Right to Carry Victory in Maryland

With Heller and McDonald having been decided it has already been established that one has the right to keep and bear arms in the home and that the right to keep and bear arms is enforceable against the states. The Woollard case, or one like it, will be reaching the Supreme Court most likely within the next five years. This is where the rubber is going to meet the road and where we're going to see just how far SCOTUS is willing to go in terms of recognizing the right to bear arms outside of one's home.

As a native New Yorker, I'll say this: If SCOTUS chokes and either decides not to hear this case (should it be appealed that far) or rules against us then the right to keep and bear arms is dead and buried in New York and most likely in New Jersey, Massachusetts and Illinois as well. Absent federal intervention RKBA will never be recognized in those barring an actual revolution.

Judge Legg rules. Good news here in Md.

It's been a very busy day here at Maryland Shall Issue.

I hope all of the people that said that we'd never be successful take note of today's ruling.

There's still a long way to go and more questions than answers at this point, but it's looking more and more like we may end up joining the rest of the country in being able to exercise our freedoms.

Thanks for everything you do Paul.

Thanks for everything you do Paul.

Click to expand...

There are many, many people involved and responsible, but I will say "you're welcome" on their behalf.

We've been more than honored to play a part in the SAF's leadership on this.

With Heller and McDonald having been decided it has already been established that one has the right to keep and bear arms in the home and that the right to keep and bear arms is enforceable against the states. The Woollard case, or one like it, will be reaching the Supreme Court most likely within the next five years. This is where the rubber is going to meet the road and where we're going to see just how far SCOTUS is willing to go in terms of recognizing the right to bear arms outside of one's home.

As a native New Yorker, I'll say this: If SCOTUS chokes and either decides not to hear this case (should it be appealed that far) or rules against us then the right to keep and bear arms is dead and buried in New York and most likely in New Jersey, Massachusetts and Illinois as well. Absent federal intervention RKBA will never be recognized in those barring an actual revolution.

Click to expand...

The decision will only go our way if the Republicans are not replaced on the bench. Remember that it is true some Republicans are anti gun, but all the Democrats on the Bench are Anti-Gun.

Unless we have a Republican President when the next pro gun Justice is replaced, we lose.

Folks, the math IS that simple. Not one Democrat on the Supreme Court will vote pro gun. Not one.

Remember that when you vote in November.

Go figure.

Fred

I have been yelling in here that this is the significance of the coming election. The true legacy for RKBA that a president leaves are his court nominations, and ANY of the republican candidates would be better than what we have now.

The state has appealed and requested a stay, which I doubt will be granted. Off to the 4th circuit we go.

The Supreme Court may not take the case at all, seeing as how they do not seem to take any more rkba cases.

Some court needs to answer the question of "outside the home" since SCOTUS was not asked anddid not address it in Heller. If the 4th rules in our favor or SCOTUS refuses to hear it on appeal, then it's answered. Or it could go to SCOTUS for the final ruling.

Fingers crossed.

true that

P.O.2010 said:

As a native New Yorker, I'll say this: If SCOTUS chokes and either decides not to hear this case (should it be appealed that far) or rules against us then the right to keep and bear arms is dead and buried in New York and most likely in New Jersey, Massachusetts and Illinois as well. Absent federal intervention RKBA will never be recognized in those barring an actual revolution.

Click to expand...

I think you are wrong about IL. LTC is not real close here but it is not that far off either.

MA already has LTC, it is just restrictive and expensive, but in some respects the situation there is slowly improving as well.

NY outside of NYC is a mixed bad ranging from pretty good to pretty bad. NYC is just bad.

I think MD, NJ and NYC are going to be the toughest nuts to crack.

This fight is all about winning in the end, not winning all in one chunk. That just won't and can't happen. The extent of the 2A will be fought out in court for at least the next 2 or 3 decades, even if we win big at SCOTUS. The courts are just very slow.

Please excuse my ignorance regarding legal talk. Is this official, or just a huge step in the right direction? Either way I do agree this is GOOD STUFF.

Click to expand...

Both, this is a United States District Court striking down a state statute which was upheld by the highest court in Maryland. The ruling is final but, this case will inevitably be appealed to the Court of Appeals for the Fourth Circuit. The Fourth circuit covers much of the South and is generally conservative. As per Volokh there is a decent chance that this case will go to the Supreme Court if the Fourth Circuit affirms the District of Maryland. See http://volokh.com/2012/03/05/federal-district-court-recognizes-right-to-carry-gun-outside-the-home-holds-unconstitutional-marylands-restrictive-carry-licensing-scheme/.

This a great step in the right direction because it was brought in the Fourth Circuit, which is likely - but not guaranteed to uphold the RTKBA. Gura always brings cases in whatever jurisdiction gives him the best chance of winning (e.g. D.C., Chicago). This is important because it gets winning opinions which can be used in less friendly jurisdictions. A direct challenge to the NY carry scheme today would likely lose in every court up to the United States Supreme Court, and there is no guarantee it would get there. This would create bad precedent the whole way, which may not be reversed if the Supreme Court does not review it. Other prominent RTKBA litigators who bring lawsuits in places like New York and New Jersey, and always lose See http://www.ca2.uscourts.gov/decisions/isysquery/cbe545a2-a2d1-40a3-896e-3f355a79bad3/8/doc/08-1768-cv_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/cbe545a2-a2d1-40a3-896e-3f355a79bad3/8/hilite/

Thanks Sebastian

Wait a minute, isn't the District of Columbia in the 4th District? This ruling should apply there as well. That could help.

MD CCW law ruled unconstitutional

Opponents of Maryland's strict gun laws have long complained that obtaining a permit to carry a handgun has been nearly impossible. Among the many rules, the state requires that applicants show a "good and substantial reason" to carry around a handgun.

A federal judge has agreed with the opponents. U.S. District Judge Benson E. Legg called the "good and substantial reason" clause unconstitutionally broad -- an arbitrary regulation designed to minimize the number of guns on the street, but one that doesn't necessarily keep everyone safe...

Click to expand...

Read the rest of the article here:
="http://www.baltimoresun.com/news/...aw-unconstitutional-20120306,0,3349784.story"

The Maryland attorney general plans to appeal the finding.
http://www.baltimoresun.com/news/breaking/bs-md-handgun-law-20120305,0,6504189.story

Congratulations Maryland!

I saw this yesterday, big win for MD and potentially more.

It's a step in the right direction ... but the Fat Lady ain't sung yet by a long shot.

Carry On...........Maryland, New Jersey is watching.

Wait a minute, isn't the District of Columbia in the 4th District? This ruling should apply there as well. That could help.

Click to expand...

No, DC has its own special Circuit Court of Appeals. The reason for that is the high volume of cases involving the federal government.

http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_D.C._Circuit