after seeing the realities on the streets . MSP in most of the state ( and majority of Troopers) does specialized work rather than general LE. Heavy emphasis, praise , and advancement is applied to Interdicting the twin scrouges ( and equally immoral ) of *Drugs and Guns* .

As to the firearms unit specifically certainly some Ofc persue it simply for a cushy M-F Day Shift berth, and go with the path of least resistance of following the Supt's guidence. Gun enthuisist or 2A supporting Ofc would wish to avoid it. True Believer Anti's would would be attracted. So we end up with regulators that at best are paternalistic , with a spattering of hardcore antis.

 

[Merlin]

Merlin this talk about the review board was if MSP denied everyone dated the day before the stay was lifted. If that were the case everyone would take it to the review board because at that time they could not use GSR and our permits would have to be issued. The review board would not have any choice but to overturn the MSP.

Don't be so sure. If the MSP were to do that, it would not happen without a good reason passed down from the AG. I'm sure the review board will also find the reasoning to be sound.

 

[Merlin]

Governor. The review board is appointed by, and operates at the behest of, the governor. MSP does not control them, and they are not MSP employees or appointees. Under the law, the review board is designed to be wholly separate from the MSP.

I agree with your sentiment (not unique to you, Merlin), but I keep picking nits because I think they will soon matter. We need to stop pointing at MSP (until they give us reason), and start pointing at the governor and the legislature.

Again - if things go the way we want in the short term - we will need to all understand whose feet are in the boots stepping on our rights. Might as well start the focus now, because you can bet they are lacing up as we type...

I also would like to add I blame all of these practices and polices on our current governor and his assembled puppets. I never miss an opportunity to go to the voting booth and try to vote him out. Unfortunately we live in a state that doesn't necessarily loves MOM so much. But just blindly vote for anything that has a "D" next to their name.

 

[esqappellate]

The stay is lifted!! See attached

 

[MJD438]

The stay is lifted!! See attached

14 days until it goes into effects.

 

[m4strmind]

The stay is lifted!! See attached

Woot!

 

[OrangeAgent27]

One small step....!

 

[MJD438]

Reading it now - loved the smackdown on Test #1 (likelihood of success at appeal).

ETA - right after I wrote this, I just about spit water all over the keyboard as Legg smacks Test #2 in the first paragraph (State is attempting to relitigate the case in a stay motion).

Oooh - very nice:

While the Court is not unsympathetic to the very real and often costly considerations involved in revamping a regulatory scheme, administrative hardship does not rise to the level of irreparable harm.

 

[Bohlieve410]

Commence thread blowup in 3...2...1


How bout dem apples Owe Malley! Stamp your little feet and pout some more

 

[m4strmind]

"This case involves a challenge to the constitutionality of the State of Maryland‟s handgun permitting scheme."

I love the use of the word scheme. makes it sound as sinister as it "was"

 

[MJD438]

Damn, I am liking the solid logic in this. Here is another snippet from the Test #2 smackdown:

Defendants have given the Court no basis from which to infer that a significant number of those applicants who have waited patiently for the outcome of this litigation and complied with the permit application process in full would, upon revocation, suddenly decline to adhere to the law.

 

[dlmcbm]

Well holly hell!!! How long would it take for the CA4 to decide on a stay?

 

[faze]

The stay is lifted!! See attached

So what's that mean, I can get my CCW now?

 

[MJD438]

Damn - IANAL, but those arguments all sound well-researched and logical. Based on the free education on the process from esqappellate and others here, I really don't see how CA4 would overrule this in a motion for stay in front of them (which we know MD will try to obtain and has 14 days in which to get it completed before they MUST process our applications without G&S).

 

[esqappellate]

So what's that mean, I can get my CCW now?

It means that in 14 days Judge Legg's injunction against MD that bars use of the G&S provisions of subsection 5(ii) goes into effect. So, if you have an application pending, it must be considered without regard to 5(ii).

 

[faze]

It means that in 14 days Judge Legg's injunction against MD that bars use of the G&S provisions of subsection 5(ii) goes into effect. So, if you have an application pending, it must be considered without regard to 5(ii).

I haven't applied yet...

 

[esqappellate]

Damn - IANAL, but those arguments all sound well-researched and logical. Based on the free education on the process from esqappellate and others here, I really don't see how CA4 would overrule this in a motion for stay in front of them (which we know MD will try to obtain and has 14 days in which to get it completed before they MUST process our applications without G&S).

MD will try, so keep your power dry. And beware of the Kool Aid.

 

[esqappellate]

I haven't applied yet...

If you want a permit, you can't get one without applying....... Now might be a good time. See sticky thread in this forum.

 

[Klunatic]

That brings up the question about those of us who have submitted applications back in March. How does the 90 day process period work? Will we be approved and then have the investigation completed? I sent my app in March 9th and have had zero contact since.