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MARYLAND GUYS! AND ... Hopefully NY, NJ, IL, DC, HI, MA, RI, CA Folks As Well...***HUGE VICTORY FOR 2A***

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Wow. 



 



http://onlygunsandmoney.b l o g s p o t.com/2012/03/marylands-may-issue-carry-permits.html



 



Quote:



Monday, March 5, 2012




Maryland's May Issue Carry Permits Struck Down



 
Chalk up another win for Alan Gura. Judge Benson Everett Legg issued an order that was published today granting the Motion for Summary Judgment in favor of Raymond Woollard. From the Opinion:


The Court finds that Maryland's requirement of a ―good and substantial reason‖ for issuance of a handgun permit is insufficiently tailored to the State's interest in public safety and crime prevention. The law impermissibly infringes the right to keep and bear arms, guaranteed by the Second Amendment. The Court will, by separate Order of even date, GRANT Woollard's Motion for Summary Judgment and DENY Defendants' Motion for Summary Judgment.


From the Order:


For the reasons set forth in the accompanying Memorandum of even date, it is, this 2nd day of March, 2012, hereby ORDERED as follows:

1. Plaintiffs’ Motion for Summary Judgment (Docket No. 21) is hereby GRANTED,

2. Defendants’ Motion for Summary Judgment (Docket No. 25) is hereby DENIED,

3. Plaintiffs’ prior Motion for Summary Judgment (Docket No. 12) is DENIED AS MOOT, and

4. The Clerk is directed to CLOSE the case.

As soon as I can read the Opinion, I will post on the details. In the meantime, Raymond Woollard wins -as does everyone in the State of Maryland.




 



ETA:



 



 



Quote:



http://saf.org/viewpr-new.asp?id=395



 



MARYLAND RULING A 'HUGE VICTORY’ FOR SECOND AMENDMENT, SAYS SAF



 



For Immediate Release:   3/5/2012



 



BELLEVUE, WA – A federal court ruling in Maryland, that the Second Amendment right to bear arms extends beyond the home and that citizens may not be required to offer a “good and substantial reason” for obtaining a concealed carry permit, is a huge victory, the Second Amendment Foundation said today.



 



Ruling in the case of Woollard v. Sheridan – a case brought by SAF in July 2010 on behalf of Maryland resident Raymond Woollard, who was denied his carry permit renewal – the U.S. District Court for Maryland ruled that “The Court finds that the right to bear arms is not limited to the home.”



 



U.S. District Court Judge Benson Everett Legg noted, “In addition to self-defense, the (Second Amendment) right was also understood to allow for militia membership and hunting. To secure these rights, the Second Amendment's protections must extend beyond the home: neither hunting nor militia training is a household activity, and 'self-defense has to take place wherever [a] person happens to be’.”



 



“This is a monumentally important decision,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The federal district court has carefully spelled out the obvious, that the Second Amendment does not stop at one’s doorstep, but protects us wherever we have a right to be. Once again, SAF’s attorney in this case, Alan Gura, has won an important legal victory. He was the attorney who argued the landmark Heller case, and he represented SAF in our Supreme Court victory in McDonald v. City of Chicago.



 



“Equally important in Judge Legg’s ruling,” he added, “is that concealed carry statutes that are so discretionary in nature as to be arbitrary do not pass constitutional muster.”



 



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



 



“Judge Legg’s ruling takes a substantial step toward restoring the Second Amendment to its rightful place in the Bill of Rights, and provides gun owners with another significant victory,” Gottlieb concluded. “SAF will continue winning back firearms freedoms one lawsuit at a time.”



 



The Second Amendment Foundation (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. In addition to the landmark McDonald v. Chicago Supreme Court Case, SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; New Orleans; Chicago and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and numerous amicus briefs holding the Second Amendment as an individual right.






 



 



Quote:



http://baltimore.cbslocal.com/2012/03/05/md-gun-law-found-unconstitutional/



 



Md. Gun Law Found Unconstitutional



 



March 5, 2012 1:29 PM



 



BALTIMORE (AP) — Maryland’s requirement that residents show a “good and substantial reason” to get a handgun permit is unconstitutional, according to a federal judge’s opinion filed Monday.



