Wow! A momentary suspension of the insanity.
This is a discussion on Victory in Maryland! within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Wow! A momentary suspension of the insanity....
Wow! A momentary suspension of the insanity.
"A man's got to know his limitations." Inspector Harry Callahan
Federal judge says gun owners need not provide 'good reason,' rules Maryland law unconstitutional
Published March 05, 2012 | FoxNews.com
BALTIMORE – Maryland residents do not have to provide a "good and substantial reason" to legally own a handgun, a federal judge ruled Monday, striking down as unconstitutional the state's requirements for getting a permit.
U.S. District Judge Benson Everett Legg wrote that states are allowed some leeway in deciding the way residents exercise their Second Amendment right to bear arms, but Maryland's objective was to limit the number of firearms that individuals could carry, effectively creating a rationing system that rewarded those who provided the right answer for wanting to own a gun.
"A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights," Legg wrote. "The right's existence is all the reason he needs."
Plaintiff Raymond Woollard obtained a handgun permit after fighting with an intruder in his Hampstead home in 2002, but was denied a renewal in 2009 because he could not show he had been subject to "threats occurring beyond his residence."
Woollard appealed, but his appeal was rejected by the review board, which found he hadn't demonstrated a "good and substantial reason" to carry a handgun as a reasonable precaution. The suit filed in 2010 claimed that Maryland didn't have a reason to deny the renewal and wrongly put the burden on Woollard to show why he still needed to carry a gun.
"People have the right to carry a gun for self-defense and don't have to prove that there's a special reason for them to seek the permit," said his attorney Alan Gura, who has challenged handgun bans in the District of Columbia and Chicago as an attorney with the Second Amendment Foundation. "We're not against the idea of a permit process, but the licensing system has to acknowledge that there's a right to bear arms."
In his ruling, Legg wrote that Second Amendment protections aren't limited to the household.
"In addition to self-defense, the (Second Amendment) right was also understood to allow for militia membership and hunting. To secure these rights, the Second Amendment's protections must extend beyond the home: neither hunting nor militia training is a household activity, and 'self-defense has to take place wherever (a) person happens to be,'" Legg wrote.
"Judge Legg's ruling takes a substantial step toward restoring the Second Amendment to its rightful place in the Bill of Rights and provides gun owners with another significant victory," said SAF founder and Executive Vice President Alan M. Gottlieb. "The federal district court has carefully spelled out the obvious, that the Second Amendment does not stop at one's doorstep, but protects us wherever we have a right to be."
The lawsuit names the state police superintendent and members of the Handgun Permit Review Board as defendants. A spokesman from Maryland's attorney general's office was not immediately available to comment.
Many states require gun permits, but six states, including Maryland, issue permits on a discretionary basis, Gura said. In most of those states, these challenges have not succeeded in U.S. District Courts, but they are being appealed, he said.
"Most states that choose to regulate the right to bear arms have licensing systems that are objective and straightforward," Gura said. "That's all that we want for Maryland."
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Wow,, hopefully this will spawn a firestorm across the country of similar victories.
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Well, I think this is the third thread going now about this, but Yey! Good for Marylanders
That's outstanding. Too early to know if Maryland will appeal it. I like the judges logic - you don't have to demonstrate a "reason" to exercise a "right".
"A fear of weapons is a sign of retarded sexual and emotional maturity"Sigmund Freud
This is indeed good news... Thanks for sharing
"The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose."
-James Earl Jones
I wouldn't be surprised if there was substantial pressure from other discretionary states not to appeal. As the ruling stands now it would only apply to Maryland. Should the case make it to the USSC and they hand down the same ruling, it would apply to the entire US. New York, New Jersey, Massachusetts, Hawaii, California, Rhode Island, and anyone else I am missing out that isn't shall-issue won't like that much.
"The Engine could still smile...it seemed to scare them" -Felix
"Plaintiff Raymond Woollard obtained a handgun permit after fighting with an intruder in his Hampstead home in 2002, but was denied a renewal in 2009 because he could not show he had been subject to 'threats occurring beyond his residence.' "
Even threats inside his residence could still be a major problem for him without the CCW; without it, coming home he is not legal to be carrying, then he comes inside and gets shot for following the law. STUPID law, I am glad it was struck down!
Anti-gunners seem to believe that if we just pass enough laws, we can have utopia. Unfortunately, utopia is NOT one of our choices.
Lets watch and see how the news media in Maryland whines about that ruling.
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I really hope the citizens of Maryland are granted the right of self defense. I also hope Maryland will one day reciprocate with other states so I can visit.
I feel like I've missed something. That article makes it sound like people in Maryland need a permit to own a handgun. Well this isn't true, I've bought a couple with out the need for anything more than federal and state paperwork and the required day wait, no permit (like NJ or NYC).
The ruling is supposed to hopefully provide for us normal Marylanders to be able to get a CC permit with out having to carry massive amounts of money, or kiss some politicians butt. Sadly I'll believe it when I feel I can apply and get a permit, right now I can apply and will be just making a $100+ donation to the State treasury.
EOD - Initial success or total failure
So what's next? Will MD appeal the decision or will we see real change?
Yeah I'm with rstickle. This is potentially great news, but I'll believe it when I have a MD CC permit in my hands.
We'll have to wait & see how this 'translates' in the end.
"Historical examination of the right to bear arms, from English antecedents to the drafting of the Second Amendment, bears proof that the right to bear arms has consistently been, and should still be, construed as an individual right." -- U.S. District Judge Sam Cummings, Re: U.S. vs Emerson (1999)