- Jan 30, 2013
- 34,306
Looks like they are preparing for the influx of applications.
There should be and are limits to the severability provision. If the unconstitutional provision frustrates or affects the purpose of the bill, (don't recall the current threshhold) the entire bill is struck down.I am getting ready to write a check to MSI/counselor Pennak for something north of what I've paid in combined membership dues to MSI for a whole bunch of years.
Severability isn't presumed, and it has limited application. If a specific piece of legislation containing a severability clause is passed and one section of in that piece of legislation is struck, the other provisions contained in that specific piece of legislation survive. If that bill did not contain a severability clause, all of the provisions contained in that specific bill fall, but that has no effect on any other legislation passed by the MGA.
I have been trying to lay my hands on the specific legislation containing either G&S or the W&C permitting scheme that the MGA passed in order to see whether there are any severability clause(s). If the legislation containing the G&S provision does not have a severability clause, everything else in that legislation should be gone as well.
On a different note, I recall Illinois went through a situation several years ago. They were like MD, seldom granting carry permits under their may issue scheme. Courts tossed out may issue and the Illinois legislature had to come up with a new shall issue scheme that was consistent with the court's order. IIRC, Illinois has a large number of sensitive places. That may change following the recent opinion.