krucam
Ultimate Member
I'm really fighting the urge to buy a carry gun.
(Yes, I know this won't be settled until years down the road.)
+1...been spending a lot of time looking them over lately. Hmmm, Walther PPS or Kahr PM9...
I'm really fighting the urge to buy a carry gun.
(Yes, I know this won't be settled until years down the road.)
Don't be so so sure. The fact that Gura said this could go to the supreme court means he is willing to take it there....MD will be out millions in fees for the plaintiffs. Money is tight and the state is not in great shape. I wouldn't be surprised to see political pressure to resolve this early. Just one way it could play out.
So basically the state could sy "ok, we will go shall issue but we are still going to keep the rest of our present policies in place." Which would mean thay could still issue restricted permits until it was challenged.
Like I have said before, I hope we are headed the right direction and it all happens while I can still walk upright.
TD
What restrictions would pass muster given a complete win for the SAF?
That is the question MD must ask. The answer is, "damn few". They can restrict within limited "sensitive places" (schools, courthouses, etc.). They can restrict who they give them to based only on non-subjective, "dangerous individuals" (felons, for the most part).
Restrictions based on time of day, reason for carrying (holding cash, etc.)...gone.
You would be allowed carry for defensive purposes at the time of your choosing in public, non-sensitive places. We can argue over sensitive places another time.
If I recall correctly...MD doesn't really have much of a "sensitive place" list?
Schools....demonstrations....under the influence of drugs/alcohol....anything else?
Not counting federal restrictions....
We can only hope.You would be allowed carry for defensive purposes at the time of your choosing in public, non-sensitive places.
You are correct.If I recall correctly...MD doesn't really have much of a "sensitive place" list?
Schools....demonstrations....under the influence of drugs/alcohol....anything else?
Not counting federal restrictions....
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs request that judgment be entered in their favor and against Defendants as follows:
1. An order permanently enjoining defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, from enforcing Maryland Public Safety Code § 5-306(a)(5)(ii);
2. An order permanently enjoining defendants, their officers, agents, servants,
employees, and all persons in active concert or participation with them who receive actual notice of the injunction, from denying a permit to carry firearms on grounds that the applicant does not face a level of danger higher than that which an average person would reasonably expect to encounter.
An order commanding Defendants to renew Plaintiff Woollard’s permit to carry a handgun;
4. Costs of suit, including attorney fees and costs pursuant to 42 U.S.C. § 1988;
5. Declaratory relief consistent with the injunction; and
6. Any other further relief as the Court deems just and appropriate.
Case 1:10-cv-02068-JFM Document 1 Filed 07/29/10 Page 7 of 8
§ 5-306.
(a) Subject to subsection (b) of this section, the Secretary shall issue a permit within a reasonable time to a
person who the Secretary finds:
(1) is an adult;
(2) (i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or
(ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. § 925(c);
(3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;
(4) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction; and
(5) based on an investigation:
(i) has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and
(ii) has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.
To quote again,
Other issues: Shall Issue will increase the investigative costs of the MSP in excess of new revenue from all of us. It will operate at a net structural deficit (according to previous analysis from the Comptroller). Seriously, lots of people here seem to operate under the impression that MD will make money off of us. Not if they perform live investigations. That means they might try to raise the fees. There is already quite a bit of talk in some circles about whether this is disadvantageous to the poor. Chicago is getting sued right now for their fees, and DC is next up. The arguments are that if a fee is high enough to discourage exercise of the right, it is too high.
If VA can do it for $100.00 then why can't MD? And I am sure that VA is making a few bucks off of us.
It has been a few years for me but what is the cost of the background check for purchasing a regulated firearm? The permit (Man I hate that term) should
not cost but maybe $10,00 more than that.
If as an employer I wanted to have a B/R check done on an employee, what would the FBI charge me for such a search?
NOBODY
So...assuming bearing requires strict scrutiny...
I have no quibble with the rest of your post. I think it was a very good summary of the issues at hand - in the general fight of 2A issues.
I'm not as confident that we have reached the point where 2A issues will be subjected to strict scrutiny. In Heller, the court ruled out rational basis scrutiny, but stopped there.
It seems to me the court left that open. Perhaps McDonald and Heller did not provide the opportunity to refine the majority thinking.
I'd be curious to read your opinion on this issue.
I haven't signed on often for the past few months due to recent poorness...I've sifted through the 28 PAGES!! here and would like to know, did I miss something!?!? MD is becoming sensible on CCW??!! Can somebody give me a nutshell lowdown of what is going on with this case as of today?? I have some new room on the the ol' Discover card, may have to bust it out!!
haha, well I am aware of what and why the case was brought about, I am curious to know what is currently going on with it? Any decisions?? but thanks for being so filthy with it.