Gun Control – Coming Soon to a Neighborhood Near You: 2nd Amendment Still MIA In Maryland As Federal Judge Refuses To Support His Own Ruling

By  via Western Journalism

(It appears the judge was for the Second Amendment before he was against it…….)

Judge SC 186x300 2nd Amendment still MIA in Maryland as federal judge refuses to support his own ruling

In early March, Federal Judge Benson Legg ruled unconstitutional the provision in Maryland law requiring a “good and substantial reason” be provided by anyone applying for a permit to carry a concealed weapon. Such a contingency “impermissibly infringes on the right to keep and bear arms” wrote the Judge in his opinion. (1)

The ruling had come down in the case of Woollard v Sheridan. In 2010, Plaintiff Raymond Woollard attempted to renew his permit to carry concealed but was refused because he had not provided to Maryland State Police “…sufficient evidence ‘to support apprehended fear’…” therefore failing the “good and substantial reason” test. (2)

Judge Legg’s decision had literally introduced 2nd Amendment rights into one of the most liberal states in the nation. Previously a “may issue” state, meaning a license to carry a concealed weapon “may” be issued according to the mood of the Maryland State Police, residents would in future live in a “shall issue” state where permits must be issued upon demand to qualified (neither criminal nor mentally impaired) applicants.

“A citizen may not be required to offer a good and substantial reason why he should be permitted to exercise his rights. The right’s existence is all the reason he needs.” So wrote the Judge in his original opinion. (2)

One month later, however, Judge Legg proved himself too cowardly to stand behind his own ruling. Granting a motion filed by liberal Maryland Attorney General Douglas Gansler, Legg stayed his earlier decision to uphold the Constitutional rights of Maryland residents until May 23rd when, upon hearing from both sides, he will decide whether to grant a permanent stay. As a result, the requirement to provide a “good and substantial reason” remains in force.

And upon what argument from the Attorney General did courageous Constitutional advocate Benson Legg base his decision to stay the 2nd Amendment rights of Maryland residents?

In the 2011, 4th Circuit case United States v Masciandaro, the majority ruled that law abiding citizens have the right to keep and bear arms, not just in the home—as Maryland would have it—but, within the bounds of the law, wherever they wished. In short, law abiding Americans have the right to keep and bear arms. (3)

But although they concurred with the opinion, 2 of the judges hedged their decision with the following, pathetic drivel: “…we do not wish to be even minutely responsible for some unspeakably tragic act of mayhem because in the peace of our judicial chambers we miscalculated as to Second Amendment rights.” (3)

Using this extraordinary example of judicial cowardice, the Maryland Attorney General suggested that if the stay were not granted by Judge Legg, “unspeakably tragic acts of mayhem” committed by the state’s concealed carry holders would somehow result and be on his head! In short, it is far too dangerous to permit Maryland citizens the free exercise of their God given and Constitutionally protected right to keep and bear arms.

On May 23rd, in the courtroom of federal Judge Benson Legg, residents of Maryland will discover whether or not they must continue to provide “good and substantial reason” before being permitted to exercise their 2nd Amendment rights.

Should Barack Obama be given another 4 years of rule in Mordor on the Potomac, the Maryland requirement could soon extend to the exercise of speech, religion and assembly as well. Isn’t THAT something to look forward to.

 

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US district judge: The right to bear arms is justification for doing so

By , Conservative Writer via The Townhall

Summer's End. Lexington Green, 11 September 20...

This is what U.S. District Judge Benson Everett Legg was getting at in his  March 6 ruling against Maryland’s bald infringement of the Second Amendment.  That ruling contains the following sentences:

Those who drafted and ratified the Second Amendment surely knew that the  right they were enshrining carried a risk of misuse, and states have  considerable latitude to channel the exercise of the right in ways that will  minimize that risk. States may not, however, seek to reduce the danger by means  of widespread curtailment of the right itself.

Until Legg’s ruling came down, Maryland had been awarding concealed carry  permits only to citizens who could prove they needed to carry a gun for personal  safety (i.e., they had to demonstrate that their lives would be in jeopardy if  they didn’t have a weapon in their possession). This requirement to demonstrate  justification for a concealed carry permit was contained in the state’s “good  and substantial reason” clause.

However, Legg wisely recognized that such a requirement turned the Second  Amendment on its head, and basically placed Marylanders in the position of  having to convince their government to grant them the right to keep and bear  arms, one citizen at a time. Wrote Legg: “A citizen may not be required to offer  a ‘good and substantial reason’ why he should be permitted to exercise his  rights. The right’s existence is all the reason he needs.”

I do not attempt hyperbole by saying that our Founding Fathers would cheer Legg’s ruling with  enthusiasm, were they here to read it. For their purpose in adding the Bill of  Rights to the Constitution was to call attention to a body of rights which the  government could did not give and was prohibited from trying to take away. These  rights were risky — and they remain so — but they were ours because our  Creator endowed us with them, so the risk was par for the course.

With his ruling, Legg has called attention to the enduring nature of these of  rights, and has reminded Maryland officials that the very existence of the right  to keep and bears arms is sufficient justification for keeping and bearing  them.