Author Topic: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!  (Read 4443 times)

JovanS

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http://www.examiner.com/gun-rights-in-seattle/maryland-ruling-a-huge-victory-for-ccw-and-saf

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‘The Court finds that the right to bear arms is not limited to the home..’—Judge Benson E. Legg

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“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

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“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

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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.

tombogan03884

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Re: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!
« Reply #1 on: March 05, 2012, 03:48:30 PM »
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

jnevis

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Re: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!
« Reply #2 on: March 05, 2012, 04:32:59 PM »
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/
When seconds mean the difference between life and death, the police will be minutes away.

You are either SOLVING the problem, or you ARE the problem.

JovanS

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Re: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!
« Reply #3 on: March 05, 2012, 04:52:57 PM »
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

jnevis

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Re: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!
« Reply #4 on: March 05, 2012, 05:52:52 PM »
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.
When seconds mean the difference between life and death, the police will be minutes away.

You are either SOLVING the problem, or you ARE the problem.

Sponsor

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JovanS

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Re: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!
« Reply #5 on: March 05, 2012, 06:07:24 PM »
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

tombogan03884

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Re: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!
« Reply #6 on: March 05, 2012, 06:11:31 PM »
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.

jnevis

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Re: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!
« Reply #7 on: March 05, 2012, 06:37:21 PM »
Besides Tom, doesn't there need to be a truly GOP canidate, not a RINO?
When seconds mean the difference between life and death, the police will be minutes away.

You are either SOLVING the problem, or you ARE the problem.

kmitch200

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Re: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!
« Reply #8 on: March 05, 2012, 08:39:56 PM »
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
You can say lots of bad things about pedophiles; but at least they drive slowly past schools.

twyacht

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Re: U.S. District Judge Benson Everett Legg DROPS THE HAMMER!!!!!
« Reply #9 on: March 05, 2012, 09:01:21 PM »
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....

Thomas Jefferson: The strongest reason for the people to keep and bear arms is, as a last resort, to protect themselves against the tyranny of government. That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants."
Col. Jeff Cooper.

 

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