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Maryland Court Strikes Down Gun Control Law

Handgun permit system unconstitutional, judge decides

By Rob Quinn,  Newser Staff

Posted Mar 6, 2012 4:36 AM CST

(Newser) – Maryland has no right to demand that residents explain why they need to carry a gun outside the home, a federal judge ruled yesterday, declaring the state's handgun permit system unconstitutional. The law required residents to provide a "good and substantial reason” to carry a gun, but "the right to bear arms is not limited to the home," the judge decided, saying that Maryland had created a rationing system by trying to limit the number of firearms outside homes.

Gun rights advocates hailed the decision, which is likely to lead to challenges to similar laws in six other states, notes the Washington Post. The Brady Center, however, argues that Maryland is entitled to let law enforcement decide who carries a gun on the streets. The judge's decision "would be a very dangerous precedent to remain on the books," the center's legal director tells the Baltimore Sun. "We hope and expect it to be reversed." Colorado yesterday struck down a University of Colorado gun ban.

The law impermissibly infringes the right to keep and bear arms, the judge wrote.
"The law impermissibly infringes the right to keep and bear arms," the judge wrote.   (Getty Images)
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COMMENTS
Showing 3 of 47 comments
gomer99
Mar 6, 2012 2:15 PM CST
missplaced..........see below
ghinthorn
Mar 6, 2012 1:53 PM CST
"Maryland has no right to demand that residents explain why they need to carry a gun outside the home"  You're damn right they don't!  The right of the people to bear arms shall not be infringed upon.
CAMNEWTON999
Mar 6, 2012 1:26 PM CST
So i just have a hypothetical situation.. A guy walks into a crowded mall and opens fire. Then, 75 other people all take out guns as well.  Then what happens?  Who is the shooter? How is anyone, especially the cops supposed to know who the shooter is?  What happens when one guy shoots back and then bullets start flying in every which way?  I am not against having guns, I just don't think it is necessary to carry them with you at all times and I am absolutely against everyone being armed all the time, which it seems to me is what pro-gun people think would be a ideal society.   
 

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