 



States can channel the way their residents exercise their Second Amendment right to bear arms, but because Maryland’s goal was to minimize the number of firearms carried outside homes by limiting the privilege to those who could demonstrate “good reason,” it had turned into a rationing system, infringing upon residents’ rights, U.S. District Judge Benson Everett Legg wrote.



 



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



 



Plaintiff Raymond Woollard obtained a handgun permit after fighting with an intruder in his Hampstead home in 2002, but was denied a renewal in 2009 because he could not show he had been subject to “threats occurring beyond his residence.” Woollard appealed, but was rejected by the review board, which found he hadn’t demonstrated a “good and substantial reason” to carry a handgun as a reasonable precaution. The suit filed in 2010 claimed that Maryland didn’t have a reason to deny the renewal and wrongly put the burden on Woollard to show why he still needed to carry a gun.



“People have the right to carry a gun for self-defense and don’t have to prove that there’s a special reason for them to seek the permit,” said his attorney Alan Gura, who has challenged handgun bans in the District of Columbia and Chicago. “We’re not against the idea of a permit process, but the licensing system has to acknowledge that there’s a right to bear arms.”



 



The lawsuit, which names the state police superintendent and members of the Handgun Permit Review Board, was also filed on behalf of the Bellevue, Wash.-based Second Amendment Foundation.



 



Maryland’s Attorney General’s office was still reviewing the opinion and declined to comment immediately.



 



Many states require gun permits, but Illinois has a ban and six states, including Maryland, issue permits on a discretionary basis, Gura said. In most of those states, these challenges have not succeeded in U.S. District Courts, but they are being appealed, he said.



 



“Most states that choose to regulate the right to bear arms have licensing systems that are objective and straightforward,” Gura said. “That’s all that we want for Maryland.”



 






 



 



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Does this mean I won't have to de-holster at the Alexandria state line?  lol. 



 



You guys who drive through the beltway armed probably know this sign well:



 



"Last Stop in Virginia" 



 



 


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Tell you what, if NJ finally opens up, I'll apply.

 

I don't feel a need to CCW, but if the law opens up I'll do it, if for no other reason that to show solidarity with those who fought so hard to make it happen.

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Quote:

Originally Posted by Kings over Queens View Post

 

Tell you what, if NJ finally opens up, I'll apply.

 

I don't feel a need to CCW, but if the law opens up I'll do it, if for no other reason that to show solidarity with those who fought so hard to make it happen.

 

And I will celebrate when you do. 

 

 

 

There are fewer than 3,000 (or something like that) carry permits issued in all of NJ - mostly to retired cops and security guards. 

 

 

 

Better to have it, and not need it, and not have it, then need it.

 

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Was talking to a member at the fling about this.

 

Retired with 37 years of LE, moved to NJ, they denied him. Appeals it and the Judge shot him down too. "You don't meet the criteria." He's got some special gubmint deal that allows him to carry in something like 37 states, his state of residence not being one of them.

 

Effed up if you ask me.

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Slowly but surely, getting closer to the day when CCW's are honored in every state, just like drivers licenses are today.

 

From your fingertips to God's eyes. :hi5: I only hope I live long enough to see the day.:beers:

 

Wouldn't it be so sweet to be be able to travel from state to state with one's firearms without driving on eggshells & spitting bricks? :scared:

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From your fingertips to God's eyes. :hi5: I only hope I live long enough to see the day.:beers:

Wouldn't it be so sweet to be be able to travel from state to state with one's firearms without driving on eggshells & spitting bricks? :scared:

 

I despaired that nationwide CCW would not happen in my lifetime, but I am more optimistic each passing day.

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My home state is about to become like the Wild West.

Shoot outs on the corner every night, robberies and mayhem committed at will once the effects of this law are felt throughout the land.

 

Wait....it's like that all ready.

Now maybe the good guys will be able to shoot back.

 

 

Any word from our lily livered governor about this? He is against the citizens protecting themselves, but won't give up his State Police protection for love nor money.

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I despaired that nationwide CCW would not happen in my lifetime, but I am more optimistic each passing day.

 

Sounds good. What's up with HR 822 these days?

 

 

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