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MARYLAND: Gun law found unconstitutional
Wash Times ^ | 5 March 2012 | By Joseph Weber

Posted on 03/05/2012 10:29:29 AM PST by Bill Buckner

BALTIMORE — A federal judge has ruled that Maryland’s handgun permit law is unconstitutional.

In an opinion filed Monday, U.S. District Judge Benson Everett Legg says a requirement that residents show a “good and substantial reason” to carry a handgun infringes their Second Amendment right to bear arms. He says it isn’t sufficiently tailored to the state’s public safety interests.

Plaintiff Raymond Woollard was denied a renewal of his permit in 2009 because he could not show he had been subject to “threats occurring beyond his residence.” Woollard obtained the permit after fighting with an intruder in his Hampstead home in 2002.

The lawsuit, which names the state police superintendent and members of the Handgun Permit Review Board, was also filed on behalf of the Bellevue, Wash.-based Second Amendment Foundation.

Plaintiff Raymond Woollard was denied a renewal of his permit in 2009 because he could not show he had been subject to "threats occurring beyond his residence." Woollard obtained the permit after fighting with an intruder in his Hampstead home in 2002.

The lawsuit, which names the state police superintendent and members of the Handgun Permit Review Board, was also filed on behalf of the Bellevue, Wash.-based Second Amendment Foundation.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Maryland
KEYWORDS: banglist
IT'S ABOUT TIME !
1 posted on 03/05/2012 10:29:34 AM PST by Bill Buckner
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To: Bill Buckner

So does this mean I can carry?


2 posted on 03/05/2012 10:34:22 AM PST by BreezyDog (PLAN A: A Peaceful Restoration of the Republic.....PLAN B: A Restoration of the Republic)
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To: Bill Buckner

Maryland is unconstitutional.

Maryland is the 50th least free state in the country. The state is 34th in economic freedom but a distant 50th in personal freedom. Maryland’s impositions on personal freedom include the second-strictest gun laws in the country, and marijuana laws are fairly harsh (except that the first offense of high-level possession is a misdemeanor, and there is a weak medical marijuana law), motorists’ freedoms are highly restricted, gambling laws are tight, home schooling laws are burdensome (curricula must be approved by the government), centralized land-use planning is very advanced, eminent domain abuse is totally unreformed, victimless crimes arrest rates are high, and civil unions are not recognized. On the plus side, taxes on beer, wine, and spirits are fairly low, and overall Maryland has one of the least restrictive alcohol control systems in the country. Surprisingly, the state has not enacted complete smoking bans yet. On economic regulation, the state has the usual left-of-center failings on labor law, but more strikingly it has the second-most health insurance mandates in the country (they add 67 percent to the cost).


3 posted on 03/05/2012 10:34:50 AM PST by maddog55 (OBAMA: Why stupid people shouldn't vote.)
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To: Bill Buckner
Maryland residents should be required to be armed imo.
4 posted on 03/05/2012 10:35:33 AM PST by allmost
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To: BreezyDog

Carry? Heck you couldn’t even BUY without a permit !


5 posted on 03/05/2012 10:36:15 AM PST by Bill Buckner
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To: Bill Buckner

Now, when will California finally have the Constitutional freedoms the other 49 states enjoy?


6 posted on 03/05/2012 10:37:46 AM PST by Yossarian ("All the charm of Nixon. All the competency of Carter." - SF Chronicle comment post on Obama)
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To: maddog55
Surprisingly, the state has not enacted complete smoking bans yet.

This must be old data, because Maryland's smoking ban is even more restrictive than all the surrounding states and even extends to private clubs such as American Legion Posts, Moose and Elks' Lodges, etc.

7 posted on 03/05/2012 10:38:40 AM PST by Gabz (Democrats for Voldemort.)
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To: BreezyDog

I would not suggest doing so without a carry permit. The ruling, by a single judge, was that the current law is unconstitutional. Stand by for several more rounds, to include at least two more cycles of re-writing the law.


8 posted on 03/05/2012 10:39:05 AM PST by Pecos (O.K., joke's over. Time to bring back the Constitution.)
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To: Pecos; Bill Buckner

It really doesn’t matter...I lost my guns when my boat hit a large wake. Some day I might dive to the bottom of the Chesapeake to retrieve them.


9 posted on 03/05/2012 10:41:48 AM PST by BreezyDog (PLAN A: A Peaceful Restoration of the Republic.....PLAN B: A Restoration of the Republic)
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To: Gabz

The General Assembly this session is considering a law that would fine you $100(?) for smoking in your own car if there was a minor on board ...


10 posted on 03/05/2012 10:41:59 AM PST by Bill Buckner
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To: Bill Buckner

You can’t smoke in a company vehicle even if you’re alone in the vehicle because of our workplace smoking laws.


11 posted on 03/05/2012 10:45:52 AM PST by pie_eater
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To: Bill Buckner

Does not surprise me in the least.


12 posted on 03/05/2012 10:46:41 AM PST by Gabz (Democrats for Voldemort.)
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To: maddog55

I’m moving there later this year. Sounds like fun.


13 posted on 03/05/2012 10:53:37 AM PST by Future Snake Eater (Don't stop. Keep moving!)
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To: allmost

Consider the argument from the National Commie Left on Healthcare – that some are “Free-riders” because they don’t have insurance.

Well, can we apply that to those who don’t carry relying on the deterrent effect of those who do as being “Free riders”?

People who don’t carry get the safety benefit of those who take the time and expense of those who do – shouldn’t they also be required to also carry?

(I’m not accepting the National Commie Left’s argument on health insurance, just using their “Logic” back at them)


14 posted on 03/05/2012 10:54:19 AM PST by StaffiT (Obama is the name - Downgrading the country is his Game)
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To: StaffiT

You have posited as much sense as you hoped. I wish you well.


15 posted on 03/05/2012 10:59:37 AM PST by allmost
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To: maddog55

Even Lord Baltimore, formerly rolling over in his grave, Catholic founder of Maryland, told each of his embarking passengers from England to America to bring a musket, ammunition and gunpowder. He was no fool.


16 posted on 03/05/2012 11:00:14 AM PST by bunkerhill7 (Guns to Baltimore??. Who knew?)
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To: Gabz

2009 so only a few years old...

http://mercatus.org/sites/default/files/publication/Freedom_in_the_50_States.pdf


17 posted on 03/05/2012 11:25:27 AM PST by maddog55 (OBAMA: Why stupid people shouldn't vote.)
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To: Future Snake Eater
If you can swing it. I would suggest living in Virginia instead. The People's Republic of Maryland is burdensome at best.

Regards,

TS

18 posted on 03/05/2012 11:56:58 AM PST by The Shrew (www.wintersoldier.com; www.tstrs.com; The Truth Shall Set You Free!)
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To: maddog55

There was such a patchwork of bans throughout the state prior to that, it was a defacto state ban anyway.


19 posted on 03/05/2012 12:10:00 PM PST by Gabz (Democrats for Voldemort.)
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To: Bill Buckner

Now, we just need Fed judges to smack down NYC, Cook County, and CA.


20 posted on 03/05/2012 3:38:46 PM PST by Red in Blue PA (Read SCOTUS Castle Rock vs Gonzales before dialing 911!)
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