(Maryland) Whalen (MSI) v Handgun Permit Review Board (MD state court, may-issue carry)

Discussion in 'National Laws, Bills and Politics' started by tmoore912, Sep 18, 2019.

  1. tmoore912

    tmoore912 Just a Man

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    A brief has been filed in the Maryland Court of Special Appeals. It contends the state's laws are unconstitutional and have been superseded by other case precedents.

    The brief was filed by Maryland Shall Issue, Inc., a gun rights organization.

    ARGUMENT

    I. THE GOOD AND SUBSTANTIAL REASON REQUIREMENT IMPOSED BY MD CODE, PUBLIC SAFETY SECTION 5-306, IS UNCONSTITUTIONAL UNDER THE SECOND AMENDMENT
    A. Appellant Has Not Forfeited The Constitutional Issues
    B. The Second Amendment Applies Outside the Home
    C. The Proper Test For Assessing The Constitutionality Of A Statute Under the Second Amendment Is Whether The Statute’s Restrictions Are Supported By “The Text, History and Tradition,” The Test Actually Adopted in Heller

    II. MARYLAND CASE LAW ADDRESSING THE “GOOD AND SUBSTANTIAL REASON” STANDARD HAS BEEN SUPERSEDED BY HELLER AND McDONALD

    Documents can be found here - https://www.marylandshallissue.org/jmain/documents
     
  2. tmoore912

    tmoore912 Just a Man

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    Last edited: Sep 18, 2019

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    That is horrible audio quality!