Judge Rules Md. Gun-Carry Provision Unconstitutional

Tuesday, 06 Mar 2012 10:43 AM

By Greg McDonald

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink
A federal judge has ruled a provision of Maryland gun law regulating firearm possession is unconstitutional, saying it “impermissibly infringes the right to keep and bear arms” guaranteed by the Second Amendment.
 
In his opinion issued Monday, U.S. District Court Judge Benson E. Legg in effect said police have no authority to require people who apply for a gun-carry permit to show a “good and substantial reason” for doing so. He said the Second Amendment essentially guarantees they do not need a reason, according to a report in the Baltimore Sun.
 
“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.”

The Sun reported gun-rights advocates hailed the ruling as a victory, viewing it as a “bolster to public safety.” But the newspaper also noted opponents criticized Legg’s opinion as a dangerous precedent, describing it as “a return to the Wild West.”
 
The Maryland attorney general’s office moved immediately after the decision for a stay of implementation, vowing to appeal the ruling. At the same time, gun-rights activists promised to fight the appeal.
 
One of them, Republican state Del. Michael D. Smigiel Sr., told the Sun he plans to move ahead with legislation that would wipe the possession law off the books.
 
“I have a bill that does exactly what the court said we needed to do,” Smigiel said. 

© 2014 Newsmax. All rights reserved.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Retype Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Imam to Hannity: Sharia Law Is 'Coming to a Place Near You'

Wednesday, 27 Aug 2014 23:11 PM

Controversial London Imam Anjem Choudary had a heated argument with Fox News Channel's Sean Hannity on the latter's show . . .

Missouri Governor Names New Public Safety Director

Wednesday, 27 Aug 2014 22:35 PM

Missouri Gov. Jay Nixon on Wednesday appointed a new state public safety director, giving his administration its only bl . . .

Stifling Free Speech? California Looks to Ban Confederate Flag

Wednesday, 27 Aug 2014 22:16 PM

California is looking to bar the "Stars and Bars." A bill sits on Gov. Jerry Brown's desk to ban California from display . . .

Most Commented

Newsmax, Moneynews, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, NewsmaxWorld, NewsmaxHealth, are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved