Maryland Handgun Permit Restrictions Found Unconstitutional by Federal Judge.
Happy details from the Associated Press:
Maryland’s requirement that residents show a “good and substantial reason” to get a handgun permit is unconstitutional, according to a federal judge’s opinion filed Monday. States can channel the way their residents exercise their Second Amendment right to bear arms, but because Maryland’s goal was to minimize the number of firearms carried outside homes by limiting the privilege to those who could demonstrate “good reason,” it had turned into a rationing system, infringing upon residents’ rights, U.S. District Judge Benson Everett Legg wrote. “A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,” he wrote. “The right’s existence is all the reason he needs.” Plaintiff Raymond Woollard obtained a handgun permit after fighting with an intruder in his Hampstead home in 2002, but was denied a renewal in 2009 because he could not show he had been subject to “threats occurring beyond his residence.” Woollard appealed, but was rejected by the review board, which found he hadn’t demonstrated a “good and substantial reason” to carry a handgun as a reasonable precaution. The suit filed in 2010 claimed that Maryland didn’t have a reason to deny the renewal and wrongly put the burden on Woollard to show why he still needed to carry a gun.
Maryland’s requirement that residents show a “good and substantial reason” to get a handgun permit is unconstitutional, according to a federal judge’s opinion filed Monday.
States can channel the way their residents exercise their Second Amendment right to bear arms, but because Maryland’s goal was to minimize the number of firearms carried outside homes by limiting the privilege to those who could demonstrate “good reason,” it had turned into a rationing system, infringing upon residents’ rights, U.S. District Judge Benson Everett Legg wrote.
“A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,” he wrote. “The right’s existence is all the reason he needs.”
Plaintiff Raymond Woollard obtained a handgun permit after fighting with an intruder in his Hampstead home in 2002, but was denied a renewal in 2009 because he could not show he had been subject to “threats occurring beyond his residence.” Woollard appealed, but was rejected by the review board, which found he hadn’t demonstrated a “good and substantial reason” to carry a handgun as a reasonable precaution. The suit filed in 2010 claimed that Maryland didn’t have a reason to deny the renewal and wrongly put the burden on Woollard to show why he still needed to carry a gun.
The Second Amendment Foundation sponsored the suit, and Woollard’s lawyer was Second Amendment vindicator Alan Gura, who also won the Heller and McDonald suits at the Supreme Court that established our right to own commonly used weapons for self-defense in the home, against both federal and state encroachment. By moving the Second Amendment argument here beyond the home, this case promises to help expand Second Amendment rights even beyond the Heller and McDonald standard.
My July 2009 interview with Gura. My 2008 book on the Heller case, Gun Control on Trial.
UPDATE: Thanks commenter Chris Brennan: The full decision.
[Hit and Run]
It will be interesting to see where this goes (if anywhere) as California has roughly the same law. In practice, “good and substantial reason” is a euphemism for “rich and/or powerful.” For example, some years ago I was told that I could get a concealed weapon permit in Orange County for a $15,000 bribe “campaign contribution”–certainly not a sum that an ordinary person stuck living in a high-crime neighborhood could readily afford. Ironically, that price was too low, and that sheriff was ejected from office for it.
The good news for us peasants is that the government seems to have finally caught on that they really don’t need to worry about an armed citizenry demonstrating the purpose of the Second Amendment, for the reason I quoted a few years ago, but it is a good way to lose the next election. While elections are meaningless in terms of their impact on the government, they do matter to the individual politician who losses his place on the gravy train.
The philosophy of gun control: Teenagers are roaring through town at 90 MPH, where the speed limit is 25. Your solution is to lower the speed limit to 20, outlaw any vehicle that has a round hood ornament or that can carry more than 10 gallons of fuel, require sensitivity training and mandatory annual testing for all licensed drivers, require all vehicle purchases to be documented at a dealership (with a 10-day waiting period), and specify the locks on the garage where the vehicles are stored (with their wheels removed and stored in a locked container on the other side of the home). Meanwhile the most dangerous intersections are changed from stoplights to yield signs, and residential and school zone regulations are tightened with ‘no-stop’ rules so strict that even police cannot stop to set up a speed trap, thus giving the speeders free reign in the very areas they are likely to do the most damage.
Tony B.
A Journalist’s Citizen’s Guide to Firearms Identification. Courtesy of The Arizona Rifleman.
[The Ultimate Answer to Kings]
An amusing joke about the mainstream media’s abysmal and willful ignorance on the subject of firearms.
…Guns will never be confiscated in the US: when martial law is declared, the gun owners will be given badges and arm-bands and sent out on patrol. As long as the President at the time is a right-winger and white, the gun nuts won’t put up a fuss.
Unknown Liberal
Guns and Mumbai.
India’s government not only failed to protect its citizens from terrorism, it wouldn’t allow them to protect themselves. Check out this paragraph from the Wall Street Journal:
At about 9:45 p.m., two gunmen, slender and in their mid-20s, ran up the circular driveway at the entrance to the Trident. They shot the security guard and two bellhops. The hotel had metal detectors, but none of its security personnel carried weapons because of the difficulties in obtaining gun permits from the Indian government, according to the hotel company’s chairman, P.R.S. Oberoi.
On the other hand, at least some Indian officials are taking responsibility for their failure, which is more than we can say about anyone in the U.S. government after September 11.
[The Agitator]
I’ve seen this sort of claim a number of places, but I disagree, because this isn’t a case of an individual going postal in a shopping mall or a school. In those parts of the US where ordinary people can legally carry handguns, the percentage who do so is very low–so low that there would be at best one or two people with a pistol around if something like this happened here. Real life isn’t like Die Hard–one guy with a pistol going up against a trained infantry squad is just going to die without accomplishing anything.
