Woollard Case Update April 2nd Injunction-Stay-Appeal

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Apr 2, 2012

Maryland Shall Issue® has received a copy of Judge Legg's order regarding the Woollard case dated March 30th 2012. 

Good News:

Judge Legg has issued an injunction barring Maryland from enforcing Maryland Statue 5-306(a)(5)(ii) requiring Good and Substantial Reason for a handgun carry permit. Maryland cannot require G&S for any application under Judge Legg's order.

Judge Legg has ordered the MSP to process Mr. Woollard's application without G&S being considered. 

Bad News:

Judge Legg has issued a temporary stay of his ruling. This means that the above ruling cannot yet take effect. The temporary stay is designed to give Maryland and SAF time to prepare a formal argument for and against a permanent stay until the 4th Circuit Court of Appeals rules. Unfortunately Maryland is still free to use G&S during the temporary stay. It is not yet known how Maryland will interpret the temporary stay

The final brief is due May 23rd 2012 so we will expect a ruling from Judge Legg after that date on the permanent stay. 

When considering applying for a permit; please remember that nothing is guaranteed while the court case remains open. Applying cannot hurt our cause as the MSP claims 97% of applicants are approved (due to law-abiding citizens knowing they couldn't satisfy the MSP's arbitrary and unjust application of the now-unconstitutional G & S clause and not applying) but make sure that the fee is money you can afford to lose. 

Text of Order:

Judge Legg's Order

 

Maryland Shall Issue® has also received notification that Maryland has appealed the Woollard ruling to the United States Court of Appeals for the Fourth Circuit. 

Notice Of Appeal