Victory in Maryland! - Page 5

Victory in Maryland!

This is a discussion on Victory in Maryland! within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Maryland Shooters Maryland Shall Issue - The Citizens Defense League of Maryland...

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Thread: Victory in Maryland!

  1. #61
    Senior Member Array swinokur's Avatar
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  2. #62
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    Quote Originally Posted by MaineGlock View Post
    Since MD's "Good Cause" requirement has been ruled unconstitutional does that mean we can all apply for their permit? Some places I have read that, that was one of the only questions making MD's permit a May Issue. Here is a bit of reading, just wonder what all think of this.
    Yes, you can apply. But be warned the state has filed for a Stay, and will no doubt file for an appeal. Check out the links in this thread to Maryland Shooters. We (Maryland residents) are having mixed feelings on whether to apply now or wait till all the dust settles.

    One thing I think Maryland will try in their appeal is saying that they are currently approving over 90% of applications. Sadly that is true, because 99% of residents know they don't stand a chance under the current laws of getting a permit, and are not willing to give over $100 to the state treasury as a gift.

    Me? When things settle out and a few "normal" people get CC permits, I'll apply, Till then I'll carry in places my UT and FL permits allow!
    Rick

    EOD - Initial success or total failure

  3. #63
    Senior Member Array swinokur's Avatar
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    Go over to Maryland Shooters and see how many guys are applying, me included. It's literally hundreds of people. If nothing else, MSP won't be able to boast that 99% of applications are approved. Worth it to me.


    Maryland Shall Issue - The Citizens Defense League of Maryland is another site to check out for info.
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  4. #64
    Distinguished Member Array tangoseal's Avatar
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    It might be conincidence but I am starting to see a pattern of states taking their soverignty back from the feds. I am thinking another 5 years if our union survives that long we might be getting select fire back.
    "I believe that the right of the citizen to keep and bear arms must not be infringed if liberty in America is to survive." - Ronald Reagan

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    There is talk that Illinois might allow CCW. The bill is being brought back up supposedly. It would be nice if we could point to Maryland as another shall issue state. Best of luck.

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    Quote Originally Posted by swinokur View Post
    Go over to Maryland Shooters and see how many guys are applying, me included. It's literally hundreds of people. If nothing else, MSP won't be able to boast that 99% of applications are approved. Worth it to me.

    I never thought of it this way, guess now I'll have to lay out the cash and go for it.

  7. #67
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    Quote Originally Posted by roninmd View Post
    I never thought of it this way, guess now I'll have to lay out the cash and go for it.
    You are a member of Maryland shooters, right? If not I'd suggest you join, there is a lot of good information there for Maryland Residents.
    Rick

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  8. #68
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    Is it significant that SCOTUS denied cert in Williams v. MD?

    The situation in MD has exactly nothing to do with the feds. In the mid 60s i was stationed in southern MD: Police in southern MD cared less that law abiding folks carried guns. Beginning with governor Marvin Mandel; the anti-gun blissninnies began to dominate MD politics.

  9. #69
    Senior Member Array swinokur's Avatar
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    Williams was not a clean case for SCOTUS cert. He was criminally charged in MD. They want a cleaner case IMO. I also don't thimk Wollard will be overturned at the 4 CA.

    MD is now in a fight it cannot win IMO.

  10. #70
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    Yes they can -- IMHO

    Quote Originally Posted by swinokur View Post

    MD is now in a fight it cannot win IMO.
    Folk said that about Virginia.

    You could well be right about this particular case / skirmish ("a minor fight in war usually incidental to larger movements" -- Merriam-Webster).

    However IMHO they can win the overall battle ( " an extended contest, struggle, or controversy" -- Merriam-Webster).

    They need to hang tight.

    We out-of-State-ers need to support them.
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  11. #71
    Senior Member Array swinokur's Avatar
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    This is no skirmish. This is a HUGE win. If the District Court denies a stay, MD legally will have to start issuing permits. We should have that answer in short order. Judge Legg does not dilly dally.

    If MD gets no stay at the District level, it's doubtful the 4th CA would grant one either. We are closer than we have ever been to shall issue.

    On knees praying...


  12. #72
    Senior Member Array swinokur's Avatar
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    Quote Originally Posted by DaveH View Post
    Folk said that about Virginia.
    I meant MD state government, not the state as a whole.

  13. #73
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    Quote Originally Posted by swinokur View Post
    This is no skirmish. This is a HUGE win.
    I wasn't belittling the win.

    Absolutely, a big win if it stands.

    However, as we know here in Virginia, getting "Shall Issue" enacted into law is just the beginning. We fight skirmishes in our extended struggle or controversy all the time -- with federal installations, in the State legislature, with local jurisdictions of all types, etc. There are always a few going on. Last year I won five local skirmishes myself. Others are even more active.

    ----------

    Quote Originally Posted by swinokur View Post
    I meant MD state government, not the state as a whole.
    DITTO here. However, IMHO, local jurisdictions are a big problem -- rather like Whac-A-Mole. The moles (invalid postings) pop up from their holes at random and often come back. Hence, the reason we got court cost and other legal cost added to preemption.

    § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

    SNIP

    C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.
    ----------

    As to your win standing, see:

    Gun ruling: likely to withstand appeal - baltimoresun.com

    Lawyers say gun ruling likely to withstand appeal
    Federal judge struck down Maryland carry-permit law

    By Tricia Bishop, The Baltimore Sun 10:12 p.m. EST, March 6, 2012

    Constitutional lawyers said Tuesday that a recent federal court decision overturning a portion of Maryland's gun-control law will likely be upheld on appeal and called the ruling groundbreaking given the liberalism of the state from which it came.

    SNIP

    "The reason there are very few rulings like this is because there are very few states like Maryland ... that would ever impose a rule like" the "good and substantial reason," said Michael I. Krauss, a professor at the George Mason University School of Law in Arlington, Va.

    SNIP

    Graber found at least one flaw in the ruling that could provide grounds for appeal, but he doesn't expect the decision to be overturned. The 4th Circuit Court of Appeals said in a 2010 ruling that the Second Amendment likely extends outside the home, he said, and the U.S. Supreme Court may not be ready to take on the issue.

    "The [high] court doesn't usually take the first case that comes along," Graber said. "The court likes to see a number of these cases bubble up ... to get a sense of the full range."

    SNIP
    ----------

    "It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt." -- John Philpot Curran in a speech upon the Right of Election in 1790
    Last edited by DaveH; March 21st, 2012 at 11:10 PM.
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    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  14. #74
    Distinguished Member Array Elk Hunter's Avatar
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    Great news

  15. #75
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    Thumbs up From the WasPo no less.

    The Brady's are probably crying in their beer.

    Fatal D.C. stabbing makes a case for handguns - The Washington Post

    Fatal D.C. stabbing makes a case for handguns
    By Courtland Milloy, Published: March 6

    Robert Leroy Wright, 37, was walking his dog Sunday morning in Southeast Washington when police say he was confronted by a knife-wielding neighbor about “allowing the dog near his yard.” A dispute ensued, and the neighbor, Ellsworth Colbert, 56, stabbed Wright to death, according to D.C. police.

    Whether or not this story proves to be as insane as it sounds, the incident as reported does provide a textbook case for legalizing handguns in the District, as well as buttress a ruling Monday by a federal judge that declared significant parts of Maryland’s gun-control law unconstitutional.

    SNIP


    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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