Federal Judge rules MD Law unconstitutional (Read 6030 times)

Growler67

Federal Judge rules MD Law unconstitutional
« on: March 05, 2012, 09:23:41 AM »
http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/

This was posted on SigForum this morning and the language used by Maryland is very similar if not the exact same as used by Hawaii.  Thought it would be helpful to the cause.  Posted this up on the FB page as well.
Practice does NOT make perfect. Perfection is an Ideal and thus cannot exist in the real world. To seek perfection is to set yourself up for failure. Instead, strive for Excellence. Excellence is an attainable goal - Coach George Yamamoto, Mililani High School, RIP

DonRow

Federal Judge rules MD Law unconstitutional
« Reply #1 on: March 05, 2012, 09:48:59 AM »
I just saw that on "The Drudge Report"

230RN

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Re: Federal Judge rules MD Law unconstitutional
« Reply #2 on: March 05, 2012, 10:26:35 AM »
What?  You mean the word "infringe" is being restored to normal usage?

I haven't researched the whole thing yet, but here's another take on it:

http://baltimore.cbslocal.com/2012/03/05/md-gun-law-found-unconstitutional/
I do believe that the radical and crazy notion that the Founders meant what they said, is gradually soaking through the judicial system.

clshade

Re: Federal Judge rules MD Law unconstitutional
« Reply #3 on: March 05, 2012, 12:22:20 PM »
Oooooo. That's exciting.

bass monkey

Re: Federal Judge rules MD Law unconstitutional
« Reply #4 on: March 05, 2012, 12:43:03 PM »
I wonder if anything will change. I read a article about how a judge ruled some other states law was unconstitutional but the citizens still had to jump through hoops and nothing changed.
Hopefully the lawsuit for Hawaii wins and something actually changes.

wirecounter

Federal Judge Rules Maryland Gun Permit Law Unconstitutional
« Reply #5 on: March 05, 2012, 02:26:36 PM »
Check it out - http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/

Do you think that this ruling against Maryland's law that residents have to provide a "good and substantial reason" will provide a precedent and basis to rule Hawaii's requirement for Licenses to carry (134-9) "In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county may grant" as unconstitutional as well?

The judge also "wrote that the 2A protections aren't limited to the household."  I take that to mean open/concealed carry. :geekdanc:

Comments?

Growler67

Practice does NOT make perfect. Perfection is an Ideal and thus cannot exist in the real world. To seek perfection is to set yourself up for failure. Instead, strive for Excellence. Excellence is an attainable goal - Coach George Yamamoto, Mililani High School, RIP

Cougar8045

Re: Federal Judge rules MD Law unconstitutional
« Reply #7 on: March 05, 2012, 03:27:18 PM »
At the moment, I'd settle for jumping through hoops to get a carry permit.  The problem right now is that there aren't even any hoops; if we can get some hoops to jump through, we'll at least have a starting point to fixing things up!
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

230RN

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Re: Federal Judge rules MD Law unconstitutional
« Reply #8 on: March 06, 2012, 06:40:54 AM »
THIS should be cast in a bronze plaque and hung over every police station's entrance, every legislative hall's entrance, and outside every Mayor's office.

Quote

A citizen may not be required to offer 'a good and substantial reason’ why he should be permitted to exercise his rights.  The right’s existence is all the reason he needs.

U.S. District Judge Benson Everett Legg


And every official should be required to polish the plaque every time he or she enters.

Might be a good idea to mount one over every shooting range's entrance, too.

Terry, 230RN
I do believe that the radical and crazy notion that the Founders meant what they said, is gradually soaking through the judicial system.

Growler67

Re: Federal Judge rules MD Law unconstitutional
« Reply #9 on: March 11, 2012, 09:48:18 AM »
MD AG asked for a stay while they appeal the ruling:  http://www.wbaltv.com/news/30645006/detail.html

Wouldn't surprise me if Hawaii goes the same route in the event of a loss.  On the flip side, if the appeal is lost they will have to begin processing the current wave of applications as well as the backlog.  The biggest difference between MD and HI is that MD does grant permits/licenses where HI simply denies.

"Of the 5,216 applications filed in 2011, about 251 were denied, including 179 that lacked a good and substantial reason, said Shipley."

So they denied a numberof applications for not having or providing enough "justification to grant".  Hawaii is even more restrictive and assinine in that they ONLY grant to/for "special privileged individuals".  Only take care of those "in the Ohana" and screw da ress.  Lucky you live Hawaii...........another reason I left in '94.  The level of discrimination and blatant corruption is absolutely staggering and the locals are either oblivious, ignorant or the beneficiaries of the "mentality".
« Last Edit: March 11, 2012, 09:54:35 AM by Growler67 »
Practice does NOT make perfect. Perfection is an Ideal and thus cannot exist in the real world. To seek perfection is to set yourself up for failure. Instead, strive for Excellence. Excellence is an attainable goal - Coach George Yamamoto, Mililani High School, RIP

Growler67

Re: Federal Judge rules MD Law unconstitutional
« Reply #10 on: April 03, 2012, 11:28:16 AM »
There has been and update issued by MSI..


quote:
The District Court in Baltimore clarified its previous order with regards to Woollard to be absolutely clear what he meant on 5 March: he permanently enjoined the state from enforcing the requirement for "Good and Substantial Cause" for a carry permit. He then ordered them to process the Plaintiff's permit application.

All that said, he then temporarily stayed his own order pending additional arguments from the state on why a stay is required at all. This was not unexpected.

We at Maryland Shall Issue are view this order as a big win - it removes pretty much all doubt and wiggle room for the state to play games with G&S in Maryland. The Attorney General has said up until now that the state would normally follow a declaratory judgment (a ruling without orders), but he left open the door they would not. This new clarification includes an actual permanent injunction they cannot ignore. Let there be no doubt: Good and Substantial is dead in Maryland. Right now we're down to arguing over the details. The state filed their notice to appeal to the Fourth Circuit promptly after the injunction order and stay from Judge Legg.
Practice does NOT make perfect. Perfection is an Ideal and thus cannot exist in the real world. To seek perfection is to set yourself up for failure. Instead, strive for Excellence. Excellence is an attainable goal - Coach George Yamamoto, Mililani High School, RIP