Perm Injuction against MD CCW ' good and substantial reason' req't

[matty 810]

http://www.pagunblog.com/2012/07/24/breaking-news-in-maryland-on-concealed-carry/

 

Be interesting if/how MD intends to appeal. They have been getting hammered by 4th circuit on this issue---Does not directly help NJ, but is more progress in civil rights--

[n4p226r 105]

Cool

[BigHayden 77]

Actually, it could directly affect us all. If the 4th circuit upholds the ruling (likely, especially with Gura at the helm) and the 3rd circuit upholds our (Judge Off-The-Walls) ruling, then we have a circuit split and SCOTUS is likely to take up the issue. When the courts consistently are against us, SCOTUS doesn't have to take cases, but in the event of a split, they are almost obligated to step in and rule.

[n4p226r 105]

Why is it likely to be upheld? Wouldn't that depend on which judge hears the case? Looks like6/15 seats are obama appointees

[galapoola 102]

I'm happy for Maryland. It's about time free America made its presence known there. MD and NJ are the two states (maybe HI also) that are may issue and leave the final CCW issue decision up to a state official. MD is the SP and NJ the Judges. For that reason they have a stranglehold. At least in CA, MA, NY and a few others, the local county has the say. That's why in upstate NY, rural CA and western MA you can get a CCW without much trouble. In NJ and until recently MD, there was no friendly county to go move to and get your CCW. My guess is that SCOTUS will wait for a clean case so that they can define “bear” once and for all. NJ, MD and NY all have what I consider very good cases. In each instance the plaintiffs are 100% qualified except for the state's version of “good cause”. The MD case got it right when the judge said the right is all the reason you need. This marks the first time that line of reason has been presented by a judge in 2^nd Amendment cases. The other take away was that if hunting and militia, as described in Heller, is part of the 2^nd, then it had to mean outside the home. After all, who plays army or hunts ducks in the living room?

[RubberBullets 65]

When reading the article and hit the "State Police could find reason to stall" I couldnt help but chuckle and think they may in fact adopt NJ's P2P permit process... That'll keep those permits out of their hands for a while.

[mipafox 438]

When reading the article and hit the "State Police could find reason to stall" I couldnt help but chuckle and think they may in fact adopt NJ's P2P permit process... That'll keep those permits out of their hands for a while.

 

It's just hearsay but it sounds like the MSP plan to release all the otherwise qualifying applications they have been holding onto and issue the permits. The moment the stay ends in about 13 days.

 

Don't blame the messenger, I have no first hand or inside info.

[RubberBullets 65]

It's just hearsay but it sounds like the MSP plan to release all the otherwise qualifying applications they have been holding onto and issue the permits. The moment the stay ends in about 13 days.

 

Don't blame the messenger, I have no first hand or inside info.

 

Good for them then.. the more join the ranks the harder NJ will have to fight to keep their oppressive laws on the books.

[Downr@nge 22]

Unfortunately, I think I read on ammoland that the state will appeal to the 4th circuit fed courts and that a stay could last for months while the appeal is pending.

[BigHayden 77]

Unfortunately, I think I read on ammoland that the state will appeal to the 4th circuit fed courts and that a stay could last for months while the appeal is pending.

 

They requested the stay at this level and were denied. Just because they ask for it, doesn't mean they'll get it. I thought I read somewhere that the 4th circuit has been smacking MD around quite a bit lately. I'll have to see if I can find that again.

[TK421 2]

Actually, it could directly affect us all. If the 4th circuit upholds the ruling (likely, especially with Gura at the helm) and the 3rd circuit upholds our (Judge Off-The-Walls) ruling, then we have a circuit split and SCOTUS is likely to take up the issue. When the courts consistently are against us, SCOTUS doesn't have to take cases, but in the event of a split, they are almost obligated to step in and rule.

 

This was exactly what happened in Heller and McDonald, it is the reason there are separate cases in districts 1, 2, 3, 4, 7 and 9. If just one is favorable to our side the Supreme Court has to take the case otherwise you will have different legal precedents in different districts.

[Downr@nge 22]

They requested the stay at this level and were denied. Just because they ask for it, doesn't mean they'll get it. I thought I read somewhere that the 4th circuit has been smacking MD around quite a bit lately. I'll have to see if I can find that again.

 

http://www.ammoland.com/2012/07/30/maryland-concealed-carry-update/#axzz22KvzrSvV

 

 

This part. I wouldn't hold my breath while those hoplophobes try day and night to stop this from passing.

 

First, the order dissolving the stay does not take effect until two weeks from July 23

^rd

. This gives the State time to apply to the Fourth Circuit for another stay. Should that happen, the state could continue to deny permits for lack of a

“good and substantial reason”

while the appeal is pending. Resolution of the appeal could take many long months.