Maryland Must Issue?????

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  1. #1
    VIP Member
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    Thumbs up Maryland Must Issue?????

    Could you now where have frozen over?

    Temporary Stay Lifted - Maryland Shall Issue® | Maryland Shall Issue®

    Home » Maryland News » Temporary Stay Lifted

    Jul 24, 2012

    Maryland Shall Issue® is pleased to announce the temporary stay issued in the Woollard case has been lifted, effective 14 days from today.

    What this means:

    • On August 7th, MSP will begin to process carry permit applications without regard to the "good and substantial reason" clause that was ruled unconstitutional back in March. Please bear in mind that the state of Maryland may ask the Fourth Circuit Court of Appeals (CA4) for an emergency stay of the Woollard ruling. If they ask for a stay and it is granted, MSP may decide to "sit" on applications until the appeal is decided.
    • The appeal of the Woollard decision itself remains before CA4. They may side with the state and overturn the lower court's ruling, or they may uphold the decision. While the order lifting the stay is unquestionably good news, appeal itself is far more important.
    • We anticipate that MSP will receive another flood of carry permit applications. While the law requires that MSP process permit applications within 90 days, the sheer volume of paperwork involved will make that deadline very difficult if not impossible to meet. The court system is inclined to give an entity like MSP some leeway if they are processing applications in good faith. MSI will be monitoring any delays to ensure that it is good faith delays.
    • Remember that while the appeals process plays out, it is possible that permits could be denied or revoked if CA4 or the Supreme Court rules in the state's favor. To that end, we encourage you to avoid spending money that you cannot afford to lose in the process of applying for a carry permit.
    • Expect that Anti-2A forces in the Maryland General Assembly will press hard to find new ways to deny your rights.
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    VIP Member Array peckman28's Avatar
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    Oh my oh my. I like the way this is playing out so far...

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    VIP Member Array Brass63's Avatar
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    If the 'must-issue' law stands in Maryland... NJ, HI, IL, CA, NY could fall like dominos.
    One way or another, it's going to stir things up.
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    If this plays out it I'll be willingly be paying my money, and giving the SIG 239 an extra good cleaning! Sadly daily carry is still out of the question since I work at a federal facility.
    Rick

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    Any step in the right direction is good!
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    Thumbs down Never mind

    » 4th Circuit reinstates law on concealed-carry permits

    4th Circuit reinstates law on concealed-carry permits

    Posted: 3:22 pm Wed, August 1, 2012

    By Ben Mook -- Daily Record Legal Affairs Writer

    The 4th U.S. Circuit Court of Appeals on Wednesday issued a stay that will keep Maryland’s current concealed-carry gun permit process in place while the state attorney general appeals a ruling that the existing statute is unconstitutional.

    The 4th Circuit issued the stay after the Attorney General Douglas F. Gansler asked for it late Friday. The court is expected to hear the case in late October.

    SNIP

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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

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    VIP Member Array Badey's Avatar
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    I was kind of expecting this to happen. I hope we win the appeal
    "My problem with life is not that it is rational nor that it is irrational, but that it is almost rational." - G.K. Chesterton

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    Yeah I can't say I'm shocked, but this does suck it big time. I hope every attempt they make to appeal gets shot down.

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    Not really a surprise to most of us in Maryland. Just hope the 4th Court sees things our way...
    Rick

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    Hopefully everyone not planning on being attacked is not attacked until after they make a decision on this thing.
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  12. #11
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    4th Circuit Court of Appeals -- Maryland's "May-Issue"

    [Re-posted from a VA-ALERT with prior approval of VCDL]

    [First person singular pronouns (I, my, mine, etc) and “PVC” reference Philip Van Cleave, President VCDL]

    Today I attended the 4th Circuit Court of Appeals proceedings on the legality of Maryland's "May-Issue" CHP law.

    Bottom line: I'm damned glad I don't have to put up with Maryland's Mickey-Mouse anti-liberty government.