For the people on the spot to stop a terrorist attack like this, it’s also necessary for the culture to be such that all or nearly all of the people are armed at all times. That’s not the case in the US, and I know of no reason to think it’s the case in India either. In fact, the only incident I know of in my lifetime where an armed citizenry repelled heavily armed terrorists was in Somalia, when the city of Mogadishu drove off a terrorist attack by the Evil Empire. It was a costly victory, though–thousands of Somalis died fighting about a company of Imperial Stormtroopers.
460 Rowland — .44 Magnum Performance from a 1911 Platform.
Just learned about a new wildcat cartridge. The 460 Rowland cartridge gives better than .44 magnum performance by switching the barrel, guide rod, and spring on a standard 1911 pistol. Felt recoil is similar to regular .45 Auto, but, due to the compensator, directly back instead of twisting up. The case, made by Starline, is 1/16″ longer than a .45 Auto case, to prevent chambering it in a regular 1911. Can be reloaded with standard .45 Auto dies.
A $300 drop-in conversion kit is available from Clark Custom Guns
Press release: http://www.clarkcustomguns.com/460press.htm
Conversion kit order page with links to reloading data: http://www.clarkcustomguns.com/rowland.htm
Demo video: http://www.gunsandgears.tv/movie1.php?file=460_demo.flv
Guns and Gears Television promises a .460 Rowland carbine soon: http://www.gunsandgears.tv/
Photo below from This Real Guns article.
[End the War on Freedom]
I like the idea, but I’d be afraid to try it with my own M1911–I suspect that it might be a bit much for a ninety year old frame.
3 Suspects Break In, Only 2 Get Out Alive. A Woodland Hills homeowner shot and killed one of three suspects who burst into his home Friday afternoon in an apparent attempted home invasion robbery, police said. [CBS 2 News]
It’s pretty unusual for the mainstream media to admit that people use guns to defend themselves. Such stories are normally either buried completely or “sanitized” to remove any mention of how exactly the criminals were stopped.
It’s also worth comparing the outcome in this incident to another recent story, of the type the media prefers.
“I’ve Been to Chuck E. Cheese with a Gun”.
What happens when a Middle Eastern-looking man and a young black man walk into a LongHorn with loaded pistols on their belts?
“Welcome to LongHorn, will it just be the two of you?” The hostess told us there would be a 20-minute wait. We stood at the doorway and talked. Nobody said a word or even looked at us funny. A few people glanced down at my belt as they walked up, but honestly, a new iPhone would have caused a bigger fuss than our guns.
“Welcome to LongHorn, will it just be the two of you?”
The hostess told us there would be a 20-minute wait. We stood at the doorway and talked. Nobody said a word or even looked at us funny. A few people glanced down at my belt as they walked up, but honestly, a new iPhone would have caused a bigger fuss than our guns.
At Creative Loafing Atlanta, vaguely liberalish sensitive guy Andisheh Nouraee traipses around Atlanta and its environs with a gun and waits for reactions. Takeaway: No one even says “boo.”
In April, Georgia passed a law that expanded the list of places that it’s A-OK to carry a gun to include restaurants, including those that serve booze, and those that don’t, like Chuck E. Cheese, plus public transit:
“So I just want to be clear,” I asked [Atlanta public transit system] MARTA police Chief Wanda Dunham. “If I had a turkey sandwich in one hand and a gun in the other hand, MARTA police would ticket me for the turkey sandwich?” “If you’re eating it,” she replied. “Only if you’re eating it.”
“So I just want to be clear,” I asked [Atlanta public transit system] MARTA police Chief Wanda Dunham. “If I had a turkey sandwich in one hand and a gun in the other hand, MARTA police would ticket me for the turkey sandwich?”
“If you’re eating it,” she replied. “Only if you’re eating it.”
An interesting study in the robust minding-one’s-own-business ethos that makes America great. Read the whole thing.
There’s a bit of fuss today about the ruling by the Nazgûl in the Heller case. As I expected, they took the same position that Ashcroft did several years ago, which is (shortened considerably):
“The Second Amendment means what it says, just like the rest of the Bill of Rights, and we’ll ignore it whenever we want to, just like the rest of the Bill of Rights.”
The outcome is entirely predictable, of course; so much so that I just copied and pasted the above quote from a prediction I had made on a web forum yesterday.
Pro-Gun Law Helping Crime Victims Defend Themselves?.
You don’t say.
Good for the Detroit Free Press for running this story.
One week after a fatal carjacking in Hamtramck, an 18-year-old would-be carjacker was killed when his potential victim opened fire. Police said Michael Evans of Detroit brandished a handgun as he approached a 36-year-old man from Troy as he got into his vehicle after having dinner with friends. The Troy man used his registered handgun to shoot Evans in apparent self-defense. The shooting, which occurred in front of Detroit Police headquarters at 1300 Beaubien, remains under investigation, but prosecutors likely won’t charge the unidentified Troy man if his version of events checks out.
One week after a fatal carjacking in Hamtramck, an 18-year-old would-be carjacker was killed when his potential victim opened fire. Police said Michael Evans of Detroit brandished a handgun as he approached a 36-year-old man from Troy as he got into his vehicle after having dinner with friends. The Troy man used his registered handgun to shoot Evans in apparent self-defense.
The shooting, which occurred in front of Detroit Police headquarters at 1300 Beaubien, remains under investigation, but prosecutors likely won’t charge the unidentified Troy man if his version of events checks out.
Notice that the carjacker didn’t think anything of brandishing a gun and trying to carjack somebody right in front of the Detroit Police headquarters. This case clearly illustrates which is the more effective self-defense strategy: carrying a gun or relying on the cops.