Tuesday, March 6, 2012

A Small and Temporary Gun-Rights Victory in Maryland


A federal judge has ruled that the Second Amendment right to bear arms is not limited to the home and Maryland’s handgun permit law is unconstitutional.

In an opinion filed Monday, U.S. District Judge Benson Everett Legg says a requirement that residents show a “good and substantial reason” to carry a handgun infringes on people’s rights.

Plaintiff Raymond Woollard obtained a handgun permit after fighting with an intruder in his home in 2002, but his renewal was denied in 2009 because he could not show he was subject to “threats occurring beyond his residence.”

The Second Amendment Foundation, which brought the suit on Woollard’s behalf, calls the ruling a major victory. The Brady Center to Prevent Gun Violence says it goes out of the norm and will likely be reversed.
What do you think? Is the judge stretching the reasonable meaning of "infringes on people's rights," when he applies it to this? Didn't the Supreme Court rule that the 2nd Amendment right applies to the home?

Please leave a comment.

4 comments:

  1. "What do you think? Is the judge stretching the reasonable meaning of "infringes on people's rights," when he applies it to this? Didn't the Supreme Court rule that the 2nd Amendment right applies to the home?"

    First of all I don't think this is a "small victory" but will have a direct impact on all of the "may issue" states. But if you want to spin it that way, fine. We're still WINNING.

    As far as the home part, remember there is a "bear" part in the "Keep and Bear Arms."

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  2. Remember that it took a case of a total handgun ban working its way through the courts to get to Heller and McDonald. This could provide an important ruling that carrying a handgun is also a right.

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  3. 40 states "shall issue" and counting.

    Maryland will appeal.

    Maryland will lose.

    And then on to New York, New Jersey, California and Illinois.

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    1. Depending on the nature of the ruling, those other states could get smacked along with Maryland. After all, the Supreme Court already incorporated the Second Amendment, meaning that it applies to the states. Finding a basic right to carry would also apply.

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