Posted on 03/13/2012 5:00:13 AM PDT by marktwain
Good Lord, what would we do without the Second Amendment Foundation? SAF was created in 1974, currently having 650,000 members, to combat anti-Second Amendment crusaders who use “safety” as an excuse to restrict our Second Amendment rights. Consistently battling the opposition in the Courts and otherwise, thanks to them, a positive Court ruling has been issued by the Honorable Judge Benson E. Legg in the Maryland district court on March 5, in the case of Woollard v. Sheridan.
The main Plaintiff in this case Raymond Woollard, a Maryland resident and Navy veteran, attempted to renew his gun carry permit, but was denied renewal in February 2009 because, according to the Maryland State Police, Woollard’s application did not provide sufficient evidence “to support apprehended fear” and he did not demonstrate a “good and substantial reason” to carry a hand gun.
Shortly thereafter, Woollard requested and received an informal review, such application was denied. Woollard proceeded to appeal the decision to the Maryland Permit Review Board, who also upheld the decision of the Maryland State Police.
Subsequently, SAF, on behalf of Woollard, filed a Complaint with the District Court of Maryland praying for a reversal of the Maryland State Police decision.
The facts in this case reveal that on Christmas Eve 2002 an intruder broke into the Woollard home by shattering a window. Woollard retrieved his shot gun to subdue the burglar and a fight between the two ensued. Woollard’s son retrieved a second firearm and was able to control the volatile situation. Mrs. Woollard called 911, and the Police arrived approximately 2.5 hours later.
The intruder was convicted of First Degree Burglary, and received a three year probation sentence. Violating his probation for assaulting a police office and attempting to burglarize a second home that finally landed the criminal in jail.
Now, get this: The criminal gets out of jail in 2005 and resides approximately three miles from the Woollard home. This was around the same time that Woollard applied for renewal of his hand gun permit, in which Woollard was denied.
Who are the Maryland police protecting? Woollard or the criminal? It seems they fear Woollard more than they fear a convict. Yet, the reality is the Woollard family did absolutely nothing wrong. In fact, they exercised their Second Amendment rights, and successfully protected themselves from the intruder. Surely, if the Woollard’s were not armed, the burglar would not have been subdued, and only God knows what destruction may have happened.
Judge Legg ruled in part:
“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.”—Judge Benson E. Legg
Bingo! Judge Legg hits the nail on the hammer. Of course, the Second Amendment’s mere existence is enough to secure the “right of the people to keep and bear Arms.” A right that “shall not be infringed.”
Judge Legg also said in part:
“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’.”—Judge Benson E. Legg
Bingo! Judge Legg hits the nail on the hammer, again. The ruling acknowledges the right of persons to be able to protect themselves wherever they are. This victory is monumental because it sets a precedent that says: a. The Second Amendment in and of itself is enough to honor our right “to keep and bear Arms”; and b. The Second Amendment applies to the person, not the venue.
After the Court’s decision, on March 5, SAF founder and Executive Vice President Alan M. Gottlieb in a press release issued the following statement, in part:
“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.”
“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.”
Hip, hip, hooray for the Second Amendment Foundation! Say a prayer because, guaranteed the Maryland State Police will appeal Legg’s ruling, and the case will continue onward.
Big Thank You to SAF and the Woollard family. May God bless you all.
“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.”—Judge Benson E. Legg
I believe we had this discussion before, Mark. Maryland “technically” has a CCW law. However, it is a well known fact that only retired State troopers get them. Business owners who transport the day’s money cannot get one (they are told to hire a person or a company that is allowed to carry). The fact that Maryland has decided to appeal the ruling is NO surprise to any Marylander.... we just assumed they would. How sad is that?!
From the article: "Woollard’s son retrieved a second firearm and was able to control the volatile situation. Mrs. Woollard called 911, and the Police arrived approximately 2.5 hours later."
Sheesh!
Maryland’s unwillingness to follow the Constitution may ultimately result in a Supreme Court ruling that upholds the right to carry for self defense everywhere in the nation. Let us hope that this becomes the case.
It is sad that Maryland officials so willingly abandon the Constitution.
That is my hope as well. We all know that Maryland won’t follow the 2nd Amendment unless FORCED to...
Sorry TSR... I should have pinged your before. For your consideration.
SAF Maryland “Freak State” PING!
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