Delegate Dwyer Gets a Response from the AG's Office

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  • Boondock Saint

    Ultimate Member
    Dec 11, 2008
    24,533
    White Marsh
    As we expected. "Heller/McDonald addressed carry in the home, SCOTUS hasn't clarified carry yet to the point that we must recognize the serfs ability to carry outside the home."

    Makes sense, I suppose. Still, piss on the AG's office.
     

    aquaman

    Ultimate Member
    Sep 21, 2008
    7,499
    Belcamp, MD
    I never understood why people thought McDonald would change anything. Things will only change when the legislature changes to majority pro-gun with motivation to make some changes.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,774
    I never understood why people thought McDonald would change anything. Things will only change when the legislature changes to majority pro-gun with motivation to make some changes.

    McDonald provided only the foundation for change. What we make of it is up to us.

    I think that we will not have a real answer until Alan Gura takes MD or NY or NJ or HI to the Supreme Court. These states will most likely escape any effect from Palmer, since Palmer is speaking to a system where you cannot even apply for a permit.

    When a state that issues permits in a discriminatory manor is taken to court, that will change things.
     

    krucam

    Ultimate Member
    I never understood why people thought McDonald would change anything. Things will only change when the legislature changes to majority pro-gun with motivation to make some changes.

    Things will change here not in the Legislative sense, but in the Judicial sense. MD has with this letter indicated that they can't read, aren't aware of cases in DC, IL, and CA...they've indicated they have blinders on. Half of their argument in the letter was spent justifying Domestic Violence "suspects" prohibitions. The other half was a 2008 memo to Rosenburg following Heller.

    Nothing about Due Process. They didn't mention the word "Fundamental" which is clearly indicitive of looking at the world through rose colored glasses.

    Yes...we wait on other Jurisdictions to make their decisions, but MD is going to need to have a Judicial sledgehammer brought down on them. SAF/NRA/Cato/MSI will need to help us unless Palmer AND Sykes go our way, which is not outside the realm of possibilty.

    I've mentioned before, I'm single-issue this November. What's your stance and track record on 2A rights.

    This is disappointing, but my CCW application will go forward in August.
     

    CanDoEZ

    Ultimate Member
    MDS Supporter
    Oct 23, 2008
    2,593
    SoMD
    I must have missed the earlier letter to address the Heller decision, was it made public? Not surprising that Rosenberg requested it though, and now the AG is using it as precedense.

    Just plain laziness to reference the earlier, detailed document re: Heller even though McDonald was much more sweeping to my non-lawyered reading.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,927
    WV
    The 2008 letter uses the line from Heller about concealed weapons prohibitions being valid as an excuse for arbitrarily issuing carry permits when they know dam well(or at least they should) OPEN carry was constitutionally protected by those states. NJ has also pulled the same crap (Google Scholar-In re application of Factor) by always assuming concealed carry, when the permit does not specify the mode of carry.

    They're going to end up taking the long and expensive route toward inevitably having to gut many of their laws.
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    McDonald provided only the foundation for change. What we make of it is up to us.

    I think that we will not have a real answer until Alan Gura takes MD or NY or NJ or HI to the Supreme Court. These states will most likely escape any effect from Palmer, since Palmer is speaking to a system where you cannot even apply for a permit.

    When a state that issues permits in a discriminatory manor is taken to court, that will change things.

    Washington DC is May-issue, you must request an application from the chief. I know of no one who has gotten even as far as the papers, but it DOES exist. Palmer may be more helpful then some think.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,774
    Washington DC is May-issue, you must request an application from the chief. I know of no one who has gotten even as far as the papers, but it DOES exist. Palmer may be more helpful then some think

    It's going to be interesting. It depends on if the court decides to see DC as a may issue or a no-issue.

    If the court rules based on DC as a de-jure may issue, but a de-facto no issue, then it will be powerful ammo.

    If the court rules based on DC not issuing any permits, it may not be the greatest thing for us.
     

    Wraith

    Active Member
    Oct 19, 2009
    877
    Denton
    Gansler could have saved time, and paper, if he had just typed what he was saying, minus the fluff.


    Dear Delegate Dwyer,


    F**k You!




    Sincerely,
    Attorney General Gansler
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,585
    Hazzard County
    I never understood why people thought McDonald would change anything. Things will only change when the legislature changes to majority pro-gun with motivation to make some changes.
    The opinion is filled with references to "a fundamental right" That's why things are going to change post-McDonald.
    Washington DC is May-issue, you must request an application from the chief. I know of no one who has gotten even as far as the papers, but it DOES exist. Palmer may be more helpful then some think.
    After Heller DC adopted new laws and became no-issue, thus Palmer's quick reaction.
     

    Patrick

    MSI Executive Member
    Apr 26, 2009
    7,725
    Calvert County
    That right there was a punt by the AG.

    It wasn't lazy - it was calculated to avoid answering the question.

    We need to send a better letter/question. The first was too open ended.
     

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