The Down Range Forum
Member Section => Politics & RKBA => Topic started by: JovanS on March 05, 2012, 03:29:49 PM
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http://www.examiner.com/gun-rights-in-seattle/maryland-ruling-a-huge-victory-for-ccw-and-saf
‘The Court finds that the right to bear arms is not limited to the home..’—Judge Benson E. 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.”—Judge Benson E. Legg
“In addition to self-defense, the (Second Amendment) right was also understood to allow for militia membership and hunting. To secure these rights, the Second Amendment‘s protections must extend beyond the home: neither hunting nor militia training is a household activity, and ‘self-defense has to take place wherever [a] person happens to be’.”—Judge Benson E. Legg
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. [E]ven the most legitimate goal may not be advanced in a constitutionally impermissible manner.—Judge Benson E. Legg
...This is HUGE!!! If I'm not mistaken this is the first federal ruling to extend the Second Amendment outside of the home. Also, as a side note.... He was appointed by George H.W. Bush in 1991 which is exactly why, regardless of likes/dislikes, we must all vote for the GOP candidate that is nominated at the convention.
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http://www.examiner.com/gun-rights-in-seattle/maryland-ruling-a-huge-victory-for-ccw-and-saf
...This is HUGE!!! If I'm not mistaken this is the first federal ruling to extend the Second Amendment outside of the home. Also, as a side note.... He was appointed by George H.W. Bush in 1991 which is exactly why, regardless of likes/dislikes, we must all vote for the GOP candidate that is nominated at the convention.
Making sure they don't miss the point. ;D
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I'm reservedly pleased since I think it now means I'll be able to get a CCW. The article (on Fox) makes it sound like they were going after the "rationing" law (One handgun/regulated firearm in 30 days) but then mentions that his permit was apporved then disapproved prompting the laws suit. MD doesn't have a permit for handguns, only CCWs.
http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/
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Jnevis,
You are correct, the lawsuit was challenging the constitutionality of the "may issue" states.
1. This will force Maryland into a shall issue arrangement for CCW permits, but will also set a precedent for other challenges, as in the one we currently have here in CA. This actually gives us California residents our second win of the year. The first was Governor Brown signing legislation outlawing the unloaded open carrying of firearms. (For those of you that aren't familiar with our laws, a district judge through out a lawsuit challenging the "good cause" requirement on the basis that the old unloaded open carry law still allowed us to exercise our Second Amendment rights.)
2. A Federal District Court Judge has now said that: Yes, the Second Amendment has always protected our rights inside AND outside of home. Something Heller nor McDonald ever established.
Making sure they don't miss the point. ;D
Does this mean that you will be suspending your write-in campaign and officially endorsing the GOP nominee??? :o
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1. This will force Maryland into a shall issue arrangement for CCW permits,
The only problem is it will take YEARS to get the law written and passed. Plus I'm sure the knuckleheads in B'more and Annapolis will find a way around the ruling, then appeal to the SCOTUS, leading to more delays.
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The only problem is it will take YEARS to get the law written and passed. Plus I'm sure the knuckleheads in B'more and Annapolis will find a way around the ruling, then appeal to the SCOTUS, leading to more delays.
Yes, but if SCOTUS reaffirms this ruling it would be like trying to "undo" the A-Bomb and the look on Bloomberg's face would be priceless.... ;D
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Jnevis,
You are correct, the lawsuit was challenging the constitutionality of the "may issue" states.
1. This will force Maryland into a shall issue arrangement for CCW permits, but will also set a precedent for other challenges, as in the one we currently have here in CA. This actually gives us California residents our second win of the year. The first was Governor Brown signing legislation outlawing the unloaded open carrying of firearms. (For those of you that aren't familiar with our laws, a district judge through out a lawsuit challenging the "good cause" requirement on the basis that the old unloaded open carry law still allowed us to exercise our Second Amendment rights.)
2. A Federal District Court Judge has now said that: Yes, the Second Amendment has always protected our rights inside AND outside of home. Something Heller nor McDonald ever established.
Does this mean that you will be suspending your write-in campaign and officially endorsing the GOP nominee??? :o
Good God NO . I'll take any job I can get at this point, no matter how degrading.
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Besides Tom, doesn't there need to be a truly GOP canidate, not a RINO?
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Good God NO . I'll take any job I can get at this point, no matter how degrading.
Now that there is funny! ;D ;D
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States may not, however, seek to reduce the danger by means of widespread curtailment of the right itself. [E]ven the most legitimate goal may not be advanced in a constitutionally impermissible manner.—Judge Benson E. Legg
Holy S*** Batman!!!! WOW!!!! Quite the phrase.... Let the Brady Bunch choke on it for a while.....
Spoken like someone appointed to Judge the "Interpretation" of the law.,....NOT re-write it, not morph it, not legislate from the bench.
IMHO, spoken like a reincarnated Founder, following the premise of the 2nd Amend.
"(The Constitution preserves) the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms."
James Madison.
"Cherish, therefore, the spirit of our people, and keep alive their attention. Do not be too severe upon their errors, but reclaim them by enlightening them. If once they become inattentive to the public affairs, you and I, and Congress, and Assemblies, Judges, and Governors, shall all become wolves."
Thomas Jefferson
In Maryland to boot? All the better....
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Besides Tom, doesn't there need to be a truly GOP canidate, not a RINO?
You certainly won't have to worry about my gun policy, have ID, and a gun, (or an EMT kit for conscientious objectors) and be proficient in its use or you don't vote.
The constitution prohibits any kind of "loyalty" tests, but it does not say anything about competency tests.
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Sad part is the state AG vows to appeal, even while the legislature has a bill to repeal the requirement in committee. There has been a push for it every year and it never leaves committee because the chair is from B'more and is an anti. Our local Senator has consistantly backed the bill (and he's a D) but explained it this way: 1/3 the state wants Shall Issue, 1/3 the state doesn't, and the other third doesn't care one way or the other. The issue is that the don'ts include B'more and Annapolis and nearly half the committee seats to release it for a vote. Even if it makes it to the floor the larger counties with the most votes can persuade the delegates that are on the fence.