Federal Judge Says Gun Owners Need not Provide ‘Good Reason,’ Rules Maryland Law Unconstitutional
- Posted on March 5, 2012 at 6:02pm by
Tiffany Gabbay
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On Monday a Federal judge ruled that Maryland residents do not have to provide a “good and substantial reason” to legally own a handgun, striking down the state’s current requirement for obtaining a permit as unconstitutional.
According to Fox News, U.S. District Judge Benson Everett Legg wrote that while states are allowed some leeway in deciding the way residents exercise their Second Amendment rights, Maryland’s goal was to limit the number of firearms that individuals could carry. He felt the state was essentially creating a rationing system that only rewarded people who provided the right reason as to why he or she wanted 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.”
Fox explains:
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 Woollard’s attorney Alan Gura, who Fox reports 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.”
He added, “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.’”
SAF founder and Executive Vice President Alan M. Gottlieb affirmed ”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.”
“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,” he added.
Fox adds:
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.”
(h/t: Fox News)
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Comments (67)
Razorhunters
Posted on March 5, 2012 at 7:14pmJJ Johnson speaks to Senate about militia (1 of 3)
Report Post »http://www.youtube.com/watch?feature=player_detailpage&v=bew_9GeuGA4
Wolf
Posted on March 5, 2012 at 10:24pmWhat does Santorum think about the Second Amendment? What has his past stance been on the Second Amendment? What has Santorum’s stance been on the Constitution and the BoR?
Report Post »Anyone who thinks Santorum is pro-America had better learn the answers. As Glenn says: do your own research.
txbigfoot
Posted on March 6, 2012 at 2:24pmyour trying to start something… you need to read before you post..an d your candidtate, RP i snot going to place.
Santorum: I will defend the 2nd Amendment
Human Events ^ | 02/21/12 | Rick Santorum
Posted on Tuesday, February 21, 2012 9:15:34 PM by writer33
Coming from Pennsylvania, a state with a rich heritage of hunting and fishing, I understand firsthand the importance of preserving our constitutionally protected rights found in the second Amendment.
I fight to preserve this tradition, and will work to ensure these rights are not infringed upon.
As a Senator, I opposed frivolous lawsuits against the gun industry by supporting legislation, such as the Protection of Lawful Commerce Act that would protect law abiding firearms manufacturers and dealers from frivolous lawsuits attempting to hold them liable for criminal acts of third parties.
I also vehemently opposed the Assault Weapons Ban because I believe that there are more effective ways to stop gun violence, such as stricter enforcement of existing laws, than taking away the rights of law abiding gun owners.
Report Post »americathebankrupt
Posted on March 5, 2012 at 7:08pmJudge My ReasonIs YOU!
Report Post »pothos42
Posted on March 5, 2012 at 6:56pmAnyone know how long this idiotic bill was on the books? Maybe we should require progressive political candidates to have a “good and substantial reason” before we allow them to run for public office. We’d never have another liberal in office.
Report Post »The Voice of Libertarian Reason
Posted on March 6, 2012 at 10:24amThere is a similar requirement in Massachusetts… hopefully this “case law” can be used to over turn it.
Also Police Chiefs (the issuing authority) have the right to impose restrictions on a license. 90% of the LTCs (License to Carry Permit) issues in my town are restricted to “Target and Hunting”. Meaning you are only allowed to carry on your way to and from target practice and hunting. However, it is illegal to be in possesion of a pistol while hunting in MA. Suddenly a license to CARRY becomes a way for the police chief to know who in his town owns firearms.
When will people wake up and realize what is happening around us?
Report Post »OklahomaBound
Posted on March 6, 2012 at 2:19pmIt would be easy to come up with a good excuse for a gun; So I can shoot people who try to take away my second amendment rights. So I can shoot liberals who try to take what is mine. So I can fight against enemies foreign and domestic (liberals). Pick one, they’re all legitimate.
Report Post »SoCtNights
Posted on March 6, 2012 at 3:35pmI recommend ALL elected officials, state and federal, be inducted into their state’s national guard or the military branch of their choice…until they leave office. And yes…they are subject to deployment to a zone of conflict.
