Go Gura Go!

[DeanC]

SAF Sues in Maryland over Handgun Permit Denial
August 3, 2010

(GunReports.com) – The Second Amendment Foundation and a Baltimore County, MD man have 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.

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.”

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.

SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco.

[DeanC]

NRA's comment on this case

[phorvick]

Your link is not to an NRA site....

[justaguy]

Your link is not to an NRA site....

Try to keep up.

[bensdad]

NRA's comment on this case

But Dean, they're the 400lb gorilla! They have 4 zillion members! If it weren't for them, we'd all be carrying moist towelettes for self-defense!
[/sarcasm]

[DeanC]

Your link is not to an NRA site....

My mistake.

Actual NRA comment on the Maryland case

[plblark]

Well, their Due Process is the route the SC went over Privledges and Immunities of Gura. Of course, maybe the NRA's easier DP gave them an easy out.

I still think that Gura's P&I argument and Thomas' concurring opinion are the way to go.

[justaguy]

Of course, maybe the NRA's easier DP gave them an easy out.

[plblark]

Mention DP and Justa can keep up ... where's the disturbed smiley?

I guess Due Process is a pretty exciting subject.

[DeanC]

Of course, maybe the NRA's easier DP gave them an easy out.

I think I'm gonna be sick.

[bensdad]

maybe the NRA's easier DP

I don't think there's anything easy about DP.

[plblark]

it was a very contorted argument and when the NRA went for their Due Process angle, they effectively Blocked Gura's main Privileges and Immunities thrust

[bensdad]

it was a very contorted argument and when the NRA went for their Due Process angle, they effectively Blocked Gura's main Privileges and Immunities thrust

I need a shower.

[macphisto]

Enough of this DP stuff.

DVDA or GTFO!

[bensdad]

it was a very contorted argument and when the NRA went for their Due Process angle, they effectively Blocked Gura's main Privileges and Immunities thrust

I think they were out of line taking 10 minutes of his oral.

On a serious note, I'm often plagued by the notion (right or wrong) that the NRA needs this fight to stay alive. Gura is so good at winning these cases he might just be (in their view) killing the golden goose.