July 29th, 2010
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SAF in Maryland: Overturning Discretionary Issue of Carry License
Quote:
BELLEVUE, WA - The Second Amendment Foundation and a Baltimore County, MD man today sued Maryland authorities in federal court because the man's handgun permit renewal was turned down on the grounds that he could not demonstrate "a reasonable precaution against apprehended danger."
The lawsuit was filed in U.S. District Court for the District of Maryland.
Joining SAF in the lawsuit is Raymond Woollard, who was originally issued a carry permit after a man broke into his home during a family gathering in 2002. Woollard's permit was renewed in 2005, after the man was released from prison. That man now lives about three miles from Woollard. Defendants in the case are Terrence B. Sheridan is the Secretary and Superintendent of the Maryland State Police, and three members of the Maryland Handgun Permit Review Board, Denis Gallagher, Seymour Goldstein and Charles M. Thomas, Jr.
SAF and Woollard are represented by attorneys Alan Gura of Virginia and Cary J. Hansel of Joseph, Greenwald & Laake of Greenbelt, MD.
The lawsuit alleges that "Individuals cannot be required to demonstrate that carrying a handgun is necessary as a reasonable precaution against apprehended danger' as a prerequisite for exercising their Second Amendment rights." Plaintiffs are seeking a permanent injunction against enforcement of the Maryland provision that requires permit applicants to "demonstrate cause" for the issuance of a carry permit.
"Laws that empower bureaucrats to deny the exercise of a fundamental civil right because they cannot show good cause to exercise that right can't possibly stand up under constitutional scrutiny," said SAF Executive Vice President Alan M. Gottlieb. "We are supporting Mr. Woollard in this action because constitutional rights trump bureaucratic whims."
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. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.
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A very good case to win, and given who we have working on it, it's very probable to succeed. How would you guys like to have Maryland go shall issue, and eventually issue to PA residents or honor LCTF's? I know I would. Soon we will have this war won.
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