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Shall issue

JT will try to get his MD carry permit. This should be interesting since MD is appealing.

10 Responses to “Shall issue”

  1. Standard Mischief Says:

    Good luck.

    Based on what Sebastian PGP said, they’ll gladly cash your checks and sit on your request form for months before then contacting you to be absolutely sure you want to go forward with this.

    Except of course by then they’ll have a stay in place.

    I’ll bet and they’ll still be able to operate with the current anti-civil rights “might issue to special people” game plan.

  2. Sebastian Noblog Says:

    That was pretty much the game plan then, but from what I can tell locally here, the MDSP are about to be flooded by people filing permit applications.

    It’ll be interesting to see what happens.

    My renewal comes up in about a year and a half…will be watching this closely. Timing being different, the case might have been Sassi v. Sheridan and not Woollard, as I’m no longer in Baltimore and they would likely have rejected my renewal under the old rules.

    We’ll see.

  3. Sebastian Noblog Says:

    (Actually the game plan probably won’t change…instead of sitting on a few people’s applications for adverse and absurd periods of time…they might sit on hundreds of thousands).

  4. Matthew Carberry Says:

    Then those thousands need to be documenting and publishing their wait. All it takes is an “Emily Miller” with access to a news outlet to blow purposeful delays, which would effectively be contempt of a Federal judges ruling, out of the water.

  5. Steve Says:

    I have been to Baltimore. Maryland is definitely NOT appealing

  6. Patrick Says:

    Folks,

    As President of Maryland Shall Issue – the state organization that has been fighting for this for years – we encourage those who can apply, to apply. If you need the app fee for rent money, please wait.

    We have some information on our website about the honest risks in doing so – the state may cash your check and walk (so far, they are not indicating this as a possibility). For those who say it is bad enough to have to ask permission to exercise a right, then consider how much worse it is to not try to exercise it at all due to expected oppression from the state.

    We are putting together a packet that details the application instructions as we understand them to be post-Woollard. It’ll be up shortly.

    We are also watching the state house for expected ‘remedies’ (state words, not ours). We’ve been up there daily. We expect a motion for stay to be filed, and sadly it’s success will be determined not on the law, but more by whose lap it lands in.

    Judge Legg’s ruling was tight and careful – so much so that some in the blogosphere (not Uncle) are taking cheap shots at it. Suffice to say that most of the legal experts we have talked to agree it is likely to withstand appeal. The Wash Post – a huge anti-gun rag if there ever was one – has figure out the same.

    Our word from inside is that the AG’s office is going nuts. We can say for certain that anti-gun lawmakers are panicked. So much so that some are actually talking openly about passing a shall-issue bill right now so they can avoid an appeal which will seal their fate forever. In their minds, they can change the law again when they are more likely to win.

    We need applications to flood the office. Maryland will claim to the courts that a stay will cause “no harm”. They have claimed in the past that nobody wants permits and that their laws cause no harm – and then pointed to the lack of applications. They leave out the fact that until Monday, you had zero shot of getting one.

    As of now, Maryland is a Shall-Issue state. The powers will work extra hard to thwart that, but the simple fact is no state that has gone shall-issue has ever been converted back. We’re a special case in some ways because a stay could make it tenuous, but we will win on appeal. If the law works as advertised, you will get your permit (eventually). If not, then you will be the victim of a civil rights violation.

    We have folks from all over the nation applying. MD has no restriction on non-res applicants. Also, we have no manner-of-carry law. That means we are an OC/CC state, at least until the law changes.

    @Steve: Baltimore has certainly seen better days. I am not an MD native, but there is both beauty and tranquility throughout large portions of our state. At least until I get the guns out and start blasting the hills in my back woods. 😉

    – Patrick

  7. Steve Says:

    Patrick:
    Baltimore is all I’ve seen of MD so I couldn’t resist.
    Congratulations. I hope that very soon you will enjoy the same civil rights as I do up here in NH. Keep fighting the good fight.

  8. Standard Mischief Says:

    >I have been to Baltimore. Maryland is definitely NOT appealing

    I hope that was a joke. Not all of Maryland, my Maryland is as unappealing (24/7 BELIEVE “copeyes” surveillance state) as Baltimore.

    Oh, and our Attorney Jackass, un-appealing as he may be, already said he will appeal the ruling.

  9. Sebastian not the blogger Says:

    The relevant portion of the MD code:

    § 5-306. Qualifications for permit

    (a) In general. — Subject to subsection (b) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:

    (1) is an adult;

    (2) (i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or

    (ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. § 925(c);

    (3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;

    (4) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction; and

    (5) based on an investigation:

    (i) has not exhibited a propensity for violence or instability that may reasonably render the person’s possession of a handgun a danger to the person or to another; and

    (ii) has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.

    (b) Applicant under age of 30 years. — An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been:

    (1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or

    (2) adjudicated delinquent by a juvenile court for:

    (i) an act that would be a crime of violence if committed by an adult;

    (ii) an act that would be a felony in this State if committed by an adult; or

    (iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult.

    The language in 5(ii) is now gone. Shame on me for all my years looking at this issue and not noticing til now that yeah, there’s no residency requirement.

    LOLOMG at the MDSP getting tons of applications.

  10. chris Says:

    So how can those of us that are too far to drive to MD meet the fingerprinting requirements? Will a SC state fingerprint card suffice?

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