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Maryland Finally Goes Shall Issue

Discussion in 'Legal' started by P.O.2010, Jul 24, 2012.

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  1. P.O.2010

    P.O.2010 Member

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    http://www.baltimoresun.com/news/ma...nd-gun-carry-permits-20120724,0,7660075.story

    "In two weeks, the Maryland State Police must stop denying gun carry permits to applicants who don’t present a “good and substantial reason” for wearing a firearm, according to a federal court ruling handed down late Monday.

    The ruling loosens restrictions governing gun possession on the state’s streets and is expected to significantly widen the pool of people carrying firearms.

    U.S. District Court Judge Benson E. Legg struck down the “good and substantial” requirement as unconstitutional in a March ruling, but temporarily delayed implementation of his decision to consider whether it should be stayed for a longer period pending an appeal by the state’s attorney general’s office.

    But in an eight-page memorandum signed Monday, Legg determined that there was no basis for a stay and issued an order dissolving the temporary delay effective 14 days later..."

    "The federal decision struck down that requirement and effectively shifted Maryland to a “shall issue” policy, like a majority of states, which automatically issue gun-carry permits once basic safety conditions are met."

    _______________________

    All I can say is it's about time. Finally citizens throughout the State, and Baltimore City in particular, will be able to shoot back when threatened with murder, rape and armed robbery and not have to fear arrest for a "wear, carry, transport" charge. Hopefully the Court will uphold Judge Legg's ruling when Maryland's appeal is heard.
     
  2. Rob G

    Rob G Member

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    Yay! Gotta love freedom.

    I predict that the bureacrats in Maryland will be very busy processing CHL applications.
     
  3. Alaska444

    Alaska444 member

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    Wow, one for the Gipper!! I hope it is not over ruled at a higher court.
     
  4. GoWolfpack

    GoWolfpack Member

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    That's great for the people that live there, but the next step is to get them honoring permits from other states. I really can't wait to go freely armed through my neighbor to the north.
     
  5. P.O.2010

    P.O.2010 Member

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  6. bushmaster1313

    bushmaster1313 Member

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    The NJ fed judge came out the other way.
     
  7. Twmaster

    Twmaster Member

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    Care to explain what you mean?
     
  8. hermannr

    hermannr Member

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    coming soon to NY, NJ, MA, HI, CA....
     
  9. bushmaster1313

    bushmaster1313 Member

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    Similar case in New Jersey the Federal Judge found that there was no 2nd Amendment right to bear arms outside the home and even if there was, may issue was constitutional.

    Case has been appealed

    No. 12-1150

    DANIEL J. PISZCZATOSKI, et al.,
    Plaintiffs-Appellants,
    v.
    THE HON. RUDOLPH A. FILKO, et al

    This is the brief of the State on Appeal:

    http://anjrpc.site-ym.com/resource/resmgr/Legal_Motions___Briefs/NJ_AG_Appellate_Brief_RTC.pdf
     
  10. mortablunt

    mortablunt Member

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    [​IMG]

    I guess being in Baltimore won't be so bad in 1.75 Yrs time. Let's watch the crime rates go down.
     
  11. leadcounsel

    leadcounsel member

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    Congrats to MD!!!!!!

    Hope for reciprocity soon!
     
  12. INMY01TA

    INMY01TA Member

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    Why not just get your own Md permit? Anyone out of state can apply.
    Application process is the same.

    http://www.handgunlaw.us/states/maryland.pdf
     
    Last edited: Jul 24, 2012
  13. Midwest

    Midwest Member

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    Congratulations to the fine people of Maryland.
     
  14. bushmaster1313

    bushmaster1313 Member

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    The result of a George H. W. Bush appointee taking a fair look at the Second Amendment.

