Maryland permit law struck down in Federal Court

[Sky King]

http://www.foxnews.com/politics/2012/03/05/federal-judge-rules-maryland-gun-permit-law-unconstitutional/

In a conversation I have had, I asked if this could help us in our work to get the parking lot bills passed here. Based on this statement in the judge's remarks:

"Judge Legg's ruling takes a substantial step toward restoring the Second Amendment to its rightful place in the Bill of Rights and provides gun owners with another significant victory," said SAF founder and Executive Vice President Alan M. Gottlieb. "The federal district court has carefully spelled out the obvious, that the Second Amendment does not stop at one's doorstep, but protects us wherever we have a right to be."

While this ruling is concerning Maryland's law and this statement is not part of the ruling itself, I feel it sould carry some weight as it IS from a Federal court AND the comment is about the United States Constitution, which applies to all of us, not just Maryland.

Maybe some constitutional scholars or lawyers could weigh in here.

[RobertNashville]

This case can't hurt but I think it's one more step in a very long journey.

One would think that the Second Amendment to the United States Constitution would apply to all citizens in all states and that no state or local law could supersede it yet, we all know that isn't true. It took decades to get here and it's going to take time to get back to where we were AND a Supreme Court that doesn't have a preponderance of justices who think like Ginsburg (and if Obummer wins re-election our one vote majority on the court is gone).

[Guest CCI]

This is very good news for gun owners!

[DaveTN]

"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."

If you acknowledge a right to bear arms; there is no need for a licensing system; it would be illegal.

"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."

You been asleep the last couple of years Judge?

[DaveTN]

One would think that the Second Amendment to the United States Constitution would apply to all citizens in all states and that no state or local law could supersede it yet, we all know that isn't true. It took decades to get here and it's going to take time to get back to where we were AND a Supreme Court that doesn't have a preponderance of justices who think like Ginsburg (and if Obummer wins re-election our one vote majority on the court is gone).

Exactly.

This isn’t about the 2^nd amendment; it’s about states’ rights.

You can put whoever you like on the SC; you still aren’t going to get a ruling that allows citizens to strap on guns and walk around if the state doesn’t want it. The Feds and the SCOTUS isn’t stopping the state of Tennessee from acknowledging the right to bear arms. They have put their stamp of approval on it. It’s our state legislators that refuse to recognize it.

[RobertNashville]

Exactly.

This isn’t about the 2^nd amendment; it’s about states’ rights.

You can put whoever you like on the SC; you still aren’t going to get a ruling that allows citizens to strap on guns and walk around if the state doesn’t want it. The Feds and the SCOTUS isn’t stopping the state of Tennessee from acknowledging the right to bear arms. They have put their stamp of approval on it. It’s our state legislators that refuse to recognize it.

Actually, you misinterpreted my meaning; at least to some extent...or maybe not???

Anyway...I agree that states have been allowed to ignore the U.S. Constitution (the operative word being "allowed"), however, in my layman's understanding of Constitutional law, the U.S. Constitution always trumps. In other words, in the case of clearly delineated rights identified in the U.S. Constitution, a state simply cannot "legally" ignore those rights. In my opinion, a State has no more right to forbid the keeping/bearing of arms then it does to decide to throw out the prohibitions against unreasonable search and seizure or force the harboring of troops.

Obviously, I'm talking technicalities here..in practice, "we the people" have stood by with our eyes and ears closed while both the Federal and State governments have nearly trashed the Constitution...I don't know that we'll ever reverse that.