aray
05-05-2011, 04:47 PM
Maryland jumps to the front in the CCW RKBA fight for all the marbles?
A bit of history: In 2008 the Supreme Court Heller case decided once and for all that the Second Amendment was a “fundamental” civil right (think First Amendment) that applies to “individuals” (and not to a nebulous state National Guard – it cleared up the meaning of “militia”). However since the lawsuit was filed in the District of Columbia, those on the other side said it did not apply to the states.
The 2010 McDonald SC decision in Chicago extended that same ruling to the states. There is now no question that the 2A applies across the entire US. We now can “keep” arms in our homes thanks to the NRA and the SAF’s lawsuits in these two historic cases, decided by a 5-4 majority.
But what about “bear” arms? Does that mean carry outside of the home? So far the SC has not ruled on this issue and Heller and McDonald were written narrowly to avoid addressing that question.
So, the SAF has been busy filing lawsuits in those remaining 8 states that are “may” issue and those 2 that are “no” issue to force this remaining point to the SC. Maryland, in the Wollard case I mentioned previously (http://kahrtalk.com/showthread.php?p=61099&highlight=wollard#post61099 (http://kahrtalk.com/showthread.php?p=61099&highlight=wollard#post61099)) was one of these SAF lawsuits. Wollard previously had a MD CCW permit but was denied renewal despite the fact that the thug who broke into his home had been released from jail and was living very close to Wollard’s house.
But one case (Williams) just leapfrogged over all the other ones (including Wollard) and is likely the next Heller / McDonald.
In 2008 Maryland convicted Charles Williams of unlawfully carrying and transporting a weapon. Williams, who had no prior criminal history, legally purchased a handgun in the state. He did not apply for a CCW permit because they are virtually impossible to get in this state for “normal” people (and there is a substantial non-refundable application fee to boot to further discourage people from even trying...) A police officer subsequently saw him rummaging through his backpack near some woods and asked him what he was doing. During the questioning Williams admitted to having a gun, which he had just hidden in some bushes (seeing the police officer in the area). He was arrested and convicted for unlawful gun possession. See: http://thedailyrecord.com/2011/01/05/state-handgun-laws-ruled-outside-scope-of-second-amendment/ (http://thedailyrecord.com/2011/01/05/state-handgun-laws-ruled-outside-scope-of-second-amendment/) for more details.
Two days ago, the Williams case got pulled by the SC for “Conference” which means that the SC has agreed to review & discuss the case amongst the justices, and to decide if they want to accept it as a full-blown case. (See http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-1207.htm (http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-1207.htm)) This is the first time a follow-up (to Heller / McDonald) has been accepted by the SC for Conference. Although there is no guarantee the SC will accept the case, it will provide them their first opportunity to expand (or not) the Heller and McDonald decisions and to rule on what “bear” means in “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
Keep your eyes peeled on this one. It will affect everyone who might chose to travel through the 10 remaining states where your 2A carry rights are not honored. Conversely if we lose it, even the 40 states are subject to rolling your CCW laws back, if the political winds blow the wrong way in the future. This case may decide everything, once and for all. Let's hope it goes through while we still have this same 5-4 2A majority...
A bit of history: In 2008 the Supreme Court Heller case decided once and for all that the Second Amendment was a “fundamental” civil right (think First Amendment) that applies to “individuals” (and not to a nebulous state National Guard – it cleared up the meaning of “militia”). However since the lawsuit was filed in the District of Columbia, those on the other side said it did not apply to the states.
The 2010 McDonald SC decision in Chicago extended that same ruling to the states. There is now no question that the 2A applies across the entire US. We now can “keep” arms in our homes thanks to the NRA and the SAF’s lawsuits in these two historic cases, decided by a 5-4 majority.
But what about “bear” arms? Does that mean carry outside of the home? So far the SC has not ruled on this issue and Heller and McDonald were written narrowly to avoid addressing that question.
So, the SAF has been busy filing lawsuits in those remaining 8 states that are “may” issue and those 2 that are “no” issue to force this remaining point to the SC. Maryland, in the Wollard case I mentioned previously (http://kahrtalk.com/showthread.php?p=61099&highlight=wollard#post61099 (http://kahrtalk.com/showthread.php?p=61099&highlight=wollard#post61099)) was one of these SAF lawsuits. Wollard previously had a MD CCW permit but was denied renewal despite the fact that the thug who broke into his home had been released from jail and was living very close to Wollard’s house.
But one case (Williams) just leapfrogged over all the other ones (including Wollard) and is likely the next Heller / McDonald.
In 2008 Maryland convicted Charles Williams of unlawfully carrying and transporting a weapon. Williams, who had no prior criminal history, legally purchased a handgun in the state. He did not apply for a CCW permit because they are virtually impossible to get in this state for “normal” people (and there is a substantial non-refundable application fee to boot to further discourage people from even trying...) A police officer subsequently saw him rummaging through his backpack near some woods and asked him what he was doing. During the questioning Williams admitted to having a gun, which he had just hidden in some bushes (seeing the police officer in the area). He was arrested and convicted for unlawful gun possession. See: http://thedailyrecord.com/2011/01/05/state-handgun-laws-ruled-outside-scope-of-second-amendment/ (http://thedailyrecord.com/2011/01/05/state-handgun-laws-ruled-outside-scope-of-second-amendment/) for more details.
Two days ago, the Williams case got pulled by the SC for “Conference” which means that the SC has agreed to review & discuss the case amongst the justices, and to decide if they want to accept it as a full-blown case. (See http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-1207.htm (http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-1207.htm)) This is the first time a follow-up (to Heller / McDonald) has been accepted by the SC for Conference. Although there is no guarantee the SC will accept the case, it will provide them their first opportunity to expand (or not) the Heller and McDonald decisions and to rule on what “bear” means in “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
Keep your eyes peeled on this one. It will affect everyone who might chose to travel through the 10 remaining states where your 2A carry rights are not honored. Conversely if we lose it, even the 40 states are subject to rolling your CCW laws back, if the political winds blow the wrong way in the future. This case may decide everything, once and for all. Let's hope it goes through while we still have this same 5-4 2A majority...