Lawyers say gun ruling likely to withstand appeal
Federal judge struck down Maryland carry-permit law
By Tricia Bishop
, The Baltimore Sun 10:12 p.m. EST, March 6, 2012
Constitutional lawyers said Tuesday that a recent federal court decision overturning a portion of Maryland's gun-control law will likely be upheld on appeal and called the ruling groundbreaking given the liberalism of the state from which it came.
"The reason there are very few rulings like this is because there are very few states like Maryland ... that would ever impose a rule like" the "good and substantial reason," said Michael I. Krauss, a professor at the George Mason
University School of Law in Arlington, Va.
Graber found at least one flaw in the ruling that could provide grounds for appeal, but he doesn't expect the decision to be overturned. The 4th Circuit Court of Appeals said in a 2010 ruling that the Second Amendment likely extends outside the home, he said, and the U.S. Supreme Court
may not be ready to take on the issue.
"The [high] court doesn't usually take the first case that comes along," Graber said. "The court likes to see a number of these cases bubble up ... to get a sense of the full range."