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You are here: Home / Gun Rights / Second Amendment Foundation Suing Maryland For Refusing to Issue CCW Permits

Second Amendment Foundation Suing Maryland For Refusing to Issue CCW Permits

November 19, 2020 By David Bronson 8 Comments

Courtesy Maryland Shall Issue

Maryland’s “May Issue” concealed carry law means “maybe when pigs fly.” Time to change that.

Here’s an example of why “may issue” concealed-carry permit laws may as well be considered concealed-carry bans: Maryland. Although its laws state that it’s possible to get a CCW, in practice the state basically will not issue you a permit unless you are actively being murdered. Citizens’ lobbying groups haven’t been able to change that; pro-Second Amendment direction from the Supreme Court hasn’t been able to change that. Now, the Second Amendment Foundation (SAF) is rolling up its sleeves to try to change “may issue” (which means “maybe someday if we feel like it, and we won’t”) to “shall issue” (which means “The Right to Keep and Bear Arms Shall Not Be Infringed”).

How are they doing that? A lawsuit.

The Second Amendment Foundation is suing the state of Maryland in a federal challenge of Maryland’s prohibitive concealed carry regulations. How prohibitive are they? Remember our little joke in the last paragraph about needing to prove that you are actively being murdered? That wasn’t much of a joke. The lawsuit shows that Maryland’s requirement that applicants for carry permits must provide documented evidence of concrete threats or recent assaults to obtain a permit, otherwise known as the “good and substantial reason” excuse for not approving the application.

The Second Amendment Foundation isn’t just suing Maryland because the “good and substantial reason” is (and always has been) the existence of the Second Amendment. The Second Amendment Foundation is also suing Maryland because the state’s practice of routinely denying CCW permits to law-abiding citizens has had what’s called a “chilling effect” on gun rights in the state.

The “Chilling Effect”

As they note in the lawsuit, “Only a tiny fraction of a percent of Maryland citizens are able to obtain permits to carry handguns, and indeed, most people simply never apply at all because it is well known throughout the State that the ‘good and substantial reason’ standard effectively renders the process an exercise in futility for all ordinary law-abiding citizens, thus further chilling and denying exercise of the right.” It amounts to an unconstitutional regulatory scheme.

“Anti-gun Maryland officials have been using this dodge for years,” said SAF founder and Executive Vice President Alan M. Gottlieb. “By setting this arbitrary standard, state bureaucrats have been routinely denying Maryland citizens their right to bear arms. The state cannot be allowed to continue this discriminatory practice because it essentially gives public officials the power to deny someone’s fundamental, constitutionally-protected rights on a whim.”

Keep an eye out

The Firearms Policy Coalition, the Citizens Committee for the Right to Keep and Bear Arms, Maryland Shall Issue, Inc., and three private citizens all joined SAF in the suit. Named as defendants are State Police Secretary Woodrow Jones III and Maryland Attorney General Brian Frosh, in their official capacities. The case is known as Call, et.al. v. Jones et. al. SAF and CCRKBA are represented by the Washington, DC law firm Cooper & Kirk.

Cases like these are never decided quickly. They wend their way through the courts over months–even years–before they can make a real difference (if ever). Still, we here at Freedom’s Lodge offer a hearty round of applause for every effort to increase firearms freedom everywhere in America.

 

David Bronson

Filed Under: Gun Rights Tagged With: Alan Gottlieb, CCW, concealed carry, David Bronson, Gun rights, may issue, onerous laws, SAF, Second Amendment Foundation, Self-defense, shall issue, suing Maryland

Reader Interactions

Comments

  1. Justin A says

    November 29, 2020 at 3:04 pm

    Same thing going on here in Hawaii.

    Reply
  2. Jack Wojcik says

    November 20, 2020 at 10:48 am

    This is outranges, what is happening in Maryland. I live in South Carolina. Two States away, or about 500 Miles. I’m worried, that this unfair practice will came my way soon. Lefty Democrats are already promising extreme gun controls to us. Those Lefty Democrats are very dangerous to Second Amendment, since Biden and Harris already is giving them seats in the new government. I’m a gun owner and conceal carry permit user. Do to my illness, which put me in a wheelchair, my family and I really on my guns for safety and protection. Don’t forget, if you call the Police about, let’s say home invasion in progress, it will take around fifteen minutes for them to respond. Your whole family can be death by then. That is why we have to fight for Second Amendment, for our right to bury and carry guns. Second Amendment is not a violent creation of the Republicans, crazy Southerners, violent individuals, etc. Second Amendment is for us to save life’s from this World in chaos, and vicious people. We have to protect it at all cost. Jack.

    Reply
  3. JonsOn says

    November 20, 2020 at 10:40 am

    If the Supreme Court were to overturn Maryland’s draconian CCW requirements they should also overturn every other state that does the same such as California. I lived in California for 55 years and knew only one person who got a CCW. His son worked for the county’s DA office. I move to Arizona and not only do I know more people who have a CCW but there are a lot of people open carrying in this state. Now that is freedom!

    Reply
    • Jack Wojcik says

      November 20, 2020 at 11:02 am

      Hello. I just posted reply to this scandal in Maryland. As I mention before, I live in South Carolina, in Greenville. I’m respectful and law obeying citizen. When I applied for my first permit to own a gun, my gun shop got respond from the state within minutes. Approving my request. In order to obtain a conceal carry permit, I went to a mandatory eight hour training. I had to pass few test and also target shooting. The State of South Carolina sent me my conceal carry permit in a month. I carry my gun all the time, since being a handicapped, I’m a easy target. I never used or show my gun, without a major reason and danger. Knowing that I can protect myself and my loved once’s, making me feel a lot more psychologically stable, making me feel proud, that people around me are safe.

      Reply
  4. Robert Banks says

    November 20, 2020 at 9:46 am

    Follow the money.

    Reply
  5. Bob Ratliff Jr says

    November 20, 2020 at 7:03 am

    It’s a travesty, it takes so long for a court to affirm, a Citizen’s 2nd Amendment Right, To Keep & Bear Arms!

    Reply
  6. Mark says

    November 20, 2020 at 5:40 am

    I noticed the NRA is not involved in helping

    Reply
  7. KC says

    November 19, 2020 at 12:17 pm

    Unless you’re a gang banger i. Baltimore. Then feel free to do whatever you want with no consequences.

    Reply

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