Monday, March 5, 2012

A Ray of Hope?

MARYLAND RULING A ‘HUGE VICTORY’ FOR SECOND AMENDMENT, SAYS SAF

BELLEVUE, WA – A federal court ruling in Maryland, that the Second Amendment right to bear arms extends beyond the home and that citizens may not be required to offer a “good and substantial reason” for obtaining a concealed carry permit, is a huge victory, the Second Amendment Foundation said today.

Ruling in the case of Woollard v. Sheridan – a case brought by SAF in July 2010 on behalf of Maryland resident Raymond Woollard, who was denied his carry permit renewal – the U.S. District Court for Maryland ruled that “The Court finds that the right to bear arms is not limited to the home.”

Dare folks living in "May Issue" states like MD, NY, CA, HI, and, yes, even MA dream? Money quote from the judge:

“A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,” Judge Legg wrote. “The right’s existence is all the reason he needs.”

Huzzah!!!

This is especially of note in Massachusetts, where one's right to merely own a handgun or a large-capacity semi-automatic rifle can be revoked for any reason whatsoever. In MA, a permit is required to own firearms regardless of type. The permits that cover handguns and semi-automatic rifles that accept high capacity magazines are entirely discretionary, meaning that they can and sometimes are denied for no reason whatsoever other than "the Chief doesn't issue those permits".

It also means, like in the case of our cause celebre TJIC, if the Chief decides that something you wrote on the internet is unpalatable, all of your firearms can be taken away with a single declaration. You are declared "unsuitable" - and the Chief is the sole arbiter of what is and isn't "suitable". This is what happens in "May Issue" states. In "Shall Issue" states, you cannot be denied your permit as long as you meet the requirements set forth by the issuing office. In "May Issue" states, you are entirely at the whim of whomever grants the permits. That ain't right.

Help us Alan Gura - you're our only hope!

That is all.

12 comments:

Laura said...

what is especially not right is the requirement that individuals must have a permit to *own* a firearm.

that is a big heap of cow dung, if you ask me.

Jay G said...

Especially when you consider that showing ID to vote has been decried as unconstitutional and likened to a "poll tax"...

The MA FID card, which only allows you to possess shotguns and low capacity longarms, costs $100 for 5 years and requires a training course than runs ~ $75 - $150.

That's a helluva lot more than a state ID costs...

North said...

Laura: May I see your opinion permit, please?

Bring it to the Church that MD has assigned to you and I'll meet you there.

Laura said...

yeah, that's a giant crock of hooey.

Laura said...

lol North.

New Jovian Thunderbolt said...

At least you HAVE a permit now.

Some day... maybe very soon...

Then we'd definitively be ahead of your state, Jay. Lucky me, I already renewed my SAF membership for 5 years. I may have to pump some more money their way for your benefit if this works out.

New Jovian Thunderbolt said...

I need to get some beer on the drive home, now.

Dave H said...

I hope Mayor Bloomberg wakes up in the middle of the night in a cold sweat.

Ancient Woodsman said...

New Hampshire is a "shall issue" state, but the application and renewal (same form) for a long time now includes the phrase, "For what reason(s) do you make application to carry a pistol in New Hampshire?"

Sure..."shall issue" and no matter how many Police Chiefs I talk to - and I do, being a LEFI - no one seems to think they can't ask that question.

Stretch said...

Not so fast. The resident scum that occupy Annapolis are sure to address this "loophole."
They'll follow DC's lead and impose expensive, redundant and self-contradictory laws that will further restrict Marylander's right but It's For The Children!!11!

Phssthpok said...

In light of this ruling TJIC should sue for violations of 18 USC 214 and 242 (Conspiracy Against Rights, and Deprivation of Rights Under Color of Law respectively)

Steve said...

"For what reason(s) do you make application to carry a pistol in New Hampshire?"

Twenty years ago I was told to answer "hunting and target shooting", then a few years later, "hunting, target shooting and self defense".
When my wife applied for the first time about 5 years ago she answered "because I want it". She got it.