March 6, 2012

Maryland Handgun Permit Law
Found Unconstitutional

( -- A federal judge in Maryland has declared a key provision of the state’s gun-control laws unconstitutional.

U.S. District Judge Benson Everett Legg focused on one portion of Maryland law that requires residents to show they have a “good and substantial reason” to carry a gun, such as a “precaution against apprehended danger.” Legg ruled that the requirement was too broad and said it violates the Second Amendment.

“The Court finds that the right to bear arms is not limited to the home,” Legg wrote in a 23-page ruling signed Friday. “The law impermissibly infringes the right to keep and bear arms, guaranteed by the Second Amendment,” he wrote.

The plaintiff, Raymond Woollard, was denied a handgun permit in 2009. Woollard, a Navy veteran who once fought with an intruder in his Baltimore County home, was denied a permit because the state found that he could not show he had been subject to "threats occurring beyond his residence," according to the suit.

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Comments (16)

P.S. - a buddy that went to West Point bought a Cabela's SAA in .357, so now we have to take them out for a head to head comparison like Gun Tests did with the Single Six vs. Colt a while back. I'm putting my early money on the Blackhawk!

Posted by: PVB | March 9, 2012 9:38 PM    Report this comment

I suspect you are correct sir. As discretion is the better part of valor, I would also surmise that the midshipman's roommates knew nothing of the possibility until after graduation and commissioning!

Posted by: PVB | March 9, 2012 9:36 PM    Report this comment

Well, PVB, I'd suspect that the midshipman might do as I did at Eastern Michigan University, and carefully.....very carefully hide the piece in his quarters.

Posted by: canovack | March 9, 2012 11:05 AM    Report this comment

Canovack - though MD has onerous gun laws, I made my very first handgun purchase there shortly after turning 21. A local "coin and gun shop" had a used, well maintained Ruger Blackhawk convertible at a great price, so I snatched it up. The real danger for me though, was where does a midshipman keep said legally purchased firearm? ;)

As for litigation, we have become a nation of the attorney, for the attorney, and by the attorney....

Posted by: PVB | March 9, 2012 8:17 AM    Report this comment

Finally-- a judge that understands that the right to bear arms in your home is equivalent to the right to operate a car in your garage!

Posted by: albany | March 8, 2012 8:34 PM    Report this comment

I place one vote for Honorable Judge Benson Everett Legg for nomination of President of the United states.

Posted by: cjferco | March 8, 2012 5:57 PM    Report this comment

@ canovack I agree. We can all kiss freedom goodbye the day we are no longer allowed to defend ourselves.

Posted by: Muzzlepuncher 7 | March 8, 2012 2:37 PM    Report this comment

It may not be enough, but I'm thrilled to see ANY fed court defending our rights to self-defense. The nation needs a lot more of this kind of decision from our courts.

Posted by: david b | March 8, 2012 1:18 PM    Report this comment

Yes, Mister E, they are unconstitutional. That said, it hasn't stopped any president, government bureaucrat, legislator, or judge from developing and/or maintaining them. It's really unfortunate that, apparently, the only way to keep laws reasonably constitutional is through judicial litigation. It would be so much easier, cheaper, and better if every time legislation is processed, or a decision is rendered, that some sort of constitutional test be applied before the damned things are made permanent.

Posted by: canovack | March 8, 2012 1:12 PM    Report this comment

Aren't all laws limiting carrying unconstitutional?

Posted by: Mister E | March 8, 2012 12:11 PM    Report this comment

After studying various State laws concerning handgun ownership and carry, I hope everyone becomes like the beautiful "Green Mountain" State Vermont. And they have NO higher rates of gun crimes because of it. As it reads on New Hampshire licence plates...LIVE FREE or DIE (I'll take "Living Free"for $ 200, Alex ) LOL !

Posted by: Muzzlepuncher 7 | March 8, 2012 11:52 AM    Report this comment

Having resided in Maryland from 1977 to 1981, and having experienced the lunacy of that state's gun laws, it is nice to see that the Free State is taking steps to actually be free.

Posted by: canovack | March 8, 2012 11:42 AM    Report this comment

Another small step towards supposed granted constitutional guarantees of fundamental FREEDOMS regarding firearms ! GOD BLESS AMERICA ! (Canada, too)

Posted by: Muzzlepuncher 7 | March 8, 2012 11:31 AM    Report this comment

Unfortunately, Judge Legg is only a District Court judge. Someone should appoint him to a higher court (Appeals or Supremes). The likelihood of that happening if Obama gets reelected: None. The likelihood of it happening if Romney gets elected: Biafran thin. Anyone care to join the "Benson Legg for President" committee?

Posted by: Visigoth52 | March 8, 2012 11:19 AM    Report this comment

So we do have judges with "rare" sense! Thank you, Your Honor! I would have said "common sense", but if it was common everyone would have it! LOL It is apparently a VERY RARE commodity in politics or the judicary today, and becoming more rare in society, along with even the most basic morals, and the ability to think for yourself. :(

Posted by: Charlie Sometimes | March 8, 2012 10:42 AM    Report this comment

Congratulations to Judge Benson Everett Legg

Posted by: dave606 | March 8, 2012 9:46 AM    Report this comment

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