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

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    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    This is where I must EAT all of my words where I thought the stay would stay in place all the way through the 4th. What is the likelihood the 4th will or will not grant a stay?

    I won't give odds. Invalidation of the MD statute is still a BFD. But the state now has an uphill climb to show that Judge Legg abused his discretion in refusing to issue a permanent stay pending appeal. For everyone who moaned and groaned about the temporary stay, that fact that Judge Legg did it that way is really quite a plus now.
     

    Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,561
    White Marsh
    I won't give odds. Invalidation of the MD statute is still a BFD. But the state now has an uphill climb to show that Judge Legg abused his discretion in refusing to issue a permanent stay pending appeal. For everyone who moaned and groaned about the temporary stay, that fact that Judge Legg did it that way is really quite a plus now.

    Behold, the virtues of patience!
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,324
    Indeed. The battle may now shift to the special session coming up for gambling expansion. We know the Annapolis political leadership might try to moot this whole case.

    Esqappellate's cautionary words are well said. We may need everyone on the ramparts for a battle royal in the General Assembly. This "war" is far from over and we have a skilled and determined adversary.

    They might try to moot the case, but the only way I see for them to do it is to go shall-issue. Which I think would be the smartest move - go shall-issue, then raise the fees to about $100/year. High enough to generate revenue, low enough not to trigger a legal challenge.

    On the other hand, the MD legislature is not noted for intelligence.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Behold, the virtues of patience!

    Agreed. And note this line from page 6 of the opinion:

    "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."
     

    Mr H

    Unincited Co-Conservative
    Agreed. And note this line from page 6 of the opinion:

    "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."

    He likes us! He really likes us!!!:D
     

    Merlin

    Ultimate Member
    Dec 31, 2009
    3,953
    Carroll County, Maryland
    They might try to moot the case, but the only way I see for them to do it is to go shall-issue. Which I think would be the smartest move - go shall-issue, then raise the fees to about $100/year. High enough to generate revenue, low enough not to trigger a legal challenge.

    On the other hand, the MD legislature is not noted for intelligence.

    Remember your in Maryland. When it comes to fees and taxes they are not shy.
     
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