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Huge win - Printable Version

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Huge win - RonT - 03-05-2012

"
The Second Amendment Foundation (SAF.org) and their attorney, Alan Gura, has just had a huge victory in a Maryland court that effects concealed carry in that state. The ruling says that "good and substantial reason" is NOT to be required to get a concealed handgun permit there! The ruling will probably be appealed, but this is good news for our neighbor and for those of us who hope to someday carry while visiting Maryland.

As an important neighboring state with particularly bad gun laws, I felt that many VCDL members would want to follow this one.

From the SAF alert:

MARYLAND RULING A ‘HUGE VICTORY’ FOR SECOND AMENDMENT, SAYS SAF

For Immediate Release: 3/5/2012

BELLEVUE, WA – A federal court ruling in Maryland, that the Second Amendment right to bear arms extends beyond the home and that citizens may not be required to offer a “good and substantial reason” for obtaining a concealed carry permit, is a huge victory, the Second Amendment Foundation said today.

Ruling in the case of Woollard v. Sheridan – a case brought by SAF in July 2010 on behalf of Maryland resident Raymond Woollard, who was denied his carry permit renewal – the U.S. District Court for Maryland ruled that “The Court finds that the right to bear arms is not limited to the home.”

U.S. District Court Judge Benson Everett Legg noted, “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’.” Finally someone with some common sense.

“This is a monumentally important decision,” said SAF founder and Executive Vice President Alan M. Gottlieb. “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. Once again, SAF’s attorney in this case, Alan Gura, has won an important legal victory. He was the attorney who argued the landmark Heller case, and he represented SAF in our Supreme Court victory in McDonald v. City of Chicago.

“Equally important in Judge Legg’s ruling,” he added, “is that concealed carry statutes that are so discretionary in nature as to be arbitrary do not pass constitutional muster.”

“A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,” Judge Legg wrote. “The right’s existence is all the reason he needs.”

“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,” Gottlieb concluded. “SAF will continue winning back firearms freedoms one lawsuit at a time.”
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Roll on SAF.


Re: Huge win - August West - 03-05-2012

I enjoy celebrating birthdays, anniversaries, and the like. For me, easier access to concealed weapons normally provokes concern. Different strokes for different folks. Have a happy time.


Re: Huge win - cbelt3 - 03-05-2012

Well, rock on for freedoms. I personally have never found the need to carry anything more dangerous than a swiss army knife.

But I also haven't found it necessary to exercise my right of assembly and free speech in protest marches since I was a teenager , and I'm still happy to ensure that people have those freedoms as well.


Re: Huge win - RgrF - 03-06-2012

Tell that to the parents of the next child killed either inadvertently or purposefully by firearm. Unless countered by deadly force, assemblies and protest marches seldom end in death.

You again chose an analogy that doesn't fit the situation.


Re: Huge win - Gutenberg - 03-06-2012

Benny Legg's decisions get overturned quite a lot. He tends to let his politics run away with his legal reasoning. My guess us the legislature will do a rewrite and start the process over again. Concealed carry laws are essential for public safety.