SAF sues in Maryland over CCW!

[aray]

Free at last, free at last? Well maybe someday soon I hope.

The Second Amendment Foundation just sued in the People's Republik of Maryland over concealed carry. Looks like they handpicked the client just as was done in Heller and in McDonald.

I just added a Life Membership to the SAF (to add to the one I already had from the NRA) about three weeks ago. It's only $150 for a Life Membership (or $15 annual). Makes me mighty darned proud of the SAF, that's for sure!


For Immediate Release: 7/29/2010

BELLEVUE, WA – The Second Amendment Foundation and a Baltimore County, MD man today sued Maryland authorities in federal court because the man’s handgun permit renewal was turned down on the grounds that he could not demonstrate “a reasonable precaution against apprehended danger.”

The lawsuit was filed in U.S. District Court for the District of Maryland.

Joining SAF in the lawsuit is Raymond Woollard, who was originally issued a carry permit after a man broke into his home during a family gathering in 2002. Woollard’s permit was renewed in 2005, after the man was released from prison. That man now lives about three miles from Woollard. Defendants in the case are Terrence B. Sheridan is the Secretary and Superintendent of the Maryland State Police, and three members of the Maryland Handgun Permit Review Board, Denis Gallagher, Seymour Goldstein and Charles M. Thomas, Jr.

SAF and Woollard are represented by attorneys Alan Gura of Virginia and Cary J. Hansel of Joseph, Greenwald & Laake of Greenbelt, MD.

The lawsuit alleges that “Individuals cannot be required to demonstrate that carrying a handgun is ‘necessary as a reasonable precaution against apprehended danger’ as a prerequisite for exercising their Second Amendment rights.” Plaintiffs are seeking a permanent injunction against enforcement of the Maryland provision that requires permit applicants to “demonstrate cause” for the issuance of a carry permit.

“Laws that empower bureaucrats to deny the exercise of a fundamental civil right because they cannot show good cause to exercise that right can’t possibly stand up under constitutional scrutiny,” said SAF Executive Vice President Alan M. Gottlieb. “We are supporting Mr. Woollard in this action because constitutional rights trump bureaucratic whims.”

The Second Amendment Foundation (www.saf.org (http://www.saf.org/)) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.

SAF Press Release :: SAF SUES IN MARYLAND OVER HANDGUN PERMIT DENIAL (http://saf.org/viewpr-new.asp?id=334)

[aray]

And oh, I guess I should have posted this in the RKBA forum, not here. Guess in my excitement I didn't even bother to check. I'm sure ya'll will overlook that bit of netiquete faux pas. However if a moderator wants to move this on over, that would be alright with me.

[Dietrich]

Got my fingers crossed for you and the other good citizens of your state.Good luck.

[aray]

Thanks Dietrich.

If they win in Maryland it is likely to help in the remaining non-carry states. They are using the logic that arbitrary rules that are subject to the whims of bureaucrats and the need to show "good and substantial reasons" to exercise your "fundamental rights" is unconstitutional.

By the way, here is a really good video that the SAF put together. It contains the real-life 911 call of a lady who was forced to use her gun to defend her life. Chilling.

YouTube - Second Amendment Foundation Online - woman shoots attacker (http://www.youtube.com/watch?v=kTAADW9wNvk)

[mr surveyor]

A 2A win on this matter in Fed court would become case law which would set a precedent, would it not?


surv

(this would be an excellent thread for the RKBA sub-forum.... maybe you should PM John and ask him to move it Ray)

[aray]

A 2A win on this matter in Fed court would become case law which would set a precedent, would it not?


surv

(this would be an excellent thread for the RKBA sub-forum.... maybe you should PM John and ask him to move it Ray)

I'm not a lawyer but I think the way it works is like this: The precedent would be set within the highest level court that decides the case. Since it is safe to assume that neither the SAF nor the state of Maryland will back down regardless of how the initial court decides, I figure on appeal it will reach at least the federal court of appeals, and Maryland is in the Fourth Circuit Court. Thus it should affect at least the five states in that district (MD, WV, VA, NC, SC).

Other courts may or may not pay attention to the way the Fourth Circuit Court rules. The Supreme Court may or may not pick the case up on appeal. (They actually listen to a very small percentage or cases appealed to them.) If other circuit courts rule in a different fashion than the Fourth on similar cases, I'd think it more likely that the SCOTUS would pick it up. If they all rule the same way on similar cases, I'd think it less likely that the SCOTUS would pick it up. The SCOTUS ruling, if any, would apply everywhere.

If we have any *real* lawyers in this forum, I'm sure they'll correct anything I got wrong.

By the way if you are interested in reading the 8 page SAF complaint, you can find it at http://saf.org/legal.action/md.lawsuit/complaint.pdf

And yes I'll PM John about moving this thread.

