Breaking News in Maryland on Concealed Carry

Judge Legg has issued a permanent injunction against enforcement of the requirement of needing a “good and substantial” reason to obtain a permit to carry in Maryland. The injunction is to be effective in 14 days. Maryland Shall Issue talks about what this will mean for Maryland residents. In theory, this should render Maryland a shall-issue state, but in practice there are probably ways the Maryland State Police can stall. This will be appealed to the Forth Circuit Court of Appeals, and they could side with the state. Nonetheless, this is excellent, excellent news. Kudos to the Second Amendment Foundation and Alan Gura, who brought this case. This is a substantive win for our side.

24 Responses to “Breaking News in Maryland on Concealed Carry”

  1. Rydak says:

    Fantastic news.


    • Tom Swiss says:

      Um, some of us liberals are gun owners. Really. Remember, it was right-wing darling Ronald Reagan who signed one of the first modern gun control laws, to try to disarm the leftist Black Panthers.

      There’s nothing “liberal” about the Maryland State Police, and pretty much anything that reduces their power to screw with citizens is ok with this liberal.

  2. Fred Zeppelin says:

    Yeah, don’t rule out both MOM and MSP – their noted feet-dragging, document loss rate, and “allow 10 working days for completion of your reques”, which, oddly always stretches out to 30+

    Never underestimate the lengths those whom hold power\sway will employ to maintain\retain it….

  3. DaveP. says:

    NC has a way around that: if a CCW aplication takes longer than the allotted period to process (90 days IIRC), the applicant MUST either be issued a permit or be told IN WRITING they’re being turned down- which of course means they now have a paper trail to use in an appeal or a civil suit.

  4. Joe Huffman says:

    Any idea what this means to California, New Jersey, and, especially, Illinois?

    • Sebastian says:

      Nothing yet. Maryland is in the 4th Circuit, and this ruling only applies to Maryland. If the full circuit court upholds the ruling, it will apply to the full 4th Circuit, but every other state in that federal circuit is shall-issue already.

      California is in the 9th, along with most other western states, Hawaii and pacific territories.
      Illinois is in the 7th Circuit, along with Indiana and Wisconsin.

      New Jersey is in the 3rd Circuit along with Pennsylvania, Delaware, and the US Virgin Islands.

      • Amicus briefs for Woollard are being submitted currently the 4th Circuit. The brief that Kopel and I prepared does a pretty thorough job of demolishing the “public safety requires may-issue” claim.

        • Spade says:

          It would kinda be nice if somebody in an appeals case would destroy the Maryland AG’s argument that “people can just open carry rifles” since they’ll arrest you for that there too.

        • Dirk Diggler says:

          Can you post a link to it or email us the brief specifically? I spoke to Prof. Kopel about this when he was in St Louis for the NRA convention (met him on the Metro outside the stadium).

      • Ian Argent says:

        It tees up a potential circuit split. The equivalent case out of NJ is being appealed now, the federal judge having said “Heller, MacDonald, never heard of them.”
        Which makes SCOTUS cert more likely, so they say.

  5. Arnie says:

    Wow! I am humbly giving thanks – and celebrating!!!

  6. dustydog says:

    As a certified Cassandra, I’ll note that if anyone can screw this up, it is the conservatives of Maryland. Maryland has plenty of sane, sensible people who help the civil rights cause. Maryland also has more emotionally-needy authority-craving/authority-hating semi-autistic nutjobs than any other 10 states put together. Being crazy has nothing to do with being pro-civil rights, but happening to be crazy plus carrying a loaded gun is not a good mix.

    Whatever the statistical likelihood of somebody shooting a photogenic young man, or a cop, or twin babies in a stroller, the odds are highest in the Maryland counties that encircle DC.

    If you can think of a way to build a firewall against the backlash, please get started now.

    • Harold says:

      Do you have any idea how many times what you say has been predicted?

      I can tell how many times it’s come to pass: zero.

      • dustydog says:

        If by zero, you mean right now. Right now in Maryland, still need to show cause to get a permit. After the 14 days pass, Maryland citizens will still need 4 character references to apply for a permit. After the 14 days pass, Maryland state police will still have the authority to refuse to file permit applications – another round in court will be needed. This lawsuit has been pending for what – 3 years? How long will it take for the court to force Maryland to actually accept, process, and issue carry permits?

        Maryland’s governor, O’Malley, is positioning himself for a presidential bid in 2016.

        All O’Malley needs is enough public support to flout the constitution. Or do you think Romney’s DOJ will force Maryland to obey the law?

  7. dannytheman says:

    Another one bites the dust!!! My surroundings have changed. I am 30 minutes from Delaware and Maryland, 25 minutes from NJ and 2 hours from NY. I am surrounded by States that want me disarmed. Let’s keep on winning, I only have like 30 good years left in this world. It’s nice to be on the winning side so often.

  8. So is this a good time to apply for a non-resident permit?

    • FightinBluHen51 says:

      In short…watch closely and see if the 4th steps in in the next 14, else I’d say, go for it as long as you aren’t betting grocery or rent money.

  9. Sebastian says:

    Per someone’s suggestion, I have deleted the troll comment. Anti-gun opinions are welcome. Deliberately inflammatory statements from someone who’s name suggest trolling behavior are not.

  10. bigdawgbeav says:

    So maybe finally some reciprocity with PA?

  11. Chad says:

    I am glad to hear this… While its not over, keep push, writting elected officials, and maybe we can keep the honest hardworking Americans safe in their own country. While I am a Democrat, I am PRO-GUN first. I REFUSE to give support to any politician that is Anti-2A. This is one of my biggest issues. Know while the numbers are few, there are still old “southern democrats” that will stand by the Pro-2A movement. I carry concealed everyday, everyplace I can. I strongly urge EVERYONE, reguardless of sex, race, potical affiliation, to do the same. Together is the only way we can do this…

  12. Jake says:

    Nice. The Court says something we’ve been saying for years.

    Defendants have given the Court no basis from which to infer that a significant number of those applicants who have waited patiently for the outcome of this litigation and complied with the permit application process in full would, upon revocation, suddenly decline to adhere to the law.

  13. Windy Wilson says:

    “but in practice there are probably ways the Maryland State Police can stall.”

    Yes. I am reminded of Harvey Stoval’s delaying techniques in 12 O’Clock High. Without some sort of deadline applications can be held up for a long time.

  14. jack says:

    If you have any questions regarding the CWP law or training contact or 1-866-371-6111 and the Instructors at Equip 2 Conceal will be happy to help you.


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