Second Amendment Foundation Joins Amicus Brief Supporting Challenge To MD Gun Law

Maryland
Second Amendment Foundation Joins Amicus Brief Supporting Challenge To MD Gun Law

BELLEVUE, WA – -(AmmoLand.com)- The Second Amendment Foundation has joined four other organizations in an amicus curiae brief to the U.S. Supreme Court supporting a challenge to Maryland’s restrictive gun control law requiring applicants for concealed carry permits to provide a “good and substantial reason” to exercise their right to bear arms.

SAF is joined by the Firearms Policy Coalition, Inc. (“FPC”), Firearms Policy Foundation, California Gun Rights Foundation and the Madison Society Foundation. Their brief is submitted to the high court by Sacramento attorney Joseph G.S. Greenlee.

The case is known as Malpasso v. Pallozzi. Plaintiffs are Brian Kirk Malpasso and the Maryland State Rifle and Pistol Association.

“This case could have far-reaching ramifications,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “At issue is Maryland’s restrictive requirement but the outcome, if the Court agrees to hear this case, could define the parameters of bearing arms outside the home, and that will impact restrictive laws in several states where carry permits or licenses are strictly regulated, which translates to nearly impossible to get.”

The amicus brief asks the high court to determine “to what extent the right to bear arms applies beyond the home,” because the question “has deeply divided lower courts.”

The 27-page brief notes that the D.C. and Seventh Circuits held that the right applies just as strongly outside the home as inside the home, while the First and Second Circuits determined that the right likely applies outside the home, but in a weaker form. Meanwhile, the Third and Fourth Circuits declined to decide whether the right exists outside the home and the Ninth and Tenth Circuits held that the right to bear arms does not protect concealed carry.

“Clearly,” Gottlieb said, “the lower courts need definitive guidance on this important constitutional issue. What other constitutionally-enumerated fundamental right applies only within the confines of the home? It is time the high court takes up this issue to determine whether the Second Amendment vigorously protects a right, or allows states to treat it as a regulated privilege.”


Second Amendment FoundationSecond Amendment Foundation

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.

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TheRevelatorWild BilltetejaunCaptainKeroseneStWayne Recent comment authors
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tetejaun
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tetejaun

Americans would not need a court ruling if Americans stopped kneeling to unconstitutional ‘gun control laws’ and stood up for their Rights.
Cowardice from the American gun-owning public is why we have a never-ending spew of ‘gun control laws’. “…shall not be infringed.” is a command and order. All ‘gun control laws’ are unconstitutional, yet you kneel and obey them.
The Founding Fathers shot those who told them to turn in their guns or tried to restrict their gun ownership or use.
Too bad getting a dopamine fix from your phone is more important than freedom.

StWayne
Member
StWayne

Here’s what you do: create a 501 (c) (3) for a non-profit business. Get like-minded soles together ready to cash in, and advertise in your state to recruit all 2A supporters. Take donations from anyone, like those members here, as interested parties in seeing this injustice defeated because an unjust law defeated here, is an unjust law defeated everywhere. Take the donations and hire a team of lawyers willing to work at a reduced rate in order to fight for a greater cause, as geared for this arena to represent you. The notoriety they receive will more than make up… Read more »

Wild Bill
Member
Wild Bill

@Wayne, What you describe sounds more like 501(c)(4), just off hand, but why create another organization?

CaptainKerosene
Member
CaptainKerosene

Just remember the anti-gun people have DEEP POCKETS. The NZ killer did it to push gun control. He got what he asked for, NZ gun control. At least the USA still seems to honor the Second Amendment though most on both sides doesn’t understand why it says what it does.
As a last points… Souls are the spiritual part of human beings, Soles are on my shoes.

tetejaun
Member
tetejaun

How about you grow a pair and stop kneeling to tyrants?
Black Americans refused to be slaves to democrats.
Now, if only cowardly American gun-owners would do the same.

TheRevelator
Member
TheRevelator

@Tetjaun Too bad the biggest coward in the room is the one named tetejaun who doesn’t even follow his own advice. You seek to agitate to get others to commit acts that you are too cowardly to do on your own. You shill for a political party at times instead of holding all parties that violate our constitution accountable. You’ve spent more time on your knees than Monica Lewinsky. True Constitutionalists would never follow or take advice from someone like you. That’s also the reason the last three times you were called to question on this you turned tail and… Read more »

Wild Bill
Member
Wild Bill

@Rev, Lower case tj writes the most absurd things.

TheRevelator
Member
TheRevelator

@Wild Bill

Yes, I know. He’s been running away from me since summer. Five months… Five months, and he still doesn’t have the balls to follow his own ideas.. He wants other people to go first so he can hide behind them.

Ed
Member
Ed

State carry laws are a Civil Rights Violations. The right to keep and bear arms is spelled out in the 2nd Amendment. The right to KEEP and BEAR arms, possess and carry, is covered in the 2nd Amendment. Based on the 10th Amendment the right to Keep and bear Arms is not a states issue.

CaptainKerosene
Member
CaptainKerosene

The Second Amendment isn’t about sate militias or self-defense. The Second Amendment is ALL about being possible for the citizens to form a militia THAT ISN’T government approved. Just like the Minutemen in 1773-1775. Read the Declaration of Independence second paragraph for guidance. The right to self-defense and carrying a firearm for self-defense is one of the hundreds of rights included under the TENTH AMENDMENT, It was so non-controversial it did not need to be written down. Our forefathers did not understand just how devious power hungry politicians would be in the Twentieth Century. But just as Hitler, Stalin and… Read more »

tetejaun
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tetejaun

An educated man. Such a rarity and pleasure.

Wild Bill
Member
Wild Bill

@CK, Why do you look to the Tenth Amendment police powers to find a Right to self defense and carrying a firearm, when those Rights are so plainly stated in the Second Amendment?

TheRevelator
Member
TheRevelator

@Wild Bill

Or perhaps why he is confusing the 10th amendment with the 9th Amendment.

Bill
Member
Bill

Amen! It’s time to put this to bed. I live in Md and it sucks. Originally from neighboring WV and its night and day. Here people have given up their birthright for a false sense of security, that really doesn’t exist. Shame.

Laddyboy
Member
Laddyboy

YEP! Maryland is SUPPOSED to be a “may issue” state. However, those LEGAL LAW ABIDING American CITIZENS who LIVE AND WORK in maryland understand that maryland IS a “MAY not ISSUE” state. One has a .001% chance of getting a carry permit – whether it is concealed or NEVER open! I informed the Mayor of maryland that I wanted a carry permit. He referred me to the maryland state police. The man I spoke on the phone with asked if I owned a business. I responded that is irrelevant. His response was, “No business – – means you will not… Read more »

Arny
Member
Arny

I live in PA work in MD Escort oversize loads. The only state that makes me a criminal for exercising my 2A.

noneoftheabove
Member
noneoftheabove

Very noble and glad to see the SAF fighting for Little East Coast Cali. Pray for them a win!