Report Post »Razorhunters
Posted on March 5, 2012 at 6:46pmShe’s Got “American” Ba lls: Tells the Senate what guns are for. (Monkart)
Report Post »http://www.youtube.com/watch?feature=player_detailpage&v=9ZDHUKos2pM
Razorhunters
Posted on March 5, 2012 at 6:57pmSenate Terrorism Subcommittee American Militia (1995) 5/10
Report Post »http://www.youtube.com/watch?v=XrlMHotQ3×8&feature=related
EchoHawk
Posted on March 5, 2012 at 6:44pmThere’s all kinds of sneaky language like “good reason” in applications for permits to carry firearms. Unfortunately law enforcement agencies responsible for processing applications are aware of the legislative attempts to curb 2nd Amendment rights and cooperate with them either directly or indirectly, LEO‘s don’t necessarily want to see anyone with a firearm legal or not.
Report Post »Wolf
Posted on March 5, 2012 at 10:36pm“…Many states require gun permits, but six states, including Maryland, issue permits on a discretionary basis…”
Report Post »Which of these states is following the Constitution, especially the Bil of Rights, Second Amendment?
What part of ‘shall not be infringed’ do they not understand?
And that POS governor dayton in MN has just vetoed a Castle Doctrine Bill in MN…
JJBlazeReader
Posted on March 5, 2012 at 6:43pm..
This is the difference between “shall issue” versus “may issue”. The Federal Judge sided with “shall issue”.
Oh Mayor Bloomberg – this may be coming to your town soon!
..
Report Post »hidden_lion
Posted on March 6, 2012 at 7:56amThe whole permit thing is unconstitutional. I have a right keep and BEAR arms. Are they going to require permits to speak and to attend church as well?
Report Post »cherishedemblems
Posted on March 5, 2012 at 6:40pmBam!! My gun just went off!
Report Post »NancyBee
Posted on March 5, 2012 at 9:48pmAre you okay?
Report Post »progressiveslayer
Posted on March 5, 2012 at 6:38pmSounds like the judge interpreted the second amendment correctly,too bad we don’t have more judges like this one.I still maintain every ‘gun law’ passed since the second amendment is unconstitutional based on original intent by the framers.There’s nothing in the second amendment that says we have to get a permit from government or anyone else for that matter to own a firearm.
Report Post »vickigh
Posted on March 5, 2012 at 8:26pmAgreed. Why do we need a permit to exercise a right? To do so is to convert the right into a privilege. Now let us look at voting. Some claim it is a right but I don’t see it in the Constitution. Well it may be hiding in the 9th but such an important ability you would think the founders would have placed it in the Constitution directly. Can you imagine how the left would react if we required a “may issue” permit to vote? Or any permit at all? Yet I maintain that more damage is done to society by poor uninformed voting then all the illegal uses of guns.
Report Post »NancyBee
Posted on March 5, 2012 at 9:49pmThank you Judge Legg……for doing the right thing!
Report Post »Wolf
Posted on March 5, 2012 at 10:49pmWrong, Progressive- what part of “Shall not be infringed” don’t YOU understand?
Report Post »SERUM
Posted on March 5, 2012 at 6:38pmThe 2nd Amendment…America’s 1st insurance policy!
Report Post »oldguy49
Posted on March 5, 2012 at 6:48pmi agree ……..and i am buying more ammo to extend that policy
Report Post »fixer
Posted on March 5, 2012 at 7:49pmDitto oldguy!!
Report Post »OklahomaBound
Posted on March 6, 2012 at 2:23pmLiberals don’t want law abiding citizens to have guns because it results in more dead criminals which means fewer liberal voters.
Report Post »Razorhunters
Posted on March 5, 2012 at 6:37pmthe 2nd says one can carry it anytime…
Report Post »SERUM
Posted on March 5, 2012 at 6:33pmThe review boards’ decision has as much bearing as not allowing locks on your front door! Has anyone of these members had a break-in at their house?..then why do they have locks on the front door if that’s their way of thinking…
Report Post »SpankDaMonkey
Posted on March 5, 2012 at 6:33pm.
Report Post »I bet that’s just like giving Barry a “Wedgie!”……..WTG Judge……….
momprayn
Posted on March 5, 2012 at 6:32pmSee – I told you miracles happen!
