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SAF, et al., Sues MD over Concealed Carry Process

Discussion in 'Legal' started by Craig_VA, Nov 15, 2020.

  1. Craig_VA
    • Contributing Member

    Craig_VA Contributing Member

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    On November 13, 2020, a group of plaintiffs, listed below, sued the Maryland Attorney General and Secretary of State Police for injunctive relief over the requirement for concealed carry "that they have a “good and substantial reason” to do so."
    The full filing is Case 1:20-cv-03304-DKC Document 1 Filed 11/13/20, found on the saf.org web site.
    The filing identifies "Plaintiffs ERIC CALL, CHRISTOPHER MEHL, KYLE HARRISON, FIREARMS POLICY COALITION, INC. (“FPC”), SECOND AMENDMENT FOUNDATION (“SAF”), MARYLAND SHALL ISSUE, INC. (“MSI”), and CITIZENS COMMITTEE FOR THE RIGHT TO KEEP AND BEAR ARMS (“CCRKBA”) (collectively, “Plaintiffs”)"
    I am posting this in Legal so folks can read the actual legal document. I would not be surprised if Moderators tightly control the discussion, or even close the thread until pleadings and statements from the court are available.
    In the meantime, maybe we could have a discussion thread on the topic in General?
     
    czhen, Dunross, Spats McGee and 5 others like this.
  2. Frank Ettin

    Frank Ettin Moderator Staff Member

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    Thank you, Craig.

    This looks like a good opportunity to look at the litigation process.

    I urge everyone to read the complaint that Craig kindly linked to. That is how a lawsuit gets started. It might be of interest to some of you.

    I’m making it an early evening, so I’m done for today. I’ll check in on the thread tomorrow.
     
    Spats McGee, DoubleMag and LoonWulf like this.
  3. Spats McGee

    Spats McGee Moderator Staff Member

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    And if anyone reading this is mostly unfamiliar with how civil rights litigation works: Spats McGee’s Primer on Civil Rights Litigation and Qualified Immunity

    In this case, we have a federal challenge to MD's handgun licensing structure, so it would qualify as "civil rights litigation." Since QI is an individual defense, and these defendants are named in their official capacities only, we shouldn't see any QI arguments.
     
  4. CapnMac

    CapnMac Member

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    This struck my eye in reading the filing.
    This appears to hinge upon proving a negative, which seems a logically weak argument. Now, in the larger compliment of arguments, it is only a part, and a somewhat small part. But it seems ill-advised to have something the Defense might latch on to.

    Unless it's something that can be dealt with in the forensics of the process.
     
  5. rbernie
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    rbernie Contributing Member

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    I don't think their argument hinges on that; the meat-n-potatoes would seem to be Section II, e.g.
     
  6. tommy.duncan

    tommy.duncan Member

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    I lived in southern Maryland until 1997. You had to be touched on the shoulder by God himself to get a CCW.

    Good luck!!

    Virginia has been flowing down the same tube though.
     
  7. CapnMac

    CapnMac Member

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    Ah, to be clear, I was exercising an old habit from competitive forensics, to consider all of one's arguments for weak points that one's opponent might "attack."

    The filing is pretty clear on how the argument hinges on the the prevention of exercise of a right that ought be considered incorporated via McDonald.

    Now, in a debate, such things can be handy, as a way to steer things back to center by refuting the refutation of an apparent "weak" argument. In this case, they have corporeal entities who have been damaged, therefore the number of denied permits is an actual integer.
     
  8. JTHunter

    JTHunter Member

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    Craig - thanks for posting. Considering how the Illinois State Police (ISP) has been "stonewalling" applications for both FOID (Firearm Owner's ID) and CCW permits for the last year, it will be interesting to follow the outcome of this case.
    Please keep us updated as best you can. :thumbup:
     
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