[jlottmc]

As a CJ student myself, you got that one right Ray. Good stuff, and I think it will be followed by more than just a few...

[noslolo]

I would love to see a change, I moved away from MD to PA, but I still work in Annapolis. Burned my but when I was a bail enforcement agent living in MD and I couldn't get a LTCF. I moved to PA and it took 13mins from the time I parked in front of the court house till I was back in my car with my lic. I travel a fair amount and VA, WV, NC are all good. Maryland is a whole different story. Any change would be a good change.

[aray]

Status update and some very good news:

We lost in Maryland's courts (no surprises there) but won at the Federal District Court level. Judge Legg ruled against Maryland and for a 2A right to carry outside the home. He issued an injunction against Maryland enforcing their "Good and Substantial" requirement to carry, but then stayed his own injunction giving Maryland time to plead the case why it would suffer harm if it abolished G&S.

Today, the judge has lifted his temporary stay. In two weeks from today, Maryland must begin processing applications and issuing CCW permits, with no G&S requirement previously used to deny almost all but politically favored ones.

Of course, Maryland is seeking an appeal from the 4th Circuit Court of Appeals but most viewers believe this is a steep hill to climb. Judge Legg's ruling is tight, relies on other CA4 rulings as part of his logic, and all states in the CA4 are Shall Issue except MD. MD can also seek an emergency stay from the CA4 while their appeal is being considered, but that too comes with a high threshold to meet. Most likely they'll probably just save their ammo so to speak for the CA4 appeal itself.

If they lose in CA4 it's all over for MD, unless they want to try for the SCOTUS. And unless Obama can replace some of those members, we should be able to count on the 5-4 2A majority. Or, if SCOTUS doesn't pick up the case, then the CA4 ruling will stand (assuming it goes our way) and G&S is still struck down.

But those are all what-ifs. What is certain is that pending a successful Hail Mary by our state, in 14 days Maryland will be forced to become a Shall Issue state, kicking and screaming all the way. Count on my application hitting the mail on August 7th, from which time the MD State Police have 90 days to respond.

Initial press report of the lifted stay: http://www.baltimoresun.com/news/maryland/crime/blog/bal-access-widens-to-maryland-gun-carry-permits-20120724,0,7660075.story

Thank you Second Amendment Foundation for bringing this suit!!! http://saf.org/

[1radman]

Thanks for the update. I've sent the link to my brother in MD. He's a bit of a newby but is eager and working on convincing his bride. I'm looking forward to seeing the 3 ladies of the house learn to shoot.

[MikeyKahr]

Fantastic news aray. And here I read your post just after considering applying for a job at Johns Hopkins but deciding not to knowing my pm9 would have to stay home. I only wish Dietrich was here to congratulate you as I know he would.

[Chief Joseph]

"And unless Obama can replace some of those members, we should be able to count on the 5-4 2A majority."

Unfortunately, roberts has shown he's capable of being a traitor to the country and the Constitution. They may very well have the 5-4 majority that will END our 2nd Amendment already.

[les strat]

Great news for your state. I can't imagine living where I have to prove I am in need of a permit. Our state wants you to have one.

Any SCOTUS judgement that goes against my country's Constitution is not a law I intend on obeying. That's all I have to say about that.

[aray]

Thanks for the kind words from all. And honestly, I was struck to the heart when I read:

Fantastic news aray. And here I read your post just after considering applying for a job at Johns Hopkins but deciding not to knowing my pm9 would have to stay home. I only wish Dietrich was here to congratulate you as I know he would.

Absolutely. He was always so kind to me, sent me many offline PMs, and you're right he would have been first out of the gate to offer his congrats.

August 7th is the big day I can apply, but of course it will take many months to get through MD's permitting system. And we're not completely out of the woods yet, as either the 4th Circuit Court or MD's General Assembly could make things difficult.

Right now we're fighting for the hearts and minds of Maryland citizens, most of whom are surprised at the news and many of whom are hostile. As you can imagine the media reports have stirred up a vigorous public debate. In case you're interested, I've been posting replies to running debates in two threads in The Capital, the local paper in Annapolis. If you want to take a gander the links are below. It shouldn't be too hard to figure out who I am in the postings! :)

http://www.capitalgazette.com/news/government/federal-judge-lifts-stay-on-maryland-gun-permit-ruling/article_3f438f78-2818-5f96-85df-98ce05a03ec6.html#user-comment-area
and
http://www.capitalgazette.com/opinion/columnists/ninth_ward/ninth-ward-colorado-shooting-should-be-followed-by-rational-gun/article_554d7af1-ab2b-5372-a16b-0ffb75920e04.html

Note: the replies are in reverse chronological order so the oldest replies are on the bottom following the original news article at the very top.