Md. Gun Law Found Unconstitutional

[jgreiner]

Md. Gun Law Found Unconstitutional

Another victory over bad gun control laws. This one made you show a cause for NEEDING a CCW permit.

 

[IndyDave1776]

The ruling makes perfect sense. How can something be said to be a right if you have to justify it to the state's satisfaction in order to do so.

 

[WC Deer Hunter]

Md. Gun Law Found Unconstitutional

Another victory over bad gun control laws. This one made you show a cause for NEEDING a CCW permit.

So does this mean they will now become a "shall issue state" instead of a "may issue state"? If not their rights are stil being infringed upon.

 

[CarmelHP]

Md. Restriction struck on 2nd Amendment grounds

I haven't been able to read the decision yet, but this sounds like very good news, a permitting restriction struck down on 2nd Amendment grounds by a district court.


Md. Gun Law Found Unconstitutional « CBS Baltimore

 

[jgreiner]

The ruling makes perfect sense. How can something be said to be a right if you have to justify it to the state's satisfaction in order to do so.

I think the city of Hammond Indiana needs to take note of this.

 

[RoyalTenenbaum]

Congrats to the Honorable Legg for restoring sense to "common sense." I never ever ever ever thought I would see a decision like this come out of Maryland!

 

[canav844]

I wonder if it will be appealed?

If so then it goes to the 4th district. There would be a fair chance of it being upheld there.

Conflicting Rulings about the permit process between the 4th and 2nd Districts (from a NY case thats already hit the Federal Appellate level decision); could make for an interesting scenario of SCOTUS hearing the cases together for a decision; that could put an end to quite a few of the problematic laws; at least in MY, NY, MA, NJ and I believe CT. Wouldn't fix the permit to own problem, but it may fix the may issue problem. And if it got that far it would be at least two years away; but would indeed make the Presidential and Senate elections very critical to the SCOTUS representation of political beliefs.

Regardless, a win is a win and I hope MD residents can take advantage of this and get permitted, owning and carrying in large numbers very soon.

 

[Kirk Freeman]

I wonder if it will be appealed?

That would be very likely.

 

[IN_Sheepdog]

The guy's attorney was Alan Gura. (Heller and McDonald fame...) For those of you that missed it, he (Gura) just spoke a few weeks ago at Valpo Law School. Very interesting presentation...

 

[mrjarrell]

So, where was the NRA? Looks like the SAF is still leading the fight. Good for Gura and Maryland.

 

[Kirk Freeman]

So, where was the NRA?

In the 5th Circuit creating the anvil for the hammer.

 

[Kirk Freeman]

Better question: where was SAF in the 5th Circuit?

 

[hoosierdoc]

my desire to carry a gun is directly proportional to how close to DC I am. Marylander's need to defend themselves. Could you just show a google map from your house to DC as a reason to get a permit? Good news, maybe it'll let other courts follow suit.

 

[24Carat]

Good news, maybe it'll let other courts follow suit.

I agree. The door is now cracked open.

 

[GodFearinGunTotin]

“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.”

Maybe it's just me, but this sentence seems contradictory. If there's a right, then why in the world must there be a process to permit it? I guess they're basing this on all the other rights I have to get permission to exercise, like......um...ahhhh........

 

[nickbaker76]

anyone know if Indiana is closer to passing Montanas gun style build law

I was reading an article the other day concerning Montana trying to pass a law that basically superseds the ATF's control of certain class 3 type weapon ownership and manufacturing, according to the article many states where looking into joining the bandwaggon including Indiana, was wondering if anyone had anything further on this.

Montana Firearms Freedom Act - Wikipedia, the free encyclopedia

 

[stephen87]

So does this mean they will now become a "shall issue state" instead of a "may issue state"? If not their rights are stil being infringed upon.

Even if it becomes a shall issue, they are still being infringed upon. Until they don't limit who can carry where, they will always be infringed upon.

The Second Amendment states "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." It does not say "The regulation of the people to keep and bear arms shall not be infringed." IANAL, but to me that says until there are no restrictions on who possesses, what people possess, when they may possess, where they possess, and why people possess firearms, our rights are forever being infringed upon.

 

[Llamaguy]

So how long will it be before all 49 states and the People's Republic will be "Shall Issue"? Maybe I shouldn't hold my breath...

 

[Aszerigan]

The gun laws in Baltimore, MD are one of the reasons I'm living in Indiana now. Maryland has it's own set of rules governing firearms. Much like Illinois, just because something is deemed unconstitutional doesn't mean its going to be quickly changed on the books.

I lived there for 34 years, so I've seen the politics. I was berated by my friends back "home" sending me article after article of how they've deemed it unconstitutional. They're considering it a huge win. Prematurely.

We'll wait to see how the law works itself out. I don't believe Maryland will ever be a 'shall issue' state, any more than Massachusetts or New York State would be. But... it's a step in the right direction.

 

[CarmelHP]

That would be very likely.

The Fourth Circuit has been kind to us in the past.