    Note this from the opinion (i.e., the State could not show that shall issue caused more violence):

     
    Last edited: Jul 24, 2012
  15. Hugo

    Hugo Member

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    About $#%ing time. Now for NJ, IL, CA, MA, and anywhere else this BS is law. So stupid and as Mr. Spock in Star Trek would say, "Extremely Illogical".
     
  16. Twmaster

    Twmaster Member

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    Bushmaster, thanks for the NJ link.

    As a former resident of MD I am happy to see this day. Not happy enough to move back. For now Texas suits me just fine.
     
  17. Carl Levitian

    Carl Levitian member

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    Hold on guys!

    As a life long inmate of the Peoples Republik Of Maryland, my attitude is; knowing the state police I'm gonna believe it when I see it. Just too god to be true. I guess I'll fill out the paper work, but I'm not gone hold my breath. The state police in this republic have too long played footsie with the crooked liberal politicians in the state house up in Annapolis. Somehow, there're going to try to toss a monkey wrench in the works.

    But I'm putting in my paperwork. We'll see.
     
  18. WVleo

    WVleo Member

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    Waiting to see the CCW's

    Well let's just wait and see if this really goes into action or if another route is taken by the politicians in Maryland to thwart this ! I hope for the sake of Maryland residents that they can now legally carry a concealed weapon for self defense. We'll see soon enough !....WVleo
     
  19. wbwanzer

    wbwanzer Member

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    I'm with Carl on this. I'll turn in the paperwork and other requirements and hope that I can get a permit before new laws are put in place to foil this change. I wouldn't be surprised if a special session of the legislature isn't called just to address this issue. The liberal ani-gunners running this state aren't going to take this lying down.
     
  20. Sam1911

    Sam1911 Moderator

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    Oh holy goodness that is AWESOME news! :)

    Johnny, I'll see you there, for sure! :)
     
  21. BullfrogKen

    BullfrogKen Moderator Emeritus

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    I remember reviewing the application when the decision first came out, but was still under a temporary stay.

    From my memory, doesn't it ask you for information like who your doctors are, the medications you take, whether you've ever been to a counselor or mental health professional?

    Anyway, I thought the whole application process was a bit much.

    The other concern I have with it is I don't know the criteria the MD State Police are going to use to make their determination. But I DO know the way they operate, and I wouldn't be surprised if an Eagle Scout couldn't pass their scrutiny.

    I'd be very concerned they'd tell a whole lot of good and decent people "No, you can't have one." Many other states ask if you've ever been denied a license or permit by another state, and then they'd have to answer yes if they move or otherwise apply for an out-of-state license/permit elsewhere.
     
  22. Trent

    Trent Resident Wiseguy

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    Congrats!

    (Illinois still sucks.)
     
  23. JShirley

    JShirley Administrator Staff Member

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    Yes! One more reason to look forward to returning!
     
  24. Sam1911

    Sam1911 Moderator

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    The whole story

    I just got off the phone with a good pal of mine who (an MSI Executive Board Member) is involved deeply in this issue. He strongly recommends that anyone interested read this thread on the MD Shooters forum:

    http://www.mdshooters.com/showthread.php?t=87576

    As a teaser I'll say the news is GOOD. Really REALLY GOOD. MSP is not fighting the matter, and we have some allies where most of us never expected.

    There are hundreds of permit apps which have been received and completed already, and which WILL be issued in the next two weeks.

    I'm sure there are battles to fight yet, but if you have a strong itch to do a few preliminary steps of the dance of joy, there in the privacy of your home, that would probably be appropriate. :)

    And when you get done moonwalking across the den, drop MSI a thank you and maybe a donation. Few times will you ever get to see so few fight so hard for so long, and WIN.
     
    Last edited: Jul 25, 2012
  25. cbrgator

    cbrgator Member

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    Maryland is governed by the Fourth Circuit Court of Appeals and New Jersey is in the Third. If these district judges rulings are appealed and the Circuits rule differently, that's a fast track being granted certiorari bu the Supreme Court.
     
    Last edited: Jul 25, 2012
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