Md. Gun Law Found Unconstitutional

BALTIMORE (AP) — The Second Amendment right to bear arms is not limited to the home and 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.

The right to bear arms has historically been understood to allow for militia membership and hunting, which extends the right beyond the home, U.S. District Judge Benson Everett Legg wrote. States can channel the way residents exercise their rights, but because Maryland’s goal was to minimize the number of firearms outside homes by limiting the privilege to those who could demonstrate “good reason,” it had turned into a rationing system, he wrote.

“A citizen may not be required to offer a `good and substantial reason’ why he should be permitted to exercise his rights,” Legg 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 on Woollard’s behalf by the Second Amendment Foundation 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.

“People have the right to carry a gun for self-defense and don’t have to prove that there’s a special reason for them to seek the permit,” said his attorney Alan Gura, who has challenged handgun bans in the District of Columbia and Chicago. “We’re not against the idea of a permit process, but the licensing system has to acknowledge that there’s a right to bear arms.”

The lawsuit names the state police superintendent and members of the Handgun Permit Review Board.

“We disagree with this ruling,” Assistant Attorney General Matthew Fader said in a statement. “In light of the very important implications of the ruling for public safety, the defendants will be appealing to the 4th Circuit Court of Appeals. The defendants will also be seeking a stay of the ruling pending appeal.”

Jonathan Lowy, director of legal action project at the Brady Center to Prevent Gun Violence, which assists states and cities in facing gun law challenges, expects the 4th Circuit to overturn the ruling.

“The Supreme Court has recognized the right to have guns in homes, but there is no right in public places,” Lowy said. “What Maryland does is reasonable. It allows law enforcement to make judgment based on substantial reasons why someone needs to carry a loaded gun in public. That’s not rationing and certainly not unconstitutional.”

But Gura disagrees, noting that many states require gun permits, but six states, including Maryland, issue permits on a discretionary basis. He’d like to see Maryland develop a licensing system that is “objective and straightforward.”

This suit is one of several federal suits the foundation is bringing across the nation, but it is the first time the foundation has had success before reaching the appeals level, according to foundation Founder and Executive Vice President Alan M. Gottlieb.

“Momentum is moving in our direction,” he said.

Rep. Roscoe Bartlett, a western Maryland Republican who has introduced a bill to protect the right to obtain a firearm for self-defense or to protect one’s home or family, applauded the ruling.

“As Judge Legg correctly ruled, the burden should be on the government to prove that an American is unfit to exercise this Constitutional right,” he said.

(Copyright 2012 by The Associated Press. All Rights Reserved.)

  • Sam

    God in heaven. Can it be possible? I can’t believe what I’m reading. Is it actually possible that MD might let citizens defend themselves? Is it possible that police and criminals are no longer the only people allowed to carry a gun? Is it possible that I soon won’t have to tell my daughter that she should just lie still and comply when someone grabs her on a jogging trail and rapes her so she has a better chance of surviving? Is it possible that the next time I’m at the harbor and I get robbed of the last $20 I have I can do something about it? It can’t be…..

    Senator Frosh must be having a heart attack right now…..

    • steelers01

      NO! Maryland is not letting anybody do anything. They are liberal pukes. It is the LAW and the CONSTITUTION that made these liberals follow the law.

    • rootvg

      California currently has “may issue” but this may lead to “shall issue” as it is in Ohio, Pennsylvania and many other states.

    • John

      It is possible that you will enjoy your rights as we do in Virginia. Maybe we will be able to cross state lines!!!!

    • BikerBen

      Actually, our second amendment right is God-given, not state-given. This is what the courts have again validated. The fact that you’ll probably still have to get a permit is absurd. After all, “the right of the people to keep and bear arms SHALL NOT BE INFRINGED.” And, of course, as with all of our enumerated rights under the Constitution, there is a corresponding responsibility. One should know how to handle the firearm, and maintain sufficient ammunition to help protect this country from tyrants and dictators. We are and will remain a free country only if people are willing to fight to maintain our freedoms.

    • August

      The Police ARE CRIMINALS!

      • HoobaDooba

        Ninety-five percent of police give the other five percent a bad name.

      • Lloyd

        So are doctors and lawyers and school teachers but you probably happily use their services.

      • josh

        Where did the police comment come from? Go back to your hood, nimwit.

      • David5300

        OH… They can be ,as much as anyone can be. Right now there are so many federal laws against one thing or another you are most likely in violation of at least one right now.

      • RS

        Gary – does that explain why the hoodlum police in Baltimore City beat people up who are lawfully expressing their right to videotape police activity? So it is okay for Big Brother to watch everything we do, but we have no right to provide evidence when they partake in wrongdoing? Stop blaming everything on “liberals,” and just face the truth.

      • GarytheObserver

        Liberals LOVE to criticize the police but they are not smart enough to realize cops are merely carrying out the power of the government to impose powers and control over YOU! They are not a bunch of collective renegades operating on their own. They are faithfully (as a whole) exercising the power and force of government officials over we the populace. We the foolish populace have gladly ceded our liberties, freedoms, and sovereignty to those in govt. Do NOT blame the police as a group… blame the government who direct their actions. The idiot who calls the police “pigs” is the same idiot who votes for government leaders who direct and empower the police to carry out their edicts. Funny how liberals cannot connect the dots from the police back to those who order the police around. If you want to criticize the police as a whole… START WITH THEIR BOSSES and believe me, it ain’t us… the populace. We are loosing OUR power daily… because one, they are taking it from us, and two, we continue to allow it.

    • Chris

      The way our Constitution is sometimes interpreted, we will have to register our religion next.

      • nswclb

        Chris if you feel your right to bear arms is at stake, you cannot blamd the President or the liberal party. Our government left the issue to bear arms to the interpetation of each state. So if your rights are being threaten then you need to blame those whom you elect for your state. In my state we can cary canceal or no without a permit. Different states different and the voters are the ones to blame.

