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

[Patrick]

Do you think H.R. 822 passing would have any impact on the decision? Maybe put a little pressure on since people from other state would then be able to carry here?

The Congressional "Findings" in H.R. 822 could help. Federal judges do pay attention to federal legislative intent when it comes to evaluating a local/state regulation. In much the same way some courts have noticed that DC/Chicago had regulation that was egregiously out of the norm, a "Congressional Finding" - while not bearing the weight of jurisprudence - can be instructive.

The Supreme Court even noted the national landscape of 2A laws (including federal protections) in both Heller and McDonald and used those as supplemental influences. Again, not the chief influence, but one that proved useful all the same.

H.R. 822 is designed to help in lots of ways. It would pass before this case even gets to the judge. So it would be well timed.

 

[pcfixer]

MSJ filed on Feb 18, 2011

 

[Right2Carry]

Crossing my fingers!!

 

[haoleboy]

So we are waiting for a response from Gansler on 03/07/11 right?

 

[krucam]

So we are waiting for a response from Gansler on 03/07/11 right?

Consent motion for extension was asked for and granted. Back 1 page, Post 1944.....

I'll save you the grief....3/22.

b. The defendants’ opposition to the plaintiffs’ motion for summary
judgment and cross-motion for summary judgment- to be filed on or
before March 22, 2011

 

[rambling_one]

For those who find this getting tiresome...Illegitimi non carborundum!

 

[Inigoes]

Illegitimi non carborundum!

Think of it more as "Good things come to those who wait"

 

[Mr H]

Think of it more as "Good things come to those who wait"

Here's hoping the 100th page has some good news.

 

[haoleboy]

Consent motion for extension was asked for and granted. Back 1 page, Post 1944.....

I'll save you the grief....3/22.

Wow, so much for the right to a speedy trial. Seems to me the judges are in the Gov's pocket also.

 

[csanc123]

I hear you...but it doesn't apply to this case. 6th amendment deals with criminal prosecutions....the right to a speedy trial is typically reserved for criminal cases where one is in jail awaiting trial....

Wow, so much for the right to a speedy trial. Seems to me the judges are in the Gov's pocket also.

 

[yellowfin]

Think of it more as "Good things come to those who wait"

If they don't die or go broke first. This is Jim Crow kangaroo court tactics, stalling as much as possible to wear us out and give the legislature time to pass more anti gun bills in the meanwhile to make there be fewer gun owners left to enjoy the benefits once the case finally moves. We're dealing with people who hate us being who we are, much worse than racism.

 

[DeadeyeJack]

2A infringement IS racism. Its to keep "those people" (us) from getting uppity.

 

[BenL]

This is worse than waiting for form 4 approval.

 

[ffemtreed]

Tick Tock Tick Tock

 

[Bohlieve410]

Anxiously awaiting the results

Sad that the politically connected, doctors and the wealthy's lives are worth more than us normal folks. Born, raised and will die in Maryland no matter what, but am hoping for good change....

Thanks to all for the updates!!!!

And Vallario is a bad, bad person.... he was a family friend long, long ago but backstabbed us.

 

[Atlasarmory]

http://www.youtube.com/watch?v=y0Y7ScfaVHs

 

[drwalther]

Sad that the politically connected, doctors and the wealthy's lives are worth more than us normal folks.

I hear and understand your frustration. I am one who you would lump into the above description. However, I am VERY much just one of the "normal folks," with the history and life experience to prove it, and I have been "disapproved" multiple times for the practice of my 2A rights in this state. I'm still waiting after, I don't know, like 5 months now, for the good Cpl. M. Cusimano to grant me my "not disapproved" MD Designated Collector's Status.

Many of "them" are actually "us."

 

[Bohlieve410]

I hear and understand your frustration. I am one who you would lump into the above description. However, I am VERY much just one of the "normal folks," with the history and life experience to prove it, and I have been "disapproved" multiple times for the practice of my 2A rights in this state. I'm still waiting after, I don't know, like 5 months now, for the good Cpl. M. Cusimano to grant me my "not disapproved" MD Designated Collector's Status.

