NFOA MEMBERS FORUM
General Categories => Newsworthy => Topic started by: CanUCatchMe on March 05, 2012, 04:17:50 PM
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Federal judge says gun owners need not provide 'good reason,' rules Maryland law unconstitutional
Published March 05, 2012 | FoxNews.com
Maryland residents do not have to provide a "good and substantial reason" to legally own a handgun, a federal judge ruled Monday, striking down as unconstitutional the state's requirements for getting a permit.
U.S. District Judge Benson Everett Legg wrote that states are allowed some leeway in deciding the way residents exercise their Second Amendment right to bear arms, but Maryland's objective was to limit the number of firearms that individuals could carry, effectively creating a rationing system that rewarded those who provided the right answer for wanting 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."
"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," 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."
"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."
Read more: http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/print#ixzz1oHcrPNWN (http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/print#ixzz1oHcrPNWN)
Admin edited this post...see my post below!
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Good news!!
Yet another reason this Presidential election is soooo important. Do you want these decisions made by Obongo appointments or _____________ GOP candidate?
Also what Senators to confirm those appointments? Yeah, I'm looking at you Bob 'bucket of puke' Kerrey. The ONLY MOH winner I can even imagine calling that.
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MARYLAND RULING A HUGE VICTORY'
FOR SECOND AMENDMENT, SAYS SAF
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 Amendments 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'."
"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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The SAF is a lawsuit winnin' machine!
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YAY for Maryland! This is huge as this provides a precedent for the US Supreme Court to follow when they will eventually rule on the question if the 2nd Amendment extends outside of the home.
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sigh... what do I have to do to convey the idea that we can not copy entire articles from copyrighted sources?
Please read the rules about use of copyrighted materials
http://nebraskafirearms.org/forum/index.php/topic,4681.0.html (http://nebraskafirearms.org/forum/index.php/topic,4681.0.html)