      • slackware

        Not any more Obama will just tell you what to practice.
        Gee does that sound familiar to anyone else from england?

      • Joe Potus

        Bishop has it! Religion IS REQUIRED to be registered. Every dollar you give in charity MUST be tracked. Even when you share a meal.

        REMEMBER Obamacare requires you to file a 1099 to everyone you bought more than 600 dollars worth of goods from. Been to Sams or Walmart this year?

      • Jahnke

        I hate liberals.

      • ella funtz

        You haven’t already??????

      • Deskboy

        Good point, especially since Maryland was the colony that was tolerated religious freedom and why Catholicism grew there.

      • john

        You’re required to do this if you join the military.

      • Charlie

        @Federalist #79 The “Bill of Rights” are a list of rights endowed by our creator and outside the scope of any government, federal or state, to regulate in an arbitrary manner. The BOR’s didn’t create the rights it simply acknowledge them as already existing. For this reason there can’t be 50 different versions of the right. That is why it falls outside the scope of state government to regulate and infringe on in an arbitrary manner. Maryland’s law was arbitrary and failed to pass muster.

      • DEEBEE

        Imagine if MD had asked for a “reasonable” standard on a “discovered” right like abortion

      • Willene

        Chris — AMEN!! I’m really tired of the State, Local, and Federal Government trying to take away at our Constitutional Rights all the time. They all keep “chipping” away at these rights and it’s as disheartening as it is disgusting politics by most of the idiots sitting in Washington.

      • Jerzey Boy

        Excellent post Chris!

      • The Bishop

        Religion is ALREADY licensed! It’s called “501(c)(3)”!

      • Victor

        Already there. Heard of Obamacare?

      • Modahed

        @ nswclb Are you nuts? Did the government leave the right to free speech open to the states? What about the right 5th amendment? The Bill of Right supersedes any state law.

      • BFM

        @nswclb: Do we allow each state to decide on 1st Amendment Freedom of Speech or rights of women to vote? Then why should the law be applied any differently on the 2nd Amendment?

      • Federalist #79

        @BFM and Modahed:

        We actually do allow states to use their police power to make reasonable restrictions on the first amendment and the Supreme Court seemed to indicate that would be the approach to the second amendment in Heller. Why is it people love states’ rights until they get in the way of their political preferences?

    • David Kramer

      You forgot the security guards that the rich and politicians have. well and the politicians themselves. See, you are not a citizen, you are a serf. Get it right there buddy.

      • SparkyVA

        You just don’t understand. Some citizens are more equal than others (Animal Farm). They get the guns.

      • Scott

        Those evil rich people! Pooooooor little you.

      • MDABE80

        And David seems to forget about all those thugs who have their own guards…you know…those gangs? Selective on that David??

    • leelee

      The criminals carry them regardless. At least us have a chance to defend ourselves should we need to and not have to be a cop to do so. COPS cant be everywhere.

      • Darwinkle

        Remember this!
        When seconds count the cops are only minutes away!

      • RS

        Even when they’re around, they can’t be relied on to do anything.

    • disappointedvet

      My favorite part is? his right to bear arms is reason enough”. Outstanding judge!!! Now, if only the judge had followed that up with…BECAUSE HE CAN!!! it would be perfect.

    • Jim50

      Everyone in Maryland has a good reason to carry a gun. Because the government doesn’t want them to carry a gun! This is EXACTLY the reason for the 2nd Amendment!

    • Bob in Silver Spring

      Wait a minute. You have $20 left? Gov. O’Malloy and his people will be knocking at your door any minute. The state needs your money, children will starve and old people will be thrown out in the street. You sir, are selfish trying to keep your own money.

    • Ed G

      This does not compute…I live in Vermont where WE HAVE ZERO GUN LAWS…(correction – we are not allowed to carry a loaded long gun in the car so we don’t poach deer – handguns can be loaded) – we also have one of if not THE lowest CRIME RATES in the country…none of the liberals can explain this but its really quite simple – you break into a house here and you are very likely to get your ass shot off. We also have about the most liberal state government in the country but they are scared to death to mess with the gun owners up here….

      • TheLastBrainLeft

        There’s a measured correlation between strict gun laws and high crime rates amongst the states.

    • simon lomax

      obama won’t be happy. i sense a “natural causes” death coming for a certain judge. hope not.

    • Michael L

      Excellent news.
      Dear Original Framers: Rest easy: your Constitution and BIll of Rights is still holding on, though barely.
      Dear Maryland lawmakers: **** you.

    • John Byrd

      What do you expect? The United States is no longer a Republic. We
      are now a two-party dictatorship. And the problem with Obama? When
      he was elected President, he did not know he was expected to make
      decisions. Reminds us of the unemployed bum who won’t get a job
      because he is afraid he will have to do something. Fate, it would seem,
      is more unexpected than unavoidable. We are now the American Empire,
      the New Rome.

      • Do What

        @DAN. The morom is in the White House illegally. He was born in Mbassa, Kenya in 1961. His Kenyan grandmother said so! I’ll never get a permit to do what the 2nd Ad. allows me to do already.

      • Dan

        You sir are not only dead wrong about President Obama, but you are a complete moron as well. Obey your ten commandments, sir! Thou shall not bear false witness!

    • kev b

      The sad part is that most people in this country pay no attentionto what is going on. But they know who is on American idol, or who won the oscars, or the superbowl.

      • Annie Oakley


    • JohnnyBoy

      It’s interesting, the stuff they teach in J-School:

      “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.”

      In J-School, it seems the Right to Bear Arms is taught as a “privilege.”

      Here in America, we know it as a Right.

    • john smith

      I think this Judge of ther Inner Circle Marxists Is unwilling to obey the Constitution.

