SAF SUES IN MARYLAND OVER HANDGUN PERMIT DENIAL UPDATED 3-5-12

[Jaybeez]

I just received an email from the trooper who issued my permit. He told me that they are well aware of the ruling but the Permit Section is waiting on advice and counsel from the administration, internal legal counsel and yes, the AG's office. Until they get definitive information on how to proceed, everything is "business as usual" (his quote).

I had contacted him regarding the effect on restrictions for current permit holders. I expect that absent some hi-jinks from the AG's office, these will have to be nullified through directive or worst case, through further litigation.

I dont remember the case being called "woollard vs ag or administration"

 

[krucam]

Appeal announced; stay requested. The stay will be granted.

I'll bite. I just looked on PACER and there isn't an Appeal shown...

 

[Bigfoot21075]

Appeal announced; stay requested. The stay will be granted.

Source please... According to MSP before this they denied very few permits and most were in fact approved. How can this substantially alter anything if what they claimed recently was true? According to their logic the work load should not change.

 

[Papi4baby]

Just heard from my friend who has a friend in the states attorney's office. He said they are going apeshit. The didnt expect to lose and didn't prepare for it.

Hahahaha.

Thank you to all who made this happen, great news.

 

[Papi4baby]

I'll bite. I just looked on PACER and there isn't an Appeal shown...

I bet it will be turned in on the 29th day just to delay everything even further.

AG office is not ready.

 

[Papi4baby]

I dont remember the case being called "woollard vs ag or administration"

If you have ever dealt with MSP you would know they are not a common sense/make their own call organization.

If the law says take 3 steps, do a 180 and 10 situps. The trooper will do just that, nothing more, nothing less.

 

[kohburn]

yeah, if the AG just found out that they would need to apeal the ruling because they really didn't believe that they would lose. Then they will take some time to prepare the appeal before turning it in.

 

[offroaD]

I feel the need to write a letter explaining that I dont want my tax dollars to be wasted dragging this on, and that they need to just adopt a new policy and move on. It's like the case I juried for a while back. An entire day was spent over a guy stealing 10 dollars.

 

[pcfixer]

yeah, if the AG just found out that they would need to apeal the ruling because they really didn't believe that they would lose. Then they will take some time to prepare the appeal before turning it in.

It'll be a very interesting read from AG to 4th Circuit.

 

[ezliving]

Let's understand everyone's role. SAF more/less handles litigation, NRA more/less handles legislation. There is no reason to be upset about the NRA's role, they are an important part in the 2A fight. Support both, we don't want all our eggs in one basket

What did the NRA do to support Marylanders' gun rights at the legislature this year?

Less or none?

 

[erwos]

Actually, the report that someone had from the MSP that it was business as usual was quite interesting... in the absence of a stay, doesn't the state need to shut down the application process for a while or risk further lawsuits? That is to say, if I were to apply this week and be denied, wouldn't they be violating my civil rights by any standard?

 

[Boxcab]

It'll be a very interesting read from AG to 4th Circuit.

"Scary guns.. blah,blah... for the Children... blah, blah... blood in the streets, running into the Bay... blah, blah... rising crime... blah, blah... flying unicorns... blah, blah... kittens... blah, blah... shoot your eye out... blah, blah... Brady this, Brady that... blah, blah... bad, OK?"

 

[Spec4]

c4 and Anderson are doing nothing positive for this cause.

my .02

 

[Soda]

Actually, the report that someone had from the MSP that it was business as usual was quite interesting... in the absence of a stay, doesn't the state need to shut down the application process for a while or risk further lawsuits? That is to say, if I were to apply this week and be denied, wouldn't they be violating my civil rights by any standard?

They have 30 days to comply or appeal and get a stay. So they can keep on keepin' on until either their month is up or while an appeal is in process with a stay.

 

[Jaybeez]

Actually, the report that someone had from the MSP that it was business as usual was quite interesting... in the absence of a stay, doesn't the state need to shut down the application process for a while or risk further lawsuits? That is to say, if I were to apply this week and be denied, wouldn't they be violating my civil rights by any standard?

They cannot shut down the permit process, the MD law says they have to do it, they just no longer have good and substantial to hide behind. Its a constitutional right. Shutting down completely would be ground for the mother of all lawsuits. They are supposed to obey the judges order.

 

[2ndCharter]

Actually, the report that someone had from the MSP that it was business as usual was quite interesting... in the absence of a stay, doesn't the state need to shut down the application process for a while or risk further lawsuits? That is to say, if I were to apply this week and be denied, wouldn't they be violating my civil rights by any standard?

I'm not sure as to the legality here but I agree that they have no choice, pending a stay granted (not requested) to change the way they operate. However, let's be fair. They do need to make sure that whatever the new procedure is, that it has been scrutinized for legality, compliance with the ruling and unfortunately for the political skew that the left will attempt to introduce. They likely will try to push the boundaries, read something in the opinion that isn't there and dance in as much gray area as possible.

That said, I'm saving the email in case there is a need for it down the road.

 

[Jaybeez]

I'm not sure as to the legality here but I agree that they have no choice, pending a stay granted (not requested) to change the way they operate. However, let's be fair. They do need to make sure that whatever the new procedure is, that it has been scrutinized for legality, compliance with the ruling and unfortunately for the political skew that the left will attempt to introduce. They likely will try to push the boundaries, read something in the opinion that isn't there and dance in as much gray area as possible.

That said, I'm saving the email in case there is a need for it down the road.

There is no new procedure until one is written and passed by the legislature. The procedure is the same as it ever was, minus good and substantial, because it is codified into law. The only change the MDSP can make is the application form.

 

[chris12138]

"Scary guns.. blah,blah... for the Children... blah, blah... blood in the streets, running into the Bay... blah, blah... rising crime... blah, blah... flying unicorns... blah, blah... kittens... blah, blah... shoot your eye out... blah, blah... Brady this, Brady that... blah, blah... bad, OK?"

You just made my day

 

[MJD438]

"Scary guns.. blah,blah... for the Children... blah, blah... blood in the streets, running into the Bay... blah, blah... rising crime... blah, blah... flying unicorns... blah, blah... kittens... blah, blah... shoot your eye out... blah, blah... Brady this, Brady that... blah, blah... bad, OK?"

Thanks for another good laugh!!! Had to explain my outburst to my students here in SC again...

 

[Spec4]

Originally Posted by Boxcab
"Scary guns.. blah,blah... for the Children... blah, blah... blood in the streets, running into the Bay... blah, blah... rising crime... blah, blah... flying unicorns... blah, blah... kittens... blah, blah... shoot your eye out... blah, blah... Brady this, Brady that... blah, blah... bad, OK?"



this!