Thursday, April 5, 2012

Nice To See Maryland On The Ropes

A few weeks back, a federal judge ruled that Maryland's concealed handgun permit law violated the Second Amendment, requiring a less restrictive approach to permit issuance.  Now, the Maryland Attorney-General, unsurprisingly, is asking the judge to stay execution of his order pending appeal.  From the April 2, 2012 Baltimore Sun:

The Maryland attorney general's office filed a notice Monday in federal court outlining plans to appeal a recent ruling that significantly widens access to gun-carry permits throughout the state.
The ruling, which strikes down a portion of Maryland's gun laws as unconstitutional, has been stayed until the judge in the case can consider whether to require its enforcement while the appeal is under way.
What I find interesting was the judge's clarification of his order:
He also clarified his original ruling, issued March 5, to make it clear that the order was intended to expressly prohibit the enforcement of a state requirement that handgun-carry applicants have "good and substantial" reasons for their application.
 "A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights," Legg wrote in a 23-page opinion accompanying the March ruling. "The right's existence is all the reason he needs." 

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