    • Worry01

      It is simply a backdoor way to regulate a right out of existence. It is actually reminiscent of the way the Old South virtually eliminated the right of Blacks to vote, even though it was supposedly guaranteed by the Fifteenth Amendment.

    • Steve

      The tree of liberty must be fed with the blood of Patriots from time to time.
      Thomas Jefferson
      Time for a revolution anyone?

      • The Federal Farmer

        Just remember, you’re gonna be waterboarded at gitmo or spilling your blood for liberals who hate you if you go that route.

      • Jeff Thomason

        (Picture me as a black lab waiting for you to throw the ball….)

        YES ! Time for a R3VOLUTION !!!!!

      • rbblum

        The best battleground for a revolution to rejuvinate a tired, old republic can be had with the fortitude of patriots presenting thoughtful arguments via the computer. . . . How many truly know and understand the history or our republic; much less what is presented within the Constitution or the Bill of Rights?

    • Freeland Dave

      Now if we could just the State of California to turn over their illegal laws that are doing the same things the state of MD was doing with their restrictive gun laws. If you have to prove to the Sheriff or the City Chief of Police of your “need” to have a weapons permit it’s just as restrictive as what MD was doing.

    • Miseur Bastille

      Sacre Bleu, the next thing they’ll be trying to get away with is outlawing GILLOTINES !

    • Jim In Frankfort

      Unfortunately it just means they will change a few words in the law and the cycle will begin again.

      • Kingfish

        Bo, Bo, whatcha gonna do, whatcha gonna do when they come for you.

      • WhatConstitution

        I wonder what this judge would make of treason, torture, the coup, and the cover up. Unelected officials playing God have taken over Washington and the media. Fact of the matter is we have no president, no democracy, and freedom of press is dictated by the Homeland.

        The next election is shaping up to be as big of a sham as the last. Do you know why Sarah Palin’s bus tour was really canceled? Do you know why she stayed 30 miles away from the second debate and chose the death of Steve Jobs to announce that she’s not running? Know what leaked out? Sarah Palin and Cain aren’t in the race for the same reason, the truth leaked out. Search PalinsDirtyLittleSecret for the biggest cover up in history

      • Mel Gifford

        “What Constitution” Thank you for opening my eyes. I can only imagine how mad the government would get with something of this magnitude leaking out. Excellent job. Keep spreading the truth I know I will.

      • American with a Cause


        You owe me the last 90 seconds of my life.

        I am now dumber for having searched for and read that nonsense.

      • Seriously?


        BAHAHAHAHAHAHAHAHAHA. You dumb. And my work here is done :-)

      • lexicon

        They will keep pushing this until they are able to take the guns from us.
        Make government obey our written laws.
        Less tax money = less government.

    • Jim in Houston

      Maryland isn’t doing it, it’s a federal judge and that itself is a minor miracle.

      • Kingfish

        The government is just drooling over all the revenue from the sales and taxes on the guns and ammo. Next month a another court will strike the law down, just watch!

    • Bob

      so now the feds say we can carry in Maryland, great only problem is if we use the weapon for self defence we could still go to jail. Maryland’s castle doctrine law only aplies to in your own house or business, and that just passed in 2010, on the street you still have to run away and only if you have nowhere to run AND you are in imediate danger ( like a bullet in your head )can you use deadly forse. Its a start but we still have a long way to go, we need castle doctrine stand your ground laws that aply the the victim not the place.

      • SirGareth

        C’mon mouse, turn and fire. Or do you want to take one in the back as you flee?

        I wont find you guilty as long as the story is credible – if you don’t trust your MD neighbors judgement you had better get of of Dodge.

  • JustAGuy

    Reason #128 why freedom loving Americans should NOT live in a blue state.

    • sanity

      agreed. all you crazy right wingers should move out of the north and into the (backwards) south. you can go back to thinking this is the 1700s.

      • Gork

        @sanity: Not everyone lives two blocks away from a police station in this state. We have a saying where I live: When Seconds count, the police will be there in minutes. Out here, the police can take around 10 minutes or more to get to the scene. How do I know? I have a police scanner and I listen. We’d all like it to be better, but our taxes have limits and I’m willing to take responsibility for my own defense.

        I think it is great this law was struck down. I don’t think this state has any business telling me what to use to defend myself. I’ll use whatever I need to. And if the tool i choose happens to be a handgun, who is the state to tell me that I can’t?

      • rootvg

        The media isn’t reporting what’s really going on, and it has little to do with guns.

        We’re splitting into two nations. All of us are well acquainted with the whole north versus south thing but this is more about the increasingly secular and affluent, highly educated, high cost of living coastal areas versus those who live in flyover country.

        You can see it coming. There’s a huge differential between California and Texas even in the better parts of that state. Boston and New York and San Francisco (and to a lesser extent Los Angeles) still attract most of the top drawer young professionals and college graduates while taxpayers in places like Ohio, Pennsylvania and Indiana are left holding the bag for their state sponsored university educations. Upper middle class and upper class Ohioans retire in Arizona, Florida and North Carolina while those left behind end up paying to take care of the half blind retired diabetic autoworker and his wife who never saved anything because they had no quality of live in their prime earning years and spent every dime they had. Forty percent of Ohio’s state budget now goes for indigent healthcare…and it’s gonna get a whole lot worse before it gets better.

        THIS is why people are up in arms and scared and angry. We are splitting into two separate nations as surely as I am sitting here writing this.

      • Relocated to FL

        Hey “Sanity”, I took my family out of that “Peoples Republic of Maryland” back in 2004 and went to SW Florida. NO REGRETS!!!! I went back this past summer. Any doubts my wife or I may of had were quickly erased. You can have your class warfar and anit-business envireoment from Gov O’Mally. No business = no jobs = no residents that produce=no tax base. I have my freedoms, security and a safe family enviroment down here.

      • JustAGuy

        @disappointedvet, don’t confuse the liberal. All he likely knows about the Constitution is the Separation Of Church And State, and freedom of leftists to say anything anywhere and at anytime.

