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“Shall issue” concealed carry coming to Maryland

Posted by Richard on July 25, 2012

In clear violation of the Constitution and fundamental human rights, the state of Maryland requires a “good and substantial reason” for the issuance of a concealed carry permit. In a case challenging the constitutionality of that restriction, U.S District Judge Benson Everett Legg ordered the state to process permit applications without requiring a reason, but originally issued a stay of his ruling. Now, he’s going to lift the stay in two weeks because it’s “not warranted.” The Second Amendment Foundation, which together with a Baltimore resident filed the suit in 2010, is delighted:

“There is no good reason for the state to continue violating the constitutional rights of its citizens just to maintain this burdensome and arbitrary system,” said SAF founder and Executive Vice President Alan M. Gottlieb. “As Judge Legg originally observed, the Second Amendment’s protections extend beyond the home.”

While it is possible that the state may file a motion with the Fourth Circuit Court of Appeals to impose a stay of Judge Legg’s order, the trial court precedent is an important one. It established that the Second Amendment right to bear arms does not stop at the door of one’s home.

“No citizen should be required to give a ‘good and substantial’ reason in order to exercise a constitutionally-protected civil right,” Gottlieb observed. “In his order today, Judge Legg noted that the state has pointed to ‘little in the way of truly irreparable injury that is likely to result should their request for a stay be denied’.”

The judge also noted, “If a stay is granted, a sizeable number of people will be precluded from exercising, while the case is argued on appeal, what this Court has recognized as a valid aspect of their Second Amendment right. In the First Amendment context, the Supreme Court has stated that ‘loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury’.”

I’m delighted, too.

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