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Judge bans Maryland from enforcing "Good and Substantial Cause" for a carry permit.
Maryland Shall Issue ^ | 2/2/2012 | Maryland Shall Issue

Posted on 04/03/2012 10:54:34 AM PDT by George - the Other

Home » Maryland News » Woollard Case Update April 2nd Injunction-Stay-AppealApr 2, 2012 Maryland Shall Issue® has received a copy of Judge Legg's order regarding the Woollard case dated March 30th 2012.

Good News:

Judge Legg has issued an injunction barring Maryland from enforcing Maryland Statue 5-306(a)(5)(ii) requiring Good and Substantial Reason for a handgun carry permit. Maryland cannot require G&S for any application under Judge Legg's order.

Judge Legg has ordered the MSP to process Mr. Woollard's application without G&S being considered.

Bad News:

Judge Legg has issued a temporary stay of his ruling. This means that the above ruling cannot yet take effect. The temporary stay is designed to give Maryland and SAF time to prepare a formal argument for and against a permanent stay until the 4th Circuit Court of Appeals rules. Unfortunately Maryland is still free to use G&S during the temporary stay. It is not yet known how Maryland will interpret the temporary stay

The final brief is due May 23rd 2012 so we will expect a ruling from Judge Legg after that date on the permanent stay.

(Excerpt) Read more at marylandshallissue.org ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; US: Maryland
KEYWORDS: banglist; constitution; firearms; freedom; woollard
Another step away from tyranny!
1 posted on 04/03/2012 10:54:54 AM PDT by George - the Other
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To: George - the Other

I would carry concealed anyway.

The only time it would become an issue is if my “Good and Substantial Reason” were lying in a puddle in front of the cops.


2 posted on 04/03/2012 11:01:37 AM PDT by G Larry (We are NOT obliged to carry the snake in our pocket and then dismiss the bites as natural behavior.)
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To: George - the Other
The G&S clause is what is keeping New Jersey residents from carrying concealed. Not only do you have to show G&S, you have to appear before a court and a judge will *grant* you the CCW permit, if at all.

Except for that, you are a free American in New Jersey /s

3 posted on 04/03/2012 11:07:07 AM PDT by Victor (If an expert says it can't be done, get another expert." -David Ben-Gurion, the first Prime Minister)
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To: Victor
Nothing is free in NJ, including the rights of it's citizens.

(Yes, I saw the /s). Just reinforcing the point.

4 posted on 04/03/2012 11:16:13 AM PDT by paulcissa (The first requirement of Liberalism is to stand on your head and tell the world they're upside down)
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To: paulcissa

This really should be a moot point - living in Maryland, in and of itself, is “good and substantial reason” to carry a handgun.


5 posted on 04/03/2012 11:20:52 AM PDT by In Maryland (Liberal logic - the ultimate oxymoron!)
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To: G Larry

But, don’t use hollow-point bullets in New Jersey! No,no, no! Bad boy! LOL.


6 posted on 04/03/2012 11:31:21 AM PDT by 2harddrive
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To: In Maryland

Amen to that!


7 posted on 04/03/2012 11:31:56 AM PDT by texson66 (In the words of Kent Brockman, "As for myself, I welcome our new commie overlords...")
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To: 2harddrive
But, don’t use hollow-point bullets in New Jersey! No,no, no! Bad boy! LOL

Incredibly stupid law considering JHP's are less likely to exit the intended target and keep on flying compared to FMJ ammo.

8 posted on 04/03/2012 11:43:28 AM PDT by Niteranger68 (Quit poking holes in the life raft!)
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To: 2harddrive

“But, don’t use hollow-point bullets in New Jersey! No,no, no! Bad boy! LOL.”

To make a hollow point conform with New Jersey’s ‘sensible’ regulation you’d want to fill in the hollow part of your bullet...with mercury and then top it with paraffin.

That way it’s not hollow anymore.

It’s much worse.