        Even though you can’t find any of that text in the Constitution, leftists are certain it’s in there….

      • disappointedvet

        LOL, as he uses his first amendment right to critize our exercising of our second amendment right….probably doesn’t realize they were written by the same guys.

      • Renfield

        People have been fleeing the north for the south for the past two decades. While MA, CT, NJ, NY, PA, OH, IL, MI have all been hemorrhaging electoral votes, FL, GA, NC, VA, and TX have been gaining, and only LA has lost one (because of Katrina).

      • JustAGuy

        You may think I’m crazy, but I shoot tight groups!

        Just remember, should the Obama Economy descend to the point of civil unrest,, and the Obama Zombies are on a rampage, just tell them you voted for Obama too, and they won’t mug you and steal your stuff.

        And YES!!! It can happen in the USA: New Orleans, Los Angeles!

      • Snitch-in-Time

        sanity: First off, you picked a oxymoron for a name. Liberalism is neither mentally competent nor is it sane. Through political correctness, liberals have lost the ability to relate causes to effects which, in legal contemplation, makes liberals mentally incompetent. (This is why you don’t understand this court decision, BTW.) In addition, by rejecting transcendent values, liberals assume that there is no standard higher than their own ever changing liberal consensus. Thus liberals cannot distinguish between right and wrong, good and evil, or vice and virtue because liberals have no standard by which to do so. This makes liberals, by legal definition, criminally insane. So, no we neither live in 1700 nor do we plan to go back to 1700. Instead we plan to make 2012 the beginning of the Recovery of American Liberty. So, lose the quaint and outmoded 1930s liberalism. It doesn’t work now and, truth be told, didn’t work then either.

      • JohnnyBoy

        You’ve got a deal: since we’re so backward and, of course, racist, all the Blacks and Browns will have to move out of the south. Being the enlightened, progressive souls that you are, you will of course welcome them. Never mind that the North is actually more segregated than the South – Google it if you don’t believe me – we’re trading horses here.

    • Jude

      Plenty of reasons out there to live in a blue state, though.

      In fact, that’s just about the only reason I can think to not do it.

      • Dyler Turden

        @ Tony G : I too perform surgery on rockets.

      • Phil

        Did you know that MD is trying to become the first state to ban mail order cigar orders? legislation was passed in Maryland in 2010 which made it a felony to sell a cigar over the internet, by mail order or telephone to a Maryland resident. That law went into effect on May 1, 2011. However, Maryland State Comptroller, Peter Franchot, received a deluge of emails, letters and phone calls from Maryland cigar lovers objecting to the ban on consumer cigar shipments. As a result, Comptroller Franchot elected NOT to enforce the ban and recommended that the Maryland General Assembly revisit the law at the earliest possible juncture. I’ve also had to personally go to Annapolis to try and stop a 1000% tax on ammo. Had to take vacation time to sign up to speak. We showed up to speak and were told that bill had been pulled so we couldn’t speak. Cheap trick to try and push gun control through the tax committee and a demonstration that constant vigilance is the price of liberty. Maryland is definitely a nanny state wannabee.

      • Tony G

        @Dyler Turden: LOL ! I live in IL I also suffer in the same vocation

      • JustAGuy

        @NoName, what does that “compared to my neighbors” comment illustrate? Does it mean Ry moved from a blue state to a red state and his neighbors are imbeciles?

        If, in Ry’s opinion, red state residents are big dummies, what does that make him? Especially since he has moved from a SUPERIOR blue state, to a state full of dummies? IF all that were true, and I don’t accept that premise, it makes Ry seem given to making foolish decisions.

        Secondly, it makes Ry appear to be an arrogant individual who places himself on a pedestal and looks down his nose at his neighbors. If that’s so, it’s reasonable to conclude Ry is a jerk!

      • E.T.

        I love Los Angeles it’s the people I can’t stand.. a little twist on Linus philosophy.

      • CK

        Got one that you can show us, Jude?

      • Aston

        Jude, while your comment about red states getting more federal money than they contribute is a correct statement, your analysis is incorrect. The primary reason for red states getting more federal money is quite simple. The federal government transfers huge sums of money to the state dot’s (departments of transportation) to maintain the federal interstate system. Take that money away from the official rolls and you have a much different situation.

      • Red John

        Hey Jude..

        “As for burdensome laws? What? Plenty of red states have… made it harder to get an abortion”

        GOOD! I believe it’s “Suffer the little children” not “Puree them”.

        “.. others have made it illegal to buy sex toys”

        So play with your self.

        “…others have made gay marriage illegal”

        No, no YOUR self, not his.

        “and some even still have laws WHICH THEY ENFORCE…”

        Tell the truth. THAT’s what really differentiates a red state from a blue one and ticks you off most of all isn’t it?

      • Brenda

        Blue states live within their means?? ARE YOU KIDDING ME?? Have you ever heard of New York, Illinois, New Jersey, California??? THEY ARE ALL BANKRUPT….just like EVERY STATE with a DEMOCRATIC RUN LEGISLATURE.

      • NoName

        @JustAGuy… did you miss the last sentence of Ry’s comment? Did you miss the part “compared to my neighbors”? Did you mis the “on average” qualifier? Jeesh… you are actually destroying his argument and might be proving that blue states are truly smarter and not just by comparison or any average. Don’t take this as supporting blue states or red states. Just take it as you missed his point.

      • JustAGuy


        That was an arbitrary comment without substantiating argument and facts to back it up. If you live in a blue state, your comment impugns the point you’re trying to defend.

      • disappointedvet

        Yes, when you expect the gov’t to give you handouts it’s great to live in a blue state.

