Maryland files final brief in Woollard v. Sheridan

[JohnPierce]

Maryland files final brief in Woollard v. Sheridan
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The case is Woollard v. Sheridan and the primary issue is whether or not Maryland’s discretionary may-issue handgun permitting scheme is constitutional.

Underlying that issue is the broader question of whether or not the Second Amendment right articulated in District of Columbia v. Heller extends to “bearing arms” outside the home and, if so, to what extent.

Excerpt ... Read more

 

[Rmeju]

One to watch, for sure

 

[winterhorse290]

i live in a state where open carry is legal. question. if you can,t carry a firearm outside you home , how did you get it there to begin with? and with that logic, if you have one in your home, you had to break the law to get it there. not trying to be a smart@ss or anything, just seems the laws in some states don,t make any since.

 

[Sam1911]

Generally the laws in more restrictive states define very narrowly where you may go while transporting your gun. For example, it is lawful to go from the gunshop to your house. Or from your house to the range, gunsmith, gun show, etc.

Some of these laws are stupidly written, but not that stupidly written! Making the law absolutely un-followable makes it open to immediate judicial challenge. A law regulating a lawful act which leaves a citizen completely unable to act lawfully won't (usually) stand up to review at the State Supreme Court.

 

[winterhorse290]

thanks for a heads up on this. guess i,m lucky to live where the gun laws are way behind the politically correct times. only hassal i get is when i go shoot in the back pasture, i usually get a visit from the local deputies about gun fire in the area. since city people have all moved to the "country" recon they think there,s a drive by going on. most of the time johnny law just wants to know what i,m shooting and are my new reloads working out. is this a great state(for now) or what?

 

[Craig_AR]

winterhorse said

if you can,t carry a firearm outside you home , how did you get it there to begin with? and with that logic, if you have one in your home, you had to break the law to get it there. not trying to be a smart@ss or anything, just seems the laws in some states don,t make any since.

It is legal to transport firearms in Maryland, but they have to be stored away from the passenger compartment, and be unloaded, disassembled, and secured. The parts of a disassembled firearm must be stored separately. Revolvers have to have trigger lock installed.
Maryland prohibits carrying a loaded, operational firearm without a carry permit. The problem has been that the law is "may issue,' meaning that the issuing county authority has discretion on each application whether to issue the permit, even if all required aspects are met. That is the crux of the lawsuit.

Living in Virginia, only a few miles from Maryland, I need to be aware Maryland firearm transportation law.

 

[winterhorse290]

wow! i,ll never cuss my backward state again. we may have the best politicians money can buy, but at least i can carry my toys just about anywhere i want to. and that is all in one peice and loaded. guess i need to look up other state laws before i cross the border

 

[winterhorse290]

just another thought. we can travel from one end of this coutry to the other and know we won,t get pulled over and arrested(yet) for not having our papers in order. put having an item that is legal under national law can get you locked up. kind of makes you wonder what,s next

 

[jj1962hemi]

I'm with you, Winterhorse! For some reason, none of the growing encroachment on our freedoms/rights (not privileges, rights that're inalienable) doesn't seem to rattle people. My ancestors are all from Eastern Europe (~1900). Disarmament is always part of a "pacification" strategy. 'Been to the airport lately?

 

[Sam1911]

just another thought. we can travel from one end of this coutry to the other and know we won,t get pulled over and arrested(yet) for not having our papers in order.

Ehhh, sort of. The FOPA '86 gives you a "affirmative defense" against being convicted of possessing a firearm in a manner, or of a type, that is not legal in that state, so long as you are transporting it exactly in accordance with the FOPA guidelines.

HOWEVER, it is important to understand what an affirmative defense IS. You CAN still be arrested, held, and tried. FOPA kicks in when you get to trial, at which point -- if you can prove you were playing exactly by the FOPA rules -- you will be acquitted.

The FOPA does nothing to prevent a state which is so inclined from giving you a very unpleasant and very expensive few months as you deal with cops, jail, confiscation, bail, lawyers, lawyers bills, time away from life and work, preparing a defense, and trial. Some states (NY, NJ) have a reputation for sometimes giving you "the ride" even if they know you'll beat "the rap."

 

[INMY01TA]

It is legal to transport firearms in Maryland, but they have to be stored away from the passenger compartment, and be unloaded, disassembled, and secured. The parts of a disassembled firearm must be stored separately. Revolvers have to have trigger lock installed.
Maryland prohibits carrying a loaded, operational firearm without a carry permit. The problem has been that the law is "may issue,' meaning that the issuing county authority has discretion on each application whether to issue the permit, even if all required aspects are met. That is the crux of the lawsuit.

The parts I bolded are not true. Of you want to familiarize yourself with Md gunlaws I suggest you join here:http://www.mdshooters.com/

 

[AABEN]

Ehhh, sort of. The FOPA '86 gives you a "affirmative defense" against being convicted of possessing a firearm in a manner, or of a type, that is not legal in that state, so long as you are transporting it exactly in accordance with the FOPA guidelines.

HOWEVER, it is important to understand what an affirmative defense IS. You CAN still be arrested, held, and tried. FOPA kicks in when you get to trial, at which point -- if you can prove you were playing exactly by the FOPA rules -- you will be acquitted.

The FOPA does nothing to prevent a state which is so inclined from giving you a very unpleasant and very expensive few months as you deal with cops, jail, confiscation, bail, lawyers, lawyers bills, time away from life and work, preparing a defense, and trial. Some states (NY, NJ) have a reputation for sometimes giving you "the ride" even if they know you'll beat "the rap."

IL is one also it is agenst all guns!!