Thursday, July 26, 2012

Maryland Shall Issue On The Lifting Of The Stay In Woollard Decision

With US District Court Judge Benson Legg's lifting of his temporary stay in Woollard v. Sheridan, the Maryland State Police will have to start processing carry permit applications without regard to the "good and substantial reason" requirement.

Maryland Shall Issue has released a 5-point analysis of what the lifting of the stay will mean for Marylanders.
  • On August 8th, MSP will begin to process carry permit applications without regard to the "good and substantial reason" clause that was ruled unconstitutional back in March. Please bear in mind that the state of Maryland may ask the Fourth Circuit Court of Appeals (CA4) for an emergency stay of the Woollard ruling. If they ask for a stay and it is granted, MSP may decide to "sit" on applications until the appeal is decided.
  • The appeal of the Woollard decision itself remains before CA4. They may side with the state and overturn the lower court's ruling, or they may uphold the decision. While the order lifting the stay is unquestionably good news, appeal itself is far more important.
  • We anticipate that MSP will receive another flood of carry permit applications. While the law requires that MSP process permit applications within 90 days, the sheer volume of paperwork involved will make that deadline very difficult if not impossible to meet. The court system is inclined to give an entity like MSP some leeway if they are processing applications in good faith. MSI will be monitoring any delays to ensure that it is good faith delays.
  • Remember that while the appeals process plays out, it is possible that permits could be denied or revoked if CA4 or the Supreme Court rules in the state's favor. To that end, we encourage you to avoid spending money that you cannot afford to lose in the process of applying for a carry permit.
  • Expect that Anti-2A forces in the Maryland General Assembly will press hard to find new ways to deny your rights.

1 comment:

  1. Maryland is the only state in the 4th that isn't effectively Shall Issue, it should be hard for it to argue it needs a stay if its circuit mates have no demonstrable problems.

    What's left of the "anti-carry" roll call?

    Hawaii, and California county by county, in the 9th.

    Illinois in the 7th.

    NJ, and sorta Delaware (my AK permit is good there for instance), in the 3rd.

    NYC, and NY state county by county, in the Second.

    RI, and Mass county by county, in the First.

    Even Puerto Rico (1st) is showing improvement via lawsuits and DC is under attack.

    Reciprocity, particularly Oregon in the 9th in my opinion, is the real fight, the bad "May" and effective no-issue states are surrounded and dwindling.