      • Don

        Blue states get fewer Federal Dollars because the population of Blue States are on the Federeal Dole…. no contributions…. no return…. its the Red State people that make all the contributions…

      • Deskboy

        Not enough for my taste. If blue staters keep electing Obama, and Steny Hoyer and the like you can have it…

      • ChuckW

        Just a quick comment. I left California and moved to Texas and then Virginia to get away from all the bleeding heart liberals and their union cronies. Virginia is a Right to Work state and anyone can open carry their sidearm. I prefer concealed carry and had no difficulty obtaining the permit, they require that you not be a felon and know how to use the weapon safely. The surrounding states, with the exception of Maryland, recognize my permit. As far as other social issues, I fully support any legislation that reduces the murder of children within the commonwealth. Let those that wish to abort their children hop across the state line into MD if they don’t like our laws. I don’t support any law that limits what an individual does in the privacy of their own home as long as it doesn’t endanger his neighbors or infringe upon other citizen’s rights. After reading this article and the comments I feel compelled to go vote for Paul in the primary.
        Semper Fi

      • Pat Jameson

        Unelected officials have taken over Washington and are orchestrating the daily news. Most of the comments and replies you’re reading online are government created too. With many stories the COMMENTS ARE CREATED BEFORE THE STORY IS REPORTED. They are designed to generate a response to engage “dangerous people” in real time.

        The oldest, first, highest, best, and most popular rated comments are almost all government propaganda. They are conducting Psy-ops (psychological operations) for domestic spying. They have 1000s of user names and are determined to bury the truth or ATTACK anyone leaking it.

        The next election is shaping up to be as big of a sham as the last. Do you know why Sarah Palin’s bus tour was really canceled? Do you know why she stayed 30 miles away from the second debate and chose the death of Steve Jobs to announce that she’s not running? Know what leaked out? Sarah Palin and Cain aren’t in the race for the same reason, the truth leaked out. Search PalinsDirtyLittleSecret for the biggest cover up in history

      • RS

        Actually, you might be surprised at how many of us Democrats support the right to bear arms.

      • FusterCluck

        @ NoName – Well played.

      • Renfield

        I lived in dark blue New Jersey for 54 years. I like it FAR better here in dark red Alabama.

      • Tony G

        @Justaguy: Ry was making a humorous comparison. He CURRENTLY lives in a blue state and seems like a rocket surgeon compared to his lib neighbors. He’s afraid that if he moves to a red state, that he’d be just an average guy compared with his new neighbors.Borrow a sense of humor for the afternoon !

      • Ben

        “GOOD! I believe it’s “Suffer the little children” not “Puree them”.”

        A cluster of undifferentiated cells isn’t a “little child” any more than an unfertilized egg is. Until there is a nervous system, all you have are cells. Not a person. Not a child. Nothing.

        Until you learn to distinguish between abortion on early terms and abortion of actual fetuses, your argument is shrill and pointless.

        Even so, there are fetuses that should not be brought to term: The product of rape; a body without a brain; that kind of thing. The mother has every right to consider her body before that of the child, if she so chooses. She isn’t your “vessel” to cook up kids in, she’s a person with rights to see to her her own safety and more.

      • Tom

        I have heard of this opinion before. I do not hold such an opinion, When the sperm penatrates the egg, pufe, you have a humane being. Fetus, infant, toddler , child, teenager, adult, elder are stages in a human beings life cicle. they not things and they are their own body. I just wanted to share my position w/ u. There soo many different topics on this thred

      • JustAGuy

        @Jude, PLEASE!!!! Retire that tripe. I looked it up. The best source I could find was citing obsolete data. This is Obama’s America, don’t use stale, old data.

        You actually say blue states know how to live within their means and red states don’t? You say that with a straight face? I submit to you, California, Illinois, and New York. I rest my case!

        I also see you consider states that make it harder for mothers to kill their unborn babies a burdensome law. Duly noted. Please give an example of your statement that red states are currently invading the bedroom.

      • NoName

        JustAGuy: Smarter by comparison. You aren’t helping the argument by missing that.

      • Yo Yo

        @JUDE (2nd comment)

        “with the exception of Texas”….you said it all right there.

      • RHO

        Oh, sure. Like having lots of Marxist neighbors. That would be the big reason to live in a blue state.

      • Ry

        JustAGuy, I’d say living in a Blue State makes me much smarter than average when compared to my neighbors. If I moved to Texas, I might just be “average”…

        Don’t worry, I’m coming as soon as I can…

      • BornInTheUSA

        @SAO. Preparing to sell the house and move to one of those States you mentioned… preferring Florida.. because I will start a new business and expect to hire single digit to start, and end with around 50, but that might increase. Bye Bye New York… for all the Freedom and Constitution reasons.

      • The Federal Farmer

        Starting a business? Out the the frying pan, into the fire.

      • Jude

        SAO, you do realize that red states, with the exception of Texas, primarily, get more money in Federal Tax dollars than they put into it? And that most blue states get less back than they put into it? I wonder if those “excessive fees” you mention have anything to do with it? It seems like blue states know how to live within their means and red states do not.

        As for burdensome laws? What? Plenty of red states have insanely burdensome laws about plenty of subjects. Some have made it harder to get an abortion, others have made it illegal to buy sex toys, others have made gay marriage illegal, and some even still have laws WHICH THEY ENFORCE (even though it is unconstitutional to do so) barring unmarried people from cohabitation. Talk about burdensome! Red states are constantly invading the bedroom of people that live in them.

        The biggest burden I see in MD is this stupid gun law, and now that it should be biting the dust, we’re all better off. This great state just got close to perfection.

      • JustAGuy

        Ry, you say living in a blue state makes you smarter?

        You may have reasons why you prefer living in a blue state, but saying it makes you smarter pretty much lacks intelligent reasoning.

      • Americagreat

        Would love to here the reasons Jude.

      • JustAGuy

        Like what?

        I lived half my life in a blue state, I now live in a red state. The red state is much better.

