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Federal judge says gun owners need not provide 'good reason,' rules Maryland law unconstitutional
Fox News ^ | 3/5/12

Posted on 03/05/2012 1:53:46 PM PST by Clint N. Suhks

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."

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


TOPICS: Culture/Society; News/Current Events
KEYWORDS:
WOO HOO! I may not have to move out of Merryland after all!
1 posted on 03/05/2012 1:53:53 PM PST by Clint N. Suhks
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To: mylife; 50cal Smokepole; davetex; smokingfrog

Happy PING!


2 posted on 03/05/2012 1:55:05 PM PST by Clint N. Suhks
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To: Clint N. Suhks

I prefer shall instead of may in that ruling.


3 posted on 03/05/2012 1:56:41 PM PST by smaug6 (We can't afford to be innocent!! Stand up and face the enemy.)
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To: Clint N. Suhks

A sane and common sense ruling from Judge Legg.

He’s an H.W. appointee, btw.


4 posted on 03/05/2012 1:58:19 PM PST by DemforBush (A Repo man is *always* intense!)
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To: Clint N. Suhks
WIKIPEDIA - From 1973 to 1974, Legg was a law clerk to judge Frank A. Kaufman U.S. District Court for the District of Maryland and then practiced law privately in Baltimore from 1975 to 1991. On May 15, 1991, he was nominated by President George H.W. Bush to fill a seat in the United States District Court for the District of Maryland vacated by Paul V. Niemeyer. He was confirmed by the United States Senate on September 12, 1991, and received his commission on September 16, 1991. He served as chief judge from January 6, 2003 to January 4, 2010.
5 posted on 03/05/2012 2:00:35 PM PST by frogjerk (OBAMA NOV 2012 = HORSEMEAT)
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To: Clint N. Suhks

Good on the judge.


6 posted on 03/05/2012 2:00:45 PM PST by jwalsh07
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To: Clint N. Suhks

With that name, he sounds like a good ol’ boy. He seems to have had an elite education without being spoiled by it. Good for him.

Wikipedia says:

“Legg was born in Baltimore, Maryland. After receiving his education at the preparatory school Gilman School in Baltimore, graduating in the class of 1966, he earned a Bachelor of Arts degree from Princeton University in 1970. He went on to obtain a Juris Doctor from the University of Virginia School of Law in 1973 and was admitted to the Maryland bar the same year.”

Then appointed by Bush I. One of his better appointments, apparently.


7 posted on 03/05/2012 2:02:42 PM PST by Cicero (Marcus Tullius)
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To: Clint N. Suhks

Bump


8 posted on 03/05/2012 2:07:11 PM PST by lowbridge (Rep. Dingell: "Its taken a long time.....to control the people.")
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To: Clint N. Suhks

A “good reason” is you don’t want a druggie breaking in your house and murdering your family, or attacking you with a knife on the street for your wallet. Given that anyone can give that as a reason, how could they argue against it, even without the ruling?

Or, I want a fighting chance when the NDAA troopers come knocking on my door to indefinitely detain me because I said bad words on the gummint.


9 posted on 03/05/2012 2:08:32 PM PST by superstitionmountain (Did I mentio that I hate Chris Dodd, a rat among men.)
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To: Clint N. Suhks

“Because the Constitution says I can” is as good a reason as I can imagine. What more need one have to say?


10 posted on 03/05/2012 2:15:50 PM PST by Tar and Feathers (http://intensedebate.com/people/Tar_n_Feathers)
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To: Tar and Feathers
“Because the Constitution says I can”

'Nuff said.

11 posted on 03/05/2012 2:43:54 PM PST by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: superstitionmountain
The ruling has no effect on keeping a gun in your own home - that, even in Maryland, is not prohibited (unless you are a felon, habitual drunkard, narcotics user, etc.) This ruling has to do with the right to carry a gun outside the home - to get a permit you had to submit an investigation that showed:

1. Is 18 years of age or older.

2. Has not been convicted of a felony or of a crime punishable by imprisonment for more than one year.

3. Has not been committed within the previous 10 years to any juvenile detention center for longer than one year.

4. Is not an addict or alcoholic nor has ever been convicted of a narcotics offense.

5. Has not, based on the results of investigation, exhibited a propensity for violence or instability.

6. Has, based on the results of investigation, "good and substantial reason" to carry a handgun, including a finding that the permit is "necessary as a reasonable precaution against apprehended danger."

But, hell - saying "I travel into or through Baltimore City or Prince Georges County" should have satisfied #6. In any case, this ruling pulls #6. The other criteria I don't have a problem with, except that #5 is often used in domestic situations where a divorced or seperated female falsely alleges violent activity.

12 posted on 03/05/2012 2:48:13 PM PST by In Maryland ("Truth? We don't need no stinkin' truth!" - Official Motto of the Main Stream Media)
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To: bgill

Yep, nuff said.


13 posted on 03/05/2012 2:56:08 PM PST by redshawk (0pansy is a Liar)
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To: Clint N. Suhks

Good call. Thanks for the ping!!


14 posted on 03/05/2012 2:56:56 PM PST by davetex (All my weapons got melted by a NASA space pod!!)
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To: Clint N. Suhks

Holy Civil Rights Batman! Kapow!


15 posted on 03/05/2012 3:29:22 PM PST by School of Rational Thought
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To: Clint N. Suhks

Great News!


16 posted on 03/05/2012 3:58:37 PM PST by mylife
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To: Clint N. Suhks

Maryland is granting CCW permits? They have in the past, but only to connected individuals.

I know for a fact that one’s out-of-state permit is no good there, and that applies to all states.


17 posted on 03/05/2012 4:43:11 PM PST by OldPossum (ou)
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To: Clint N. Suhks
I heard about that on the news today. Good deal!

Now, if you could just get them to change some of their other stupid gun laws.

18 posted on 03/05/2012 5:15:55 PM PST by smokingfrog ( sleep with one eye open (<o> ---)
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To: Clint N. Suhks
“Maryland's Attorney General’s office was still reviewing the opinion and declined to comment immediately.”

Hey assholes you lost, so start issuing permits now!

19 posted on 03/05/2012 5:39:24 PM PST by kempo
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