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Second Amendement Victory in Maryland!
Maryland Shall Issue ^ | 3/5/2012 | Maryland Shall Issue

Posted on 03/05/2012 9:14:02 AM PST by George - the Other

Victory For The Constitution in Maryland

We just received word that the United States District Court for the District of Maryland has granted a motion for summary judgement for plaintiff Ray Woollard in the Woollard v. Sheridan case that challenged the good and substantial requirement for issuance of a permit to carry a handgun.

"Because the ―good and substantial reason requirement is not reasonably adapted to a substantial government interest, the Court finds this portion of the Maryland law to be unconstitutional. Woollard is entitled to summary judgment. "

"A law that burdens the exercise of an enumerated constitutional right by simply making that right more difficult to exercise cannot be considered ―reasonably adapted‖ to a government interest, no matter how substantial that interest may be. Maryland‘s goal of ―minimizing the proliferation of handguns among those who do not have a demonstrated need for them,‖ id. at 40, is not a permissible method of preventing crime or ensuring public safety; it burdens the right too broadly. "

"At bottom, this case rests on a simple proposition: If the Government wishes to burden a right guaranteed by the Constitution, it may do so provided that it can show a satisfactory justification and a sufficiently adapted method. The showing, however, is always the Government‘s to make. A citizen may not be required to offer a good and substantial reason why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs."

(Excerpt) Read more at listbox.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Maryland
KEYWORDS: banglist; firearms; guns; possession; rights
Yes :)
1 posted on 03/05/2012 9:14:07 AM PST by George - the Other
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To: George - the Other

That sound you are hearing are the heads of the southern branch of the Kennedy clan (the Townsends, et. al.) exploding!!


2 posted on 03/05/2012 9:19:37 AM PST by MIchaelTArchangel (Romney ruined Massachusetts. Now he wants to ruin the nation.)
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To: George - the Other
How do gun rights of one state translate to another?

This almost sounds like it could be used by a felon to reclaim his right to keep and bear if a reasonable time and some sort of payment to society has been met ..

e.g. .. someone convicted of a felony in the 50's, '60's, or '70's, having served the required time and or paid fines, restitution (whatever), could, after being an exemplary citizen .. could petition the court to have keep and bear re-instated?

3 posted on 03/05/2012 9:20:17 AM PST by knarf (I say things that are true ... I have no proof ... but they're true)
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To: George - the Other; Joe Brower; Tolerance Sucks Rocks; trooprally

Finally, some good news.


4 posted on 03/05/2012 9:29:24 AM PST by sauropod (You can elect your very own tyranny - Marc Levin)
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To: George - the Other

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

Bump


5 posted on 03/05/2012 9:30:07 AM PST by lowbridge (Rep. Dingell: "Its taken a long time.....to control the people.")
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To: George - the Other

I can’t believe this is happening. It’s too good to be true. They’ll find a way to prevent us, somehow.


6 posted on 03/05/2012 9:31:50 AM PST by ottbmare (The OTTB Mare)
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To: George - the Other

Awesome News. Now, when does the State act to address the unconstitutional gub laws. I want my rights.


7 posted on 03/05/2012 9:33:10 AM PST by cyclotic (People who live within their means are increasingly being forced to pay for people who didn't.)
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To: ottbmare; All

It may be appealed by the State. It will be very interesting to see if it is.


8 posted on 03/05/2012 9:36:17 AM PST by marktwain
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To: lowbridge

That, truly, says everything that needs to be said.


9 posted on 03/05/2012 9:37:24 AM PST by George - the Other ("Saints should always be judged guilty until they are proved innocent" - G. Orwell)
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To: cyclotic
the unconstitutional gub laws.

That looks like "gub", it doesn't look like "gun".

10 posted on 03/05/2012 9:40:18 AM PST by Larry Lucido (My doctor told me to curtail my Walpoling activities.)
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To: cyclotic

Maryland Shall Issue says that this is only the beginning. The analysis and ramifications will be coming.


11 posted on 03/05/2012 9:40:37 AM PST by George - the Other ("Saints should always be judged guilty until they are proved innocent" - G. Orwell)
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To: George - the Other

Can anyone say California?


12 posted on 03/05/2012 9:49:28 AM PST by paul51 (11 September 2001 - Never forget)
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To: marktwain
"A citizen may not be required to offer a good and substantial reason why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs."

We need this Judge here in IL.

13 posted on 03/05/2012 9:51:39 AM PST by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: George - the Other

Time to resubmit for a concealed carry !!!


14 posted on 03/05/2012 10:00:27 AM PST by maddog55 (OBAMA: Why stupid people shouldn't vote.)
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To: George - the Other

The only thing is...as has been the case in (neighboring) DC, the law (or really its enforcement) won’t be changed, and every gun owner asserting his rights—if caught—will face a daunting legal battle to assert rights already established by the courts.

There are a heck of a lot of Liberals in Maryland.


15 posted on 03/05/2012 10:30:04 AM PST by AnalogReigns (because REALITY is never digital...)
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To: paul51

California was my first thought as well. This is the trick that they use there.
Hopefully this ruling can eventually be applied to change the rules in CA.


16 posted on 03/05/2012 10:50:32 AM PST by Rio
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To: Rio; All
California was my first thought as well. This is the trick that they use there. Hopefully this ruling can eventually be applied to change the rules in CA.

Much depends on whether the State of Maryland appeals the ruling or not. Then what happens with the appeal matters, and if it is appealed to the Supreme Court.

This is very good because it is a clear and easily understood ruling.

