Maryland Gun permit scheme struck down!

Rmodel65 · Mar 5, 2012

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

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’.”...............
Click to expand...

you dont say

wileyC · Mar 6, 2012

this is a bigger deal than it may appear on the surfacel!

Rich91710 · Mar 6, 2012

Wow.

Wow.

This is VERY good.

Only applicable in that circuit's district, but all it'll take is a split decision (IE: An anti-LTC ruling from the 9th) to force it to the SCOTUS.

This very well could force nationwide shall-issue within the next 24 months!

Rmodel65 · Mar 14, 2012

injunctive relief denied while Maryland appeals....

ORDER of 3/9/2012

Upon consideration of the defendants’ motion for clarification under Federal Rule
of Civil Procedure 59(e), and any response thereto, that motion is GRANTED, and the
Court provides this additional clarification of its March 2, 2012 order (ECF No. 53). The
Court granted the plaintiffs’ request for declaratory relief by declaring, in its
memorandum opinion (ECF No. 52), “ecause the ‘good and substantial reason’
requirement is not reasonably adapted to a substantial government interest, the Court
finds this portion of the Maryland law to be unconstitutional.” ECF No. 52, at 2.

The Court did not grant, and intended to deny, the plaintiffs’ requested injunctive
relief. “An injunction is a matter of equitable discretion; it does not follow from success
on the merits as a matter of course.” Winter v. Natural Resources Defense Council, Inc.,
555 U.S. 7, 32 (2008). Beyond prevailing on the merits, the plaintiffs were required to
demonstrate that they met all of the criteria required for issuance of an injunction,
including demonstrating irreparable injury, inadequacy of legal remedies, that an
equitable remedy is warranted in light of balance of hardships, and that the public interest
would not be disserved by an injunction. See, e.g., eBay Inc. v. MercExchange, L.L.C.,
547 U.S. 388, 391 (2006).

The plaintiffs failed to do so, and their request for injunctive
relief is therefore denied.
Click to expand...

So who is gonna apply?

truckboattruck · Mar 14, 2012

Log in or Sign up

Welcome to Tacoma World!

Maryland Gun permit scheme struck down!

#1
Rmodel65 [OP] Yukon Cornelius

#2
wileyC Well-Known Member

#3
Rich91710 Well-Known Member

#4
Rmodel65 [OP] Yukon Cornelius

#5
truckboattruck is one of the sharper tools in the shed

Products Discussed in

Log in or Sign up

Useful Searches

Welcome to Tacoma World!

Maryland Gun permit scheme struck down!

#1 Rmodel65 [OP] Yukon Cornelius

#2 wileyC Well-Known Member

#3 Rich91710 Well-Known Member

#4 Rmodel65 [OP] Yukon Cornelius

#5 truckboattruck is one of the sharper tools in the shed

Products Discussed in Entire Site Forum: Guns & Hunting

#1
Rmodel65 [OP] Yukon Cornelius

#2
wileyC Well-Known Member

#3
Rich91710 Well-Known Member

#4
Rmodel65 [OP] Yukon Cornelius

#5
truckboattruck is one of the sharper tools in the shed

Products Discussed in