    Attorney Alan Gura presented his argument to a three-judge panel that the Maryland CHP law violates the 2nd Amendment because there is no way for a citizen to legally carry a handgun for self-defense outside a home or business without having to prove some kind of need (good and sufficient reason).

    The Maryland lawyer spouted all the old, worn out gun-control mantras, as to why the state needs to tightly control carry of evil handguns. He said that "public safety" was more important than any individual right conferred by the Second Amendment. I flashed back to the 1980s as he was speaking.

    Maryland claimed that D.C. v Heller said that the Second Amendment only applies to a person having a gun in their RESIDENCE, thus their CHP law was legal since it only controlled carry OUTSIDE the home. That, of course, was pure baloney. The Heller and McDonald rulings never said that the Second Amendment does not apply outside a residence. The Supreme Court wasn't asked to answer the question about outside the home carry and, therefore, didn't.

    Judge Davis brought up an idea: what if open carry was allowed without a permit? (In Maryland you can't open or conceal carry a handgun without a permit.) Basically, this would be closer to Virginia, but with a "may-issue" concealed carry permit.

    The Maryland lawyer then brought up that shotguns and rifles could be carried outside the home, just not handguns. (I suggest that Maryland Shall Issue might want to have a "shotgun picnic," where the attendees all have shotguns slung on their backs. They should invite the press and say, "This is silly, but based on Maryland law this is the only legal option for regular citizens to carry a gun for self-defense. Carrying a handgun discreetly is what we want to be able to do, just like other gun owners do in the rest of the country. Maryland makes that either impossible or impractical, ignoring the Second Amendment.")

    One judge asked about only allowing revolvers to be carried and not semi-automatic pistols, since semi-automatic handguns didn't exist when the Second Amendment was written. Since the judge wasn't writing with a quill pen and didn't come to work on a horse, he's obviously a hypocrite.

    Another judge tried to imply that the Court didn't have authority over this case, but I think Alan quashed that idea. We'll see.

    How will the panel vote? No way of knowing. We should have some kind of opinion in a few months.
    VA-ALERT is a project of the Virginia Citizens Defense League, Inc. (VCDL).

    VCDL is an all-volunteer, non-partisan grassroots organization dedicated to defending the human rights of all Virginians. The Right to Keep and Bear Arms is a fundamental human right.

    VCDL web page: http://www.vcdl.org [http://www.vcdl.org/]
    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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    Member Array hdatontodo's Avatar
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    Also see here

    CA4 Issues Stay, Expedites Appeal - Maryland Shooters

    post 1614 has another summary of the hearing on 24 Oct

  14. #13
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    "One judge asked about only allowing revolvers to be carried and not semi-automatic pistols, since semi-automatic handguns didn't exist when the Second Amendment was written."

    Excuse me, your honor, but revolvers didn't exist then either. I question your fitness to be install on this court for this case.
    dukalmighty and oneshot like this.
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    Quote Originally Posted by OldVet View Post
    "One judge asked about only allowing revolvers to be carried and not semi-automatic pistols, since semi-automatic handguns didn't exist when the Second Amendment was written."

    Excuse me, your honor, but revolvers didn't exist then either. I question your fitness to be install on this court for this case.
    And these guys went to law school so they would know the law and apply it as it is written.
    Some of their questions and comments are the most asinine I have ever heard,Did somebody elect these idiots,or were they appointed? I'm pretty sure there are Patriots from the revolution in the afterlife shaking their heads and claiming "I thought we covered everything,how could they screw it up this bad"
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    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by OldVet View Post
    "One judge asked about only allowing revolvers to be carried and not semi-automatic pistols, since semi-automatic handguns didn't exist when the Second Amendment was written."

    Excuse me, your honor, but revolvers didn't exist then either. I question your fitness to be install on this court for this case.
    Well using that line of reasoning is like saying the first amendment only applies to newspapers and not the internet since after all the internet wasn't around back then either.

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