Big win for Maryland gun owners

[aray]

For the first time ever, in any state, a Federal Court has ruled that the right "to bear" arms is a fundamental Constitutional right that applies to individuals.

You may recall that until Heller (Washington DC) and McDonald (Chicago IL) "the right to keep" arms (by individuals) was not settled case law (at the federal level). That all changed with the SCOTUS rulings in those two cases just a few years ago. But the Court was not asked, nor did it answer, the question about guns outside the home.

That gap has allowed the remaining 9 states (and the District of Columbia) to deny the ability to carry outside of the home.

Until now. A case brought in my home state of Maryland by Maryland Shall Issue in conduction with the Second Amendment Foundation (who also led the Heller and McDonald cases) has now received a favorable ruling at the US District Court level. See:

http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/

If this ruling stands, the remaining 8 May Issue states and the 1 No Issue state may be forced to tear down those laws, allowing for nation-wide CCW.

Naturally the Maryland Attorney General has stated his intention to appeal to the Federal Appellant Court level, and the next step up from there is the SCOTUS. I'm sure they'll also seek a stay of Judge Legg's ruling.

But for now we have a huge "win" in our column, and it is a very strongly worded ruling. The tide seems to be flowing in our direction.

[Chief Joseph]

And let me guess, this attorney general belongs to which party?

[TriggerMan]

And let me guess, this attorney general belongs to which party?
Looks like he ran unopposed and is in his second term.
http://www.oag.state.md.us/bio.htm

[Deano]

This is a very big win for gun owners rights. The plaintiff was a man denied a CHL permit on the basis that he couldn't show enough risk to justify carrying a weapon. This in spite of the fact that the robber who had taken his shotgun and was later disarmed by the man's son was moving back into the neighborhood after his prison term. Seriously, if this man had no just cause for carrying, hardly any of us do.

This judge was appointed by George Sr., which shows the importance of who is in the White House.

[hss.strat]

Interesting... As someone not from the peoples republic of Maryland, this sort of thing seems so alien to my way of thinking. I think the judge nailed it when he said the existence of a right is the only justification needed to exercise it.


SCOTUS chooses what cases it hears, so this case may never reach that level. Although this does have national implications on a touchy issue.

[muggsy]

And let me guess, this attorney general belongs to which party?

Chief, did you really have to ask? :)

[Chief Joseph]

Chief, did you really have to ask? :)

I can't help myself.

[MikeyKahr]

aray and other MD gun-owners, congratulations to you on this exciting decision. God only knows how it will all end up for you kind crabcake folk, though. The political machine is quite built up there in your neck of the woods. I see this going all the way to SCOTUS. And that is why the 2012 general election is so critical for our country.

[jlottmc]

Where the hell have you been hiding there Mikey?

[JFootin]

Where the hell have you been hiding there Mikey?

Yeah, cuz. The family has filed a missing person report on you. :confused:

[MikeyKahr]

j and J, been a busy 2012 for me so far on a few different levels (work, personal life, wife's graduation, possible relocation - looking into sharing a huge family plantation in Missouri if I play my cards right) :hungry: :D;):p Only been able to get on here once every few days and just been reading to catch up instead of posting. I think aray and I have been hiding in the same cubbyhole as of late.