      • mark

        Interesting…I live in Democratic dominate Oregon, but we have the best gun laws around for good citizens and no restrictions on NFA items. Unbelieveable but true.

      • SAO

        Like the high taxes, burdonsome laws, excessive fees, and endless gov’t spending. I guess that’s why the blue state are hemorrhaging residents and AZ, GA, SC, FL, and TX are gaining residents

      • Rick

        I thought you were supposed to be listing the BAD things about living in a red state?

      • SAO

        Sorry Jude. The federal gov’ is printing money and spending far more than it takes in. Stop using that lame argument that only works when the budget is balanced.

  • Makeem Stop

    Thank you Judge Legg! Please… can you also remove all those responsible for violating our Constitution – from their positions? Heck, jail time and a fine would also be nice too.

  • Sum

    Any Government Official that steps on your Consititional Rights is a Crimminal.

    • Kevin

      The only thing wrong with the constitution was that it did not set out specific penalties for violation of its clauses and amendments.

      • Max

        the penalty is the 2nd amendment.

  • siylencedogood

    A judge that understands and rules according to the constitution in Blue England? That’s encouraging.

  • 9mm +P

    Hell is preparing to freeze over…

  • Kevin

    Well we have at least one federal district court judge who can read the constitution. It’s pretty much black and white, with their being no room for weasel words to restrict law-abiding citizens the right to be safe in their homes, workplace, and in their general lives. Watch and see how fast crime plummets once the criminals realize that there’s a good chance their potential victims might be armed.

  • NoFear

    God bless you Judge Benson Everett Legg.

    • edleary1227

      Finally, law-biding citizens can be more than the 1.8% that have been issued a permit for self-defense since ‘good and substantial’ was enacted.

      No longer are we a minority in the U.S.

  • judge

    Take back your country. Restore the republic. Prison time for traitors. youtube: walter cronkite hillary clinton wfa

  • MoMo

    Holy snit shacks unreal a judge who knows the Constitution!

  • Guest

    A “permit” law is an infringement. Period.

    • willie

      Ah but the permit to carry is also de-facto registration because (at least here in california) you have to list make model and serial number of any firearm you intend to carry.

      • FusterCluck

        @willie – If, and I mean IF, you can get a concealed carry permit in the first place. It depends on what county you live in and it definitely helps to know a cop.

    • TGC

      I agree 100%! Read the Constitution…it doesn’t mention ANYTHING about a permit, a fee, a class, or a license!

    • Desert Eagle

      I can’t afford a permit and what is needed to obtain one. Do I criminalize myself and carry to protect from the criminals? I’m sure our Forefathers would be proud.

    • Fritz

      Agreed. God bless this judge.

      • BornInTheUSA

        Get him into the SC to replace poor ol’ Ginsburg who did some traveling at our expense of course to meet with an Egyptian official and warn him that Egypt should not copy our Constitution because people like her have a hard time working under such an old, out of date, Constitution. She recommended Egypt copy an European Constitution developed after WWII. We know that those Constitutions were not based on Christian Principles. That must be Mz Ginsburg’s problem. What does an Oath mean to that skunk? She took an oath not to uphold an out dated Constitution, but just to get her lifetime $$ with all that power. Set her in the street, and put THIS Judge in her place. We can do it. Our House can impeach her. She must be impeached, tried as a traitor and jailed. The House impeached SC Justice Chase a signer of the Constitution yrs ago for showing Federalist leanings, but the Senate blocked it saying he had a right to his opinion. Well, this isn’t just an opinion or a view… it is a traitorous deceit of the SC Justice’s Oath not to damage our Constitution.

      • BornInTheUSA

        correction… he was a signer of the Declaration of Independence

  • Terry Rohan

    this is a divisional class warfare by the race baiters, like Obama and Holder. They know white Americans are the ones obtaining firearms legally, so they are safe to go after anything to do with defending yourself. Does that mean they perceive themselves as part of the human crime wave of the 21st century, YOU BETCHA!

    • B

      White Americans obtaining firearms legally? Hate to burst your bubble, but I know many black, asian and hispanics who have concealed carry permits. And not all white gun owners are entirely legal. This isn’t a white or black thing. Its an American thing.

      • BeauW

        With the exception a a few closeted racists, most of us are behind you, B! More women are joining our ranks as well.

        —From a white conservative Christian gun owner!

      • Sam

        Absolutely True!

      • Modahed

        Well put B!

    • Army for Life

      come on! are you serious? I am a 20 year Army vet and I love my firearms. Oh, did I mention I just happen to born as a non-white. If you want a true constitutional country then include “We the People” and stop with the Separatist race baiting.

      • Do What

        Statistics don’t lie. Obama’s used the race-card since ’08, so tough turkey!
        I’d cut the race based hiring out in flash, if I could.

      • Sam

        Amen Brother. and thank you for your service.

      • LTCB

        Go a step further and ARM THE NATION. ALL who are legally allowed to own a firearm should be REQUIRED to own one and know how to use it. Massive layoffs in police I think would result. Fewer court cases too.

      • peterkuck

        we are one people divided by the politicians.
        thank you for your service my brother.

      • Snitch-in-Time

        Thank you for standing up and speaking the truth that real Americans come in all colors. America is a grand experiment where men from all over the earth can can together under the banner of a really BIG idea that men can successfully govern themselves in Liberty through the laws of nature and nature’s God.

      • Bloodyspartan

        they you Know damn well what is going on and you sir are an exception.

        BUT I had a great friend of color years ago and he always told me it would be black first , second and third always.

        Right or wrong .

        He said he would never go there but he die eventually.

      • JohnnyBoy

        Your military record and your race do not make your advice any less bad. And in fact, your advice is bad. Liberals play the race card every chance they get, and we should return the favor. When your enemy uses biological warfare or nukes, you don’t cry about treaty violations; you reciprocate with bioweapons or nukes. That simple logic should be apparent to a soldier.