Report Post »So surprisingly nice to hear some common sense constitutional rulings from a non-activist liberal enemy of the people judge. Please, let there be more………..especially when it comes to Obamacare.
DIVINEPROVIDENCE1776
Posted on March 5, 2012 at 6:25pmWilliam Blackstone, whose Commentaries on the Laws was the most influential legal commentary in American jurisprudence when the Second Amendment was framed, said that “citizens” have “the right of having and using arms for self-preservation and defense.”
Report Post »getourcountryback
Posted on March 5, 2012 at 6:25pmWell at least there is still one judge that reads and upholds the constitution and the bill of rights.
Report Post »AJAYW
Posted on March 5, 2012 at 6:38pmAmen to that
Report Post »Jenny Lind
Posted on March 5, 2012 at 7:17pmWish they were all like this judge, he is a good man and a constitutional judge
Report Post »marcus_arealius
Posted on March 5, 2012 at 6:24pmWant reasons? Here are some reasons -
Tyrannical government
Muslims
Hollywood perverts on crack
Union thugs
and that’s just a start.
Report Post »00gabooga
Posted on March 5, 2012 at 6:38pmAs of this president, isn’t Tyrannical Government and Muslims the same thing?
Report Post »chips1
Posted on March 5, 2012 at 6:20pmI’m sure Obama packs. Oh! They said guns. I thought they said buns!!! My bad!!!
Report Post »Mark0331
Posted on March 5, 2012 at 6:20pmOutstanding decision….MOLON LABE
Report Post »DIVINEPROVIDENCE1776
Posted on March 5, 2012 at 6:27pmHad to look that up! I like!
Report Post »Rebltea
Posted on March 5, 2012 at 6:18pmI don’t need a reason, none whatsoever, none!!! Stop Treading on Me!
Report Post »RepubliCorp
Posted on March 5, 2012 at 6:47pmQ) Reason?
Report Post »A) So that some government fool doesn’t piss in my cornflakes (reason enough)
Pigpen
Posted on March 5, 2012 at 6:17pmWhy is the first amendment so sacred that the US Congress can’t outlaw flag burning, but the second amendment is so profane that the City of Cincinnati can pass gun laws? Its either ALL of the Bill of Rights, or NONE OF IT!
Hey richie puke bags, you can take away OUR firearms the same day the police can crack YOUR hippie offspring in the head for burning the US Flag…
Report Post »Jynko
Posted on March 5, 2012 at 11:24pmBecause progressives hate the US and lead poisoning.
Report Post »The American People
Posted on March 5, 2012 at 6:08pmAwwwwww too bad, the liberals attempt at destroying the constitution failed. Law or not, I’m second ammendment. No matter what. I use it on anyone that tries to take it away from me as well.
Report Post »jakartaman
Posted on March 5, 2012 at 6:08pmHey Judge,
Report Post »How about we need them to protect ourselves from liberal unconstitutional judges
I believe that was the intent of our founding fathers – that if our government got too tyrannical we could revolt.
Its dopes like you that would be pushing Americans in that direction – along with the Divider In Chief
jakartaman
Posted on March 5, 2012 at 6:10pmSorry judge – I take it all back
Report Post »you my hero!!
Smokey_Bojangles
Posted on March 5, 2012 at 7:18pmThe need an option to remove your own posts in such situations,dont they? hahahah
Report Post »randy
Posted on March 5, 2012 at 6:08pmNext step, NYC!
Report Post »MAFDSF39
Posted on March 5, 2012 at 11:18pmNo, next stop Kalifornia.
Report Post »Baddoggy
Posted on March 5, 2012 at 6:06pmOil is about to go to 400.00 a barrel. That is a good reason.
We have a Marxist as President…that is a good reason.
We have drug dealers on the streets…that is a good reason.
Heck i could do this all day long…
But the Judge was right. I am sure he had better get a food taster and security guards…
Report Post »marthasusan40
Posted on March 5, 2012 at 6:06pmI recently obtained a permit to carry a gun in the State of PA…thought I better hurry up before it might not be an option…I suggest my fellow conservative Americans do the same..
Report Post »Beckofile
Posted on March 5, 2012 at 6:16pmOoppps, Your first on the list. If they show up to take your gun make sure to give them the ammo first.
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