9 posted on 04/03/2012 11:44:05 AM PDT by MeganC (No way in Hell am I voting for Mitt Romney. Not now, not ever. Deal with it.)
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To: G Larry

Well there’s that obvious option which works for me. But no one says anything about open carry? That’s where I’ve been for the past half a century or so——if I think I need it I strap it on. I’ve seen Baltimore-—the only time Ive been there without firepower was once when I was transiting with my Marine platoon. Otherwise trying to travel MD without firepower is just plain stooooppppiiiddd.


10 posted on 04/03/2012 12:39:35 PM PDT by cherokee1 (skip the names---just kick the buttz)
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To: In Maryland

Amen to that! Last Friday night the son of the singer who performs in one of the jazz groups I play with, was shot seven times and killed in east Baltimore :(


11 posted on 04/03/2012 1:25:55 PM PDT by George - the Other ("Saints should always be judged guilty until they are proved innocent" - G. Orwell)
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To: Victor

Ever notice there’s no toll to get into NJ, but they keep raising the toll to get out? Just sayin’.


12 posted on 04/03/2012 2:38:51 PM PDT by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: George - the Other; Abundy; Albion Wilde; AlwaysFree; AnnaSASsyFR; bayliving; BFM; ...

Good news! (so far)

Maryland “Freak State” PING!


13 posted on 04/03/2012 9:45:45 PM PDT by Tolerance Sucks Rocks (Occupy DC General Assembly: We are Marxist tools. WE ARE MARXIST TOOLS!)
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To: George - the Other
I believe the tide is turning back to our Constitutional heritage. Other than the recent USSC ruling (based on a legal technicality) about allowing local govs to use eminent domain to benefit private enterprise for a larger municipal tax base, some good rulings have come down as late.

THE most important is the ruling that finally settled the debate about the Second Amendment. It's no longer about the "organized militia" clause. It's been determined that a right exists for individuals to own weapons for self-defense. THE biggest positive ruling from the USSC I've seen in decades.

14 posted on 04/04/2012 2:10:08 AM PDT by A Navy Vet (An Oath Is Forever)
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To: George - the Other

The way I read this, one has to sue the state to get a concealed carry permit.

This is NOT a solution.


15 posted on 04/04/2012 6:57:35 AM PDT by sauropod (You can elect your very own tyranny - Mark Levin)
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To: sauropod

“This is NOT a solution.’

The wording of the decision, in a United States District Court, is a significant victory against those who would like to compromise this nation’s Second Amendment rights, especially the paragraph below.

It is clear, concise, and to the point.

After years of oppressing law-abiding citizens, Democrats are desperately trying to prevent the ruling from being enacted, but the hand-writing on the wall is clear. Maryland citizens who apply for a handgun permit can’t be denied anymore by use of the “show good and substantial reason” requirement.

“At bottom, this case rests on a simple proposition: If the Government wishes to burden a right guaranteed by the Constitution, it may do so provided that it can show a satisfactory justification and a sufficiently adapted method. The showing, however, is always the Government‘s to make. A citizen may not be required to offer a good and substantial reason why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.”


16 posted on 04/04/2012 7:06:17 PM PDT by George - the Other ("Saints should always be judged guilty until they are proved innocent" - G. Orwell)
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To: MeganC

>To make a hollow point conform with New Jersey’s ‘sensible’ regulation you’d want to fill in the hollow part of your bullet...with mercury and then top it with paraffin.
>
>That way it’s not hollow anymore.

That reminds me of the idea I had for Sodium-cored bullets...


17 posted on 04/05/2012 11:35:51 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: George - the Other; Abundy; Albion Wilde; AlwaysFree; AnnaSASsyFR; bayliving; BFM; ...

Good news!

Maryland “Freak State” PING!


18 posted on 07/25/2012 8:02:51 PM PDT by Tolerance Sucks Rocks (Obama should change his campaign slogan to "Yes, we am!" Sounds as stupid as his administration is.)
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To: Tolerance Sucks Rocks

So what’s the update?

Geesh, it’s been 2 months since we’re supposed to have knowledge of if this is “temporary” or “permanent” stay. It’s been 3 months since the last post.


19 posted on 07/25/2012 8:49:55 PM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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