        The gentleman was right; laws like this have “disparate impact” (in the logical, if not the narrow legal sense) and should be decried as “racist.” The race card is perfectly applicable here.

        Conservatives, rightists, whatever, need to stop acting like they have to be the only ones who play nice. Losers play nice. Winners do whatever they have to do to win.

      • Paul

        Well said, and thank you for your service, Sir! I am sick and tired of the race-baiting on both sides of the political isle.

      • AK

        Good friend of mine, ringer for Obama and an Air Force Lt Col. Few weeks ago were at the range wringing homebrew loads out of his Freedom Arms .475 Linebaugh.

        Someone tell me again how all the right-thinking gun owners are white…?

    • Jude

      What? Obama has done nothing but GIVE more firearm freedom. Anybody that tells you otherwise is a liar. The guy isn’t a great President, but he’s left guns alone when it came to restrictions.

      • CK

        Because he saw what happened in ’94 and he has an election to worry about. If he wins in ’12, I think he’ll be changing his tune to a more anti-gun chorus.

      • HammerNH

        Your MOST nanny-state comment Jude. Rights are NOT ‘given’ nor can they be (legally) taken away. MA0bama is a direct threat to our freedom because he hates those who ‘cling to their gun and religion…’
        Enjoy Marxism-lite whichever ‘blue; state you live in.

      • ConnieCon

        That’s only because Fast and Furious blew up in his face (and unfortunately Brian Terry’s). Until Officer Terry’s death, Obama and Hillary were out there every week blaming the second amendment for the drug ring deaths in Mexico. Their plan, once they got all the guns over the border, was to prove that the second amendment needed to be abolished because it was affecting other countries.
        Also, have you checked the cost of ammo since dear leader has taken office? There is always more than one way to skin a cat.

      • gunner

        Jude: I WILL tell you “otherwise.” Operation Fast & Furious was a back door attempt at trashing the Second Amendment. Hitlery Klinton is pushing for U.S. ratification of the U.N. small arms treaty (which will essentially make the Second Amendment null and void). And if you want to call ME a liar, please come and do it to my face.

      • Ken Nobbs

        Jude, he’s been intentionally quiet on the subject to stay under the radar and help get himself re-elected. IF he gets a second term, that will be when he springs his anti-gun agenda on us. He has historically aligned himself with the anti-gun movement.

        Check out this article that was in The Washington Times:

      • K. Hunter

        Adtually Obama has taken a different tack. Rather than try to limit our ability to defend ourselves by forbidding us to carry guns he has gone after the ammunition manufacturers by requireing micro id on shell casings and imposing limits on the types and quantities of ammunition that can be manufactured legally. Your handgun isn’t particularly useful if you can’t get ammo because its either too rare or too expensive. The DOJ has also supported each peice of antigun legislation that has been challenged in court.

        Do your homework people.

      • gunner
      • AK

        His attack on 2A is long-view, pure Marxist. Not through legislative proces, which he (and his party) would lose, as they did in ’94, but by SCOTUS appointments. That way his party dosn’t get the direct blame when Heller and McDonald are overturned. Look at the way Kagan and Sotomayor are voting…..

        Until then, why, he’s a moderate centrist.

  • tdrag

    How much longer will this judge be allowed to sit?

    • ChurchvilleMile

      Until he retires, they carry him out feet first, or he’s impeached. Federal judges have lifetime appointments.

  • Jim

    You DO NOT NEED A PERMIT! The Constitution is all the PERMIT anyone needs. The right to bear arms…………PERIOD.

    • John Adams

      The Constitution is NOT A PERMIT. It is only a list of enumerated (numbered/finite; see 9th amendment) restrictions on the Federal government’s powers. Our freedoms and rights (unenumerated; see 10th amendment) do not come from the government, or the Constitution.

      People need to remember this crucial distinction. Rights are naturally attained by just being human. Our governing laws were to restrict what the government can do to you.

      Of course the Judiciary and the rest of Congress including the Executive branch have done all they can to undo the greatest plan for a free country ever designed. Through rulings, and alphabet agency regulations, we have de facto law that would never have passed the founding father’s muster.

      • gunner

        Our founding fathers believed that our “rights” were God given. That’s why most libturds are athiests.

      • davec


        This idea that the C grants rights is a deadly lie, because when it does, then it can be Amended to take them away.

        The Bill of rights is separate. God gave us, and we took, our rights.

        The C does two things:

        1.) establishes LIMITED Government
        2.) FORBIDS it to infringe.

        In this time of war with an enemy, and claims by Government that this enemy is within, IMO, it rises to TREASON to attempt to infringe on the RKBA

  • Marshall KGUN

    I live in Arizona and I’m confused. What’s a “handgun permit”? To me, a “handgun” is “permitted” by the U.S. Constitution’s Second Amendment. End of Story.

    • K. Hunter

      Have you not read of the recent arrests of legal gun owners in New Your, et al? This is one of those cases where the administration recognizes the tenth amendment to the detriment of second, the constitution generally and ultimately the citizenry. These people don’t even recognize their tyranical behavior, they believe instead that they are protecting us from our baser instincts. Like the urge to protect ourselves, our families and our property from the ravages of criminals in and our of government.

    • Sam

      LOL……welcome to MD. Check your guns at the gate. Please leave your checkbook with the Comptroller at the gate. A waste basket has also been provided for any copies of the Constitution you may be carrying.

      • KJV

        EPIC Sam, EPIC. LOL

      • Pull

        MD is not as bad as New Jersey, but it is close. Did you know that in Maryland, if you are on your way to the skeet range with your shotgun locked in your trunk and you stop for gas, you have committed a crime.

  • Patrick Duffy

    The idea of a “permit” is unconstitutional. As long as a citizen has not commited a past crime, there is nothing in the constitution forbidding any lawful citizen from carrying a gun at any time. No government “permission” is required. All gun laws should be struck down because they restrict lawful citizens from exercising their God-given rights, and it has nothing to do with what is written on a piece of paper in Washington DC.

