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

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    Merlin

    Ultimate Member
    Dec 31, 2009
    3,953
    Carroll County, Maryland
    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.


    Does the fact there are so many carry states to date make the over turning of these laws less of a BFD?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Does the fact there are so many carry states to date make the over turning of these laws less of a BFD?

    Perhaps. Certainly doesn't hurt. But you got to remember that MD is a sovereign and the federal courts like to tread lightly in overturning duly enacted state legislation. Legislation comes with the presumption of constitutionality. Overturning a state law is still a BFD no matter how you cut it.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,705
    SoMD / West PA
    Does the fact there are so many carry states to date make the over turning of these laws less of a BFD?

    It is a BFD, since Woollard was the first outside the home ruling.

    The antis tried to contain Heller and McDonald to inside the home, Pandora's box is now cracked open. When the CA4 rules, it will be blown open (thinking positively, of course).
     

    Merlin

    Ultimate Member
    Dec 31, 2009
    3,953
    Carroll County, Maryland
    It is a BFD, since Woollard was the first outside the home ruling.

    The antis tried to contain Heller and McDonald to inside the home, Pandora's box is now cracked open. When the CA4 rules, it will be blown open (thinking positively, of course).


    Your right about that. I bet whoever within the MSP could do it over again they wished they gave Mr. Woollard his ccw. Lucky for us they did not bringing us here today. BUT, you just know someone in the MSP wants a do over.
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    Per the app on the MDSP site, it's "more than two (2) years".

    Another law suit in the making, that is not backed by law

    Here is what I found with some basic research:
    • Statutes - IMO the applicable section would be Public Safety Code, Title 5, Subsection 3 which fails to specify anything about "references".
    • Regulations - IMO the applicable section would be Code of Maryland (COMAR) Title 29, Subtitle 03, Chapter 02, Sub-chapter 02 which fails to specify anything about "references". If they are referring to Title 29, Subtitle 03, Chapter 02, Sub-chapter 04, then references are indicated, but no reference is made to time required to know said reference.
     
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