Today is Saturday, July 26, 2014rss RSS feed
NRA-ILA

NRA – ILA

Charlotte, NC --(Ammoland.com)- The United States District Court for the District of Maryland recently ruled that Maryland’s requirement that applicants for a concealed carry permit show  “good and substantial reason to wear, carry, or transport a handgun” is unconstitutional.

According to the court, the existence of the right to bear arms “is all the reason [an applicant] needs.”  The court accordingly ordered the State promptly to process plaintiff Raymond Wollard’s permit application without consideration of the “good and substantial” requirement.

The State filed a timely appeal to the Fourth Circuit Court of Appeals.  The district court granted a temporary stay of its order so arguments could be made on a permanent stay pending the appeal.  On July 23rd, the district court ruled that the State was not entitled to a further stay and that it had two weeks to begin processing permits without the unconstitutional requirement.

Many have since rejoiced that Maryland is now effectively a “shall-issue” state for concealed carry permits.  While the court’s order is unquestionably good news, a few caveats apply.

First, the order dissolving the stay does not take effect until two weeks from July 23rd.  This gives the State time to apply to the Fourth Circuit for another stay.  Should that happen, the state could continue to deny permits for lack of a “good and substantial reason” while the appeal is pending.  Resolution of the appeal could take many long months.

Second, Maryland law also grants the permit issuing authority other broad areas of discretion, including the power to “limit the geographic area, circumstances, or times of the day, week, month, or year in which a permit is effective.”  Just how much discretion the Constitution would allow in this regard is still an open question.

Third, should the Fourth Circuit reach a contrary decision to that of the district court, the continued validity of permits issued under the district court’s order could be subject to question.

The NRA will be filing an amicus brief in the Fourth Circuit proceedings and will continue its efforts to bring permanent relief to Marylanders who have been arbitrarily denied their right to bear arms.  Stay tuned for further developments.

About:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org

Ammoland Click to read AmmoLand FTC Marital Disclosures Distributed to you by - AmmoLand.com – The Shooting Sports News source.
  • One User comment to “Maryland Concealed Carry Update”

    1. Maryland is not now a “shall issue” state for concealed carry permits. The judge specifically stated that he was not deciding whether or not concealed carry was constitutional but since Open Carry is and Maryland licenses do not distinguish between concealed and open carry, the state must issue licenses.

      In the four years since the Heller decision, every concealed carry lawsuit has lost and those which have asked the US Supreme Court to hear the appeal of their loss has been denied.

    Leave a Comment

    • Sign up Ammoland for your Inbox

      Daily Digest

      Monthly Newsletter

    • Recent Comments

      • Herb: What a crock! What an overall stupid editorial. There is no Target “policy” forbidding the carrying...
      • jerryskidds: I lived here all my life. Applied for my ccw with Gore way back when the peruta case was filed. 4 weeks...
      • DaProf: And another question: How many women defended themselves each week in places they weren’t disarmed?...
      • Dr. Strangelove: I can understand a keyboard commando mistaking loose for lose, but not a pro writer.
      • Dave from San Antonio: It’s OK…I need a new Bear skin rug anyway…and a lion pelt would be nice, too.
    • Social Activity

    • Most Popular Posts

    • Google+ Direct Connect

    Copyright 2014 AmmoLand.com Shooting Sports News | Sitemap | Μολὼν λαβέ

    Win a Daniel Defense DDM4v9 Rifle

    Subscribe and receive our emails , the drawing will be August 15, 2014 maybe you will be the lucky shooter receiving a Daniel Defense DDM4v9 Rifle. For more information visit the Daniel Defense promotional page.
    Monthly email subscription from Ammoland
    13443128
    14000928