    • davec

      You made a false statement:

      “As long as a citizen has not commited a past crime

      The Second Amendment does not allow such an exclusion.

      What part of SHALL NOT BE INFRINGED dont you get?

      OK, so the distinction is “committed a crime”

      OK, now owning a gun si a crime.

      Your’e a criminal for just owning a gun.

      No gun rights.

      See where that traitorous game goes? It goes EXACTLY the same way it went in Castros Cuba in the 1950s.

      Apparently you have missed what “RIGHT” means?

      Rights for you but not others.

      • TJP

        Well, isn’t being in jail rather damaging to your “liberty” or “pursuit of happiness”? Why are we locking up anyone? Let’s face it, if you’ve committed a felony, especially a violent felony, you have violated everyone else’s rights, and as such have no right to anything except perhaps life (and not even that if you committed a rape or murder, imho). This is not the government taking away your rights, it’s you choosing to commit a crime and nullifying your own rights.

        I have no objection to a basic criminal check, or requiring gun owners to have taken a gun training course (or alternately, passed an exam, if they already know how to shoot). But not having done so and getting caught should be a fineable offense, not a felony, so long as you’re not a felon and so long as you don’t shoot someone by mistake. If your life is in imminent danger, you don’t always have time to go through days of background checks and gun training.

      • BeauW

        Voting is a right as well…but felons have that right taken away as well. Now the real problem is that sometimes someone is accused of something unjustly…so in states like Maryland, if you are under a restraining order, you are denied the right to buy a firearm. While restraining orders are sometimes given to truly protect someone, fairly often it is used as a tactic to make an accusation towards an ex spouse or estranged spouse.

  • DASA

    Whether the anti-gun folks like it or not, the rights in the Second Amendment to the U.S. Constitution are no less sacred than those of any other. We would cringe if someone said you need a “good and substantial reason” to criticize your government or to practice your religious beliefs. Not only is it contrary to our founding principles it is too arbitrary. The words “good” and “substantial” mean different things to different people making the rule unenforceable in addition to being unconstitutional. Good decision by the judge.

    • davec

      If theres a 10 round magazine ban, then Journalist can only say 10 words.

      Get it, Main Sleaze Media??

      • K. Hunter

        But rules like that would only apply to those who write things that are offensive to the current powers that be. We can’t have pople trashing our wondrous political class if we wxpect them to maintain the high levels of self esteem so necessary to their continued excellence..

  • Dan

    Yea-what part of “Shall not be infringed” is so hard to understad???

    • Jude

      I know, right!? Somebody should inform congress over their lovely new “you can’t protest where we say you can’t protest” bill. The House just passed this POS that basically makes it a crime to protest whenever DHS wants it to be.

      • B

        I just read about this too. Talk about scary. It doesn’t even have to be protesting. You can be thrown in jail for even accidentally entering an area without knowing someone will be there even if it wasn’t announced or planned, even if you were there first. So if you’re a CHL holder and you’re in a waffle house and Joe Biden stops in for a bite, the Secret Service finds out you have a valid CHL and are in no other way violating the law, you are now under arrest and will lose your 2nd amendment rights. Crazy.

      • Renfield

        Some university built a campus “First Amendment Square,” too, to celebrate freedom of religion, freedom of speech and of the press, and the right of the people peaceably to assemble. At that “First Amendment Square,” however, “political speech” is PROHIBITED.

  • Bill O'Riley

    There is a reason liberal judges trample on your 2nd Amendment rights…because they don’t fear the citizenry. Perhaps, if some of these liberal activist judges were found face down in a dumpster, the rest of the judges would think twice before trampling our rights.

    • davec

      they fear the Citizenry now. Gun and ammo sales are off the charts. 100 million armed Citizens and no one knows how many multiple owners there are.

      And, of course, Citizens have nothing to fear from Police, who are going around executing people in the streets for no good reason.

      Nothing at all…

  • Jonhn Yaya

    There is only one gun law in this country, the 2nd Amendment. All else is bureaucratic nonsense that I choose to comply with or not at my discretion.

    The world is filled with violence. Because criminals carry guns, we decent law-abiding citizens should also have guns. Otherwise they will win and the decent people will lose.

    • davec has already been proven the case.

      Notice all the crime ridden cesspools of gun violence are big cities which have GUN LAWS. Chicago, DC (besides the other crime there in the District of Corruption) LA, Atlanta…

      Then theres Kennesaw GA. no crime. Everyone by law has to be armed (house):

  • BadKosh

    Liberals will believe anything! As long as you explain the fiction/lie in the most convoluted and complex way – they think is shows intellectualizm….

  • davec

    All gun laws are un-Constituitional. A law that says you cant shoot someone hinges on damages, not gun ownership, but crooked Legislators and lawyers have seized on that for agenda purposes.

    YEAH !!!!!

    What part of SHALL NOT BE INFRINGED is difficult to understand?

    Then this scam:

    “He says it isn’t sufficiently tailored to the state’s public safety interests.”

    1.) the State belongs to the People

    2.) since when does one parties private property ownership interest trump anothers, to deprive them of possession of their property (gun)?

    Especially since the State HAS NO RIGHTS. All rights belong to the People.

  • Larry

    I carry a handgun. I have no permit. I will never get a permit. PERIOD.

    • davec


      Besides, no CC law for rifles, why discriminate against handguns?

  • r charles


    • davec

      I got that one.. excellent comment!!!!

      weee wee weeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee

  • Ellie Lightt

    yes about time
    MD joins other states in supporting the 2nd amendment

    • BeauW

      Except so far, it’s only 1 judge…Who’s gonna convince our legislatures since it’s dominated by Liberal Democrats who are primarily from just 3 of the 23 local jurisdictions in Maryland?

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