Many of "them" are actually "us."

Second look at what I posted looks very broad and in essence disrespectful. I apologize. I didn't mean to distinguish that those folks aren't "normal" people, but in terms of being granted a permit in Maryland. Will think twice before I over generalize again, sorry.

On a lighter note, Collector's status sounds pretty sweet. I'd imagine you'd need a whole lot of storage space for all the cool guns made over the years! Best of luck with your application, and post some cool pics when you get some goodies!

 

[EarthLover]

Tiresome... that's funny. This is the very legal system we all live by. And States, included, have equally the same party rights any other litigant would have. Apparently you haven't had much contact with the legal system. These are not delay tactics, sometimes, parties need more time to respond, that is why extensions exists. Moreover, our legal system must fairly provide due process to all its litigants, MD, no exception..

That said...MD has already proposed legislation to remove the "justification" aspect of issuance and make MD shall issue. Even if this does happen, remember that Heller/McDonald do NOT open the road back to the days of the wild west.
2A will be highly regulated in congested or densely populated areas regardless because too many lib-cowards put WAY too much faith in the police to safely protect "individual" rights. For those anti-gun fools, who think the cops are there to protect you, individually (as opposed to the community), keep waiting for them when the perp breaks into your house and begins marauding through your home. When you are dead, that's when they show up. That is why, IN THE HOME, heller/mcdonald applies absolutely. Because the SCOTUS knows that cops are NOT there to protect your individual rights 24/7. However, in public, what Gura may not realize here in MD is that the next case following the progression of Heller/McDonald will likely be the first one setting the limits for the 2A right. I just hope he thought that through before coming here and crusading. I would not want to see MD become the test case for what "reasonable" restrictions are....

For those who find this getting tiresome...Illegitimi non carborundum!

 

[rambling_one]

For those who find this getting tiresome...Illegitimi non carborundum!

Tiresome... that's funny.

How so? You don't think the State's delay tactics stretch credulity at this point? The main issue hasn't been addressed since last fall. Soon, Gansler will either have to sh*t or get off the pot.

This is the very legal system we all live by. And States, included, have equally the same party rights any other litigant would have. Apparently you haven't had much contact with the legal system.

Other than some law courses...no contact.

These are not delay tactics, sometimes, parties need more time to respond, that is why extensions exists. Moreover, our legal system must fairly provide due process to all its litigants, MD, no exception...

Your unsolicited tutelage is pretty much what those courses covered.

That said...MD has already proposed legislation to remove the "justification" aspect of issuance and make MD shall issue.

Yes, as either/both judiciary committees have done for some years now. And, PGC Delegate Tiffany Alston has offered to work with the MSP to define the "good and substantial" clause. Many on this forum would rather see the Woollard case succeed than put our fate in the General Assembly's hands.

Even if this does happen, remember that Heller/McDonald do NOT open the road back to the days of the wild west.

Oh, G-d, the "wild west" boogie man again! Only the anti's think such a thing existed, or cry the alarm that it's going to be part of today's world, EL.

2A will be highly regulated in congested or densely populated areas regardless because too many lib-cowards put WAY too much faith in the police to safely protect "individual" rights. For those anti-gun fools, who think the cops are there to protect you, individually (as opposed to the community), keep waiting for them when the perp breaks into your house and begins marauding through your home. When you are dead, that's when they show up. That is why, IN THE HOME, heller/mcdonald applies absolutely. Because the SCOTUS knows that cops are NOT there to protect your individual rights 24/7.

I agree, assuming the "you" in it refers to the collective "you" and not me.

However, in public, what Gura may not realize here in MD is that the next case following the progression of Heller/McDonald will likely be the first one setting the limits for the 2A right. I just hope he thought that through before coming here and crusading. I would not want to see MD become the test case for what "reasonable" restrictions are....

From my perspective, Mr. Gura has thought out his agenda with amazing skill. It's equally obvious that he's had a lot of contact with the legal system.