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Stupid Maryland law may be the next to fall.

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PavePusher Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 02:24 AM
Original message
Stupid Maryland law may be the next to fall.
At least, we can sure hope so...


Cert. Petition in Right to Carry Case

"Filed earlier this week by Stephen Halbrook, in the case of Williams v. Maryland. In short, Maryland bans all handgun transportation or carry without a permit, and has a permitting process which formally declares that it will deny permits to almost everyone. As the petition explains, the Maryland State Police, the Maryland Handgun Permit Review Board, and the Maryland courts have consistently interpreted these provisions to require the applicant to document, typically with police reports, that he or she has been the victim of assaults, threats, or robberies, except for applications involving certain occupations.

Williams was peaceably transporting his handgun from his girlfriends home to his own home. He has been convicted, and sentenced to a year in prison. The states highest court, the Maryland Court of Appeals, rejected Williams Second Amendment challenge, because, supposedly, the Heller and McDonald affirmations of a general right to carry handguns (except in sensitive places) is mere dicta which the Maryland court will not follow unless a future U.S. Supreme Court cases formally announces we meant what we already said."

More at link.


http://www.favstocks.com/cert-petition-in-right-to-carr...
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lawodevolution Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 02:31 AM
Response to Original message
1. how do you buy a gun? how do you get a gun from the gunshop to your house
if you can't transport? how do you go to the range?
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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 07:41 AM
Response to Reply #1
2. I'm not familiar with MD firearms law...
or their definition of "transport", but in MA it means the firearm (handguns and long arms), must be transported unloaded and in a locked case (trigger lock alone doesn't count), or in an inaccessible area of the vehicle: ie the trunk (the cargo area of an SUV is a no go).
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Logical Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 08:29 AM
Response to Original message
3. Wow, that law is out of control. n-t
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Bold Lib Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 02:18 PM
Response to Reply #3
9. The law is stupid and a clear 2A violation. The state court is out of control
to say, "yeah, we know about Heller - but we just don't think WE need to follow it". This kind of disregard of SCOTUS will only bolster right-wing states/state courts to decide that THEY don't have to follow Row v Wade. Very dangerous waters IMO.
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jpak Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 08:30 AM
Response to Original message
4. The moran that brought the suit is a lawbreaker and a whiner - no permit for you
and it is clear that the Holy 2A has limitations - so sez the SCOTUS

yup
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msongs Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 08:46 AM
Response to Reply #4
5. athe 2A has no limitations on who you can shoot with your gun lol nt
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sun Apr-24-11 10:38 AM
Response to Reply #5
7. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
lawodevolution Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 11:02 AM
Response to Reply #5
8. Duhhhhhh yeah the 2A mentions who you can shoot
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PavePusher Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 10:38 AM
Response to Reply #4
6. Channeling Ayn Rand? Really?
"Did you really think we want those laws observed?" said Dr. Ferris. "We want them to be broken. You'd better get it straight that it's not a bunch of boy scouts you're up against... We're after power and we mean it... There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced or objectively interpreted and you create a nation of law-breakers and then you cash in on guilt. Now that's the system, Mr. Reardon, that's the game, and once you understand it, you'll be
much easier to deal with."
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Hoyt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 04:51 PM
Response to Original message
10. Research indicates Williams hid gun in bushes. Maryland court says Heller/McDonald apply to homes.
Edited on Sun Apr-24-11 04:59 PM by Hoyt

I'm thinking you guys should give up before you have to leave your guns at home.

First, this guy Williams hid his gun in the bushes when police approached. I think that might be something like obstruction of justice. Usually in these cases there's something going on that doesn't get printed in the pro-gun press.

And, the Maryland court essentially said that two cases lauded by pro-gunners -- Heller and McDonald -- only address prohibitions against handgun possession in the home . . . . Id. at 1176 & n.10.

The court referred to dicta in McDonald that the Second Amendment protects a personal right to keep and bear arms for lawful purposes, most notably for self-defense within the home . . . . . Id. at 1177, quoting McDonald, 130 S.Ct. at 3044.

You guys are shooting yourself in the foot.

BTW -- I wouldn't mind Williams being released from jail.
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PavePusher Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 05:44 PM
Response to Reply #10
11. Hmmmmmmm......
1. "Research indicates Williams hid gun in bushes."
a. Cite, please?
b. So what, "keep and bear" is Constitutionally protected. As long as he wasn't commiting a crime at the time, this should have no bearing. Especially if it was in a secured case. If he had it loaded and concealed, readily available for use, you might have a point here.

2. "only address prohibitions against handgun possession in the home . . . ."
IIRC, the majority decision states "...in places such as the home..." which does not indicate the home to be a limiting location by any stretch. So the Maryland court has incorrectly quoted and applied the SC decision, rendering their decision null and void. Unfortunately, the defendant will have to spend considerable money to take this higher.

That's one of the problems with our court system, the wronged party must be furthar wronged to prove their innocence. But that's a topic for another forum....
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Hoyt Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 07:49 PM
Response to Reply #11
12. Well Pave, take it up with the Maryland courts.

The gun wasn't in a case. Look it up, search under "Williams vs. Maryland guns" and read.

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PavePusher Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-24-11 11:29 PM
Response to Reply #12
13. My bad, I had assumed. Mea Culpa. Still shouldn't matter.
"keep and bear" is still Constitutionally protected, and Maryland has apparently claimed they will not issue a permit to "bear". So they appear to be screwed. I am not familiar with all the Maryland laws. Is there a legal way to transport a handgun between a shop an home and range?

And it seems the matter has been taken up. By no less than Stephen Halbrook. I think I'll defer to his expertise.
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YllwFvr Donating Member (757 posts) Send PM | Profile | Ignore Tue Apr-26-11 05:06 PM
Response to Original message
14. Maryland does seem rather restrictive
i live in the breath of freedom here in pa surrounded by jersey, new york, and maryland. Some of the most restrictive states in the us.

Ill keep an eye on this. Marylanders deserve a change.
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