Maryland's handgun permit law found unconstitutional

[JuergenG]

http://baltimore.cbslocal.com/2012/03/05/m...constitutional/

"A federal judge has ruled that 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 their Second Amendment right to bear arms. He says it isn’t sufficiently tailored to the state’s public safety interests."

Emphasis by me.

[EJER Fuchs]

Chipping away at the obstructions, one state at at time.

[Boule]

And as to where the lawsuit originated from:

Second amendment foundation

And it is already being appealed by the MD Attorney general

http://www.wtop.com/?nid=46&sid=2773265

[JuergenG]

The latter was to be expected. I wonder how long it will take the 4th Circuit to rule and

what their opinion will be.

[Boule]

The latter was to be expected. I wonder how long it will take the 4th Circuit to rule and

what their opinion will be.

Well, the original lawsuit took about a year and a half.... think in terms of the same time here. I'll let you know once they schedule the first hearing.

[JuergenG]

Thanks for the offer, but I'll find this out soon enough through my buddies on your side of the pond

[Boule]

Thanks for the offer, but I'll find this out soon enough through my buddies on your side of the pond

Yeah, don't worry. Getting that stuff over three different email lists all the time. Living in MD helps a little ;-)

[JuergenG]

My updates usually origin in the People's Republic of Mass.

[Boule]

OK, brief update that did no go through the PR of M.sshole first:

- officials claim there is no "need" for a common license since they are approving 95+% of all applications anyways. Of course noone applies when you are bound to be turned down. So right now a few hundred individuals are sending in CCW permit applications to make a point.

- The AG has requested a stay, basically no change permit processing procedure until the appeal has been heard court document

- media coverage is generally neutral to positive example

[EJER Fuchs]

MORE interesting developments from the 4th Circuit:

While it is true that the Fourth Circuit has so far stopped short of expressly recognizing a Second Amendment right to keep and bear arms outside the home,5 this Court has no such hesitation. The Supreme Court itself has acknowledged a Second Amendment right to protect oneself not only from private violence, but also from public violence. See Heller, 554 U.S. at 594 (stating that, by the time of the founding, the right to have arms was “fundamental” and “understood to be an individual right protecting against both public and private violence.”). The Heller Court additionally mentioned militia membership and hunting as key purposes for the existence of the right to keep and bear arms. See id. at 598. Confining the right to the home would unduly eliminate such purposes from the scope of the Second Amendment’s guarantee. Furthermore, the Court finds entirely persuasive Judge Niemeyer’s separate opinion as to Part III.B. in Masciandaro, 638 F.3d at 467-68 (Niemeyer, J., writing separately as to Part III.B.). There, Judge Niemeyer makes several observations drawn from the text of the Supreme Court’s opinion in Heller, including those mentioned above.

But wait; there's more:

Fn. 7. The fact that courts may be reluctant to recognize the protection of the Second Amendment outside the home says more about the courts than the Second Amendment. Limiting this fundamental right to the home would be akin to limiting the protection of First Amendment freedom of speech to political speech or college campuses.

http://ia600802.us.archive.org/22/items/go...3229.2906.0.pdf

Chip. Chip. Chip.

[JuergenG]

Luckily, there seems to be positive movement, although veeeery slowly.

Thanks a lot for keeping us in the loop.

[JuergenG]

A bit quicker than expected: Maryland ordered to "shall issue"

http://www.marylandshallissue.org/share/order.stay.pdf

http://us4.campaign-archive1.com/?u=f9a3fb...p;id=37d8c30330

[EJER Fuchs]

This case - most specifically, the lifting of the order on Monday - was included in an amicus brief that Commonwealth Second Amendment (a MA firearms rights group that works w/SAF) hopes to file next month.

[Boule]

The Federal 4th Circuit Court in Richmond has granted the State's request for a stay of the Maryland District Court's order setting aside the requirement for a "good and substantial" reason for a handgun carry permit in Maryland.

OK, looks like there will be no chance to get shall-issue until this is through the courts. So far they just jumped the district court and appealed for a stay to the ciricut court - and will continue to find ways to delay and appeal until this ends up at the highest level.

[JuergenG]

So far they just jumped the district court and appealed for a stay to the circuit court - and will continue to find ways to delay and appeal until this ends up at the highest level.

Just typical for the anti crybabies

[Boule]

Well, the only good news is that while the stay for appeal was granted, we also got a expedited hearing - meaning that the court will hear the arguments by Oct. 23rd.

[JuergenG]

Yep, I just saw that. Historically the 4th circuit seems to be rather "conservative", which might not help MD's case.

Nothing wrong with that, IMHO.