17 posted on 03/05/2012 12:41:33 PM PST by marktwain
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To: George - the Other

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

That pretty much sums it up...


18 posted on 03/05/2012 12:56:05 PM PST by maddog55 (OBAMA: Why stupid people shouldn't vote.)
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To: kburi

Ping to a good post.


19 posted on 03/05/2012 1:49:45 PM PST by trooprally (Never Give Up - Never Give In - Remember Our Troops)
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To: George - the Other
This is good too: "Maryland‘s goal of ― minimizing the proliferation of handguns among those who do not have a demonstrated need for them,is not a permissible method of preventing crime or ensuring public safety; it burdens the right too broadly." In so many words, it says that Maryland can't have a law that will punish those who don't commit crime.
20 posted on 03/05/2012 2:13:15 PM PST by George - the Other ("Saints should always be judged guilty until they are proved innocent" - G. Orwell)
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To: marktwain
It may be appealed by the State. It will be very interesting to see if it is.

The anti-gunners won't let this go without appeal. They cannot afford this being cited in similar lawsuits against NYC, New Jersey, and elsewhere.

21 posted on 03/05/2012 2:19:36 PM PST by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
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To: ottbmare
ottbmare said: "They’ll find a way to prevent us, somehow."

Follow the money.

Chicago just wrote a check for about $400k to the Second Amendment Foundation to cover their legal expenses for the McDonald case.

If the courts do their job of upholding the Constitution, then litigation against infringing states or localities becomes an opportunity for free money.

Since this is only the first decision in a case which may be appealed, it may be too early for the average person to cash in. Sacramento County in Kalifornia decided to cave on this issue and now "self-defense" is sufficient good cause for issuing a permit there. It's my guess that they may simply have seen the writing on the wall. Like Chicago, there will be holdouts but they will end up paying for people to sue them.

The feeding frenzy hasn't started quite yet, but it will be very entertaining when the legal sharks are on our side.

22 posted on 03/05/2012 2:25:56 PM PST by William Tell
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To: AnalogReigns
The only thing is...as has been the case in (neighboring) DC, the law (or really its enforcement) won’t be changed, and every gun owner asserting his rights—if caught—will face a daunting legal battle to assert rights already established by the courts.

If the court frames it as a constitutional right, and we get a President and Attorney General who are pro-2nd Amendment (ie, not Romney, not Obama), then politicians who choose to ignore it would do so at their peril:

18 USC 241

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.


23 posted on 03/05/2012 2:27:43 PM PST by PapaBear3625 (In a time of universal deceit, telling the truth is a revolutionary act. - George Orwell)
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To: George - the Other; Abundy; Albion Wilde; AlwaysFree; AnnaSASsyFR; bayliving; BFM; ...

WOOOOOHOOOOO!!!

Maryland “Freak State” PING!


24 posted on 03/05/2012 7:28:22 PM PST by Tolerance Sucks Rocks (Occupy DC General Assembly: We are Marxist tools. WE ARE MARXIST TOOLS!)
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To: Tolerance Sucks Rocks

Oh Yea!


25 posted on 03/05/2012 7:31:59 PM PST by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93)
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To: trooprally; kburi; Tolerance Sucks Rocks; Joe Brower; big'ol_freeper

Heard this morning that Franchot is appealing it.


26 posted on 03/06/2012 4:59:41 AM PST by sauropod (You can elect your very own tyranny - Marc Levin)
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To: sauropod

Last night, I heard on the news that the Douglas Gansler, the State Attorney General, would appeal. I know from first hand hand in regard to my wrongful arrest lawsuit that I’ve talked about here before, that the Maryland State Attorney General’s office has absolutely no guilt about distorting information and even resorting to lies to make their case ...

Sauropod? Great name. I collect fossils here in Maryland and the surrounding states


27 posted on 03/06/2012 7:39:26 AM PST by George - the Other ("Saints should always be judged guilty until they are proved innocent" - G. Orwell)
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To: sauropod

Last night, I heard on the news that the Douglas Gansler, the State Attorney General, would appeal. I know from first hand hand in regard to my wrongful arrest lawsuit that I’ve talked about here before, that the Maryland State Attorney General’s office has absolutely no guilt about distorting information and even resorting to lies to make their case ...

Sauropod? Great name. I collect fossils here in Maryland and the surrounding states


28 posted on 03/06/2012 7:39:34 AM PST by George - the Other ("Saints should always be judged guilty until they are proved innocent" - G. Orwell)
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To: George - the Other

so how did it end up being posted twice? Maybe too much coffee - or maybe not enough! :)


29 posted on 03/06/2012 7:40:52 AM PST by George - the Other ("Saints should always be judged guilty until they are proved innocent" - G. Orwell)
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To: George - the Other

I just read, where in regard to the original incident, it took Baltimore County Police 2 1/2 hours to respond to the initial 911 call.

“On Christmas Eve, 2002, Woollard was at home with his wife, children, and grandchildren when an intruder shattered a window and broke into the house. The intruder was Kris Lee Abbott, Woollard’s son-in-law. Abbott, who was high on drugs and intent on driving into Baltimore city to buy more, was looking for his wife’s car keys. Woollard grabbed a shotgun and trained it on Abbott, but Abbott wrested the shotgun away.  Woollard’s son restored order by pointing a second gun at Abbott.  Woollard’s wife called the police, who took two-anda-half hours to arrive.


30 posted on 03/06/2012 10:58:43 AM PST by George - the Other ("Saints should always be judged guilty until they are proved innocent" - G. Orwell)
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