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Status of Maryland challenge to CCW
#1
I'm wondering if there were any updates on Maryland's CCW lawsuit that was heading to appeal?
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#2
(09-10-2012, 10:20 PM)ExcelToExcel Wrote: I'm wondering if there were any updates on Maryland's CCW lawsuit that was heading to appeal?



MD is fighting tooth and nail, and Maryland Shall Issue is fighting back, tooth and nail.  I have a tough time keeping up with it.

There is a forum called Maryland Shooters (dot) com, this is a sub-forum called "Maryland 2A Issues"...

http://www.mdshooters.com/forumdisplay.php?f=9

Unfortunately I can't boil it down to a single thread or post that would bring a person up to speed quickly.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#3
(09-10-2012, 10:29 PM)Curmudgeon Wrote:
(09-10-2012, 10:20 PM)ExcelToExcel Wrote: I'm wondering if there were any updates on Maryland's CCW lawsuit that was heading to appeal?



MD is fighting tooth and nail, and Maryland Shall Issue is fighting back, tooth and nail.  I have a tough time keeping up with it.

There is a forum called Maryland Shooters (dot) com, this is a sub-forum called "Maryland 2A Issues"...

http://www.mdshooters.com/forumdisplay.php?f=9

Unfortunately I can't boil it down to a single thread or post that would bring a person up to speed quickly.


That's cuz the one thread with all the info has like 50,000 posts in it.  Tongue

Essentially, the strike down of the "good and substantial" (G&S) reason requirement was Stayed and it's currently be appealed to the 4th Circuit Court which is based in VA.  Oral arguments are scheduled for Oct 25-ish.

This thread is the most recent
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#4
Good site to keep tabs on it:

http://marylandshallissue.org/ 

Basically from what I've read it was shot down and then a stay executed and an expedited order sending it to federal court in VA. Oral arguments are set for the end of October. 

The fact that the expedited  order was issued seems like a positive, meaning they know how important an issue it is and don't want it 'lying around' in the court system.
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#5
Here is something that is important to keep in mind because I see it across various threads and on multiple forums, although not here in this thread.

What is at stake in Maryland, right now, is the Constitutionality of Maryland's requirement that applicants for a MD CCW provide a "Good and Substantial Reason" that satisfies whatever individual is lording over the applicants right to bear arms.

What is not at stake is a conversion from "may issue" to "shall issue".  Maryland will remain a "May Issue" state.  All that would be accomplished is the abolition of G & S.

The Maryland General Assembly has been working feverishly at fast-tracking legislation that would effectively replace G  & S in tripping up anyone looking for a carry permit.

Have you ever been arrested for anything?
Have you ever been charged?
Have you ever seen a mental health worker, psychologist, psychiatrist?
Are you taking any medications?
Have you successfully completed the newly adopted requirements for firearms training?

These are just some of the paths been considered.  Additionally, the process still involves draconian interviews (that include friends, family, teachers, coworkers, etc), insanely expensive fees and costs (fees and costs that ARE NOT refunded upon rejection), and can still take 6 - 9 months.  Additionally, Maryland can revoke at any time, for any reason, on any whim whatsoever, with absolutely zero statutory restrictions on the revocation.

Although any success in the right direction would be nice to see, it is important to note that it will likely end up changing nothing in Maryland as your betters find effective alternatives to G & S.  Law-abiding citizens in Maryland who wish to carry legally will still have a long, hard, expensive battle ahead of them.

This should serve as a textbook example of why it is vital that we NEVER yield control of our rights to the state or any government.  You can lose them in the signing of a single bill, and spend decades, and millions, attempting to regain them, if ever.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#6
It's a loss in CA4.

http://www.pa2a.org/thread-ca4-woollard-...n-maryland
ABuck, proud to be a member of pa2a.org since Sep 2012.
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#7
I guess this will be one of the next to go to SCOTUS.

Volokh has an article on it... http://www.volokh.com/2013/03/21/fourth-...-carrying/
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
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#8
Curmudgeon;90072 Wrote:I guess this will be one of the next to go to SCOTUS.

Volokh has an article on it... http://www.volokh.com/2013/03/21/fourth-...-carrying/

It will have to go to the full panel first.
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#9
Thanks bill for pointing out the full panel because that makes sense now why the overturned it.

This is even remotly over the full panel will have to review it and will probably overturn this ruling before it gets to the point that it ends up in front of scotus. Probably the state of md will have to allow carry except for good, substantial and articulable reason as it pertains to the individual only. This will head off the inevitable ruling from scotus that might go "too far" for the liking of the country. It'll allow states to come up with stricker reasons than scotus would normally allow if it gets infront of them. The state of md could look at any criminal activity as reason to deny, beyond the obvious prohibiting criminal charges. This would be probably the optimal outcome for the antis as they know that scotus would rule to allow it. Manu states will beg md to throw the next step.
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#10
It does make a person wonder about how long this decision took, to basically ignore Gura's argument, and Legg's previous ruling, and accept the state's argument. Delaying would seem to increase the chance of having another O appointment to SCOTUS, and that could/would be a game changer.

The judges on this one were:
Judge Robert King - appointed by Clinton
Judge Andre Davis - appointed by Obama
Judge Albert Diaz - appointed by Obama
ABuck, proud to be a member of pa2a.org since Sep 2012.
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