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Gun Rights Advance in Maryland

By summerfairy,  Newser User

Posted Mar 5, 2012 9:57 PM CST

(User Submitted) – A decision by U.S. District Judge Benson Everett Legg has struck down Maryland's requirement that a potential gun owner must provide a “good and substantial reason” to legally own a handgun as unconstitutional.

He ruled that Maryland used the law to arbitrarily restrict and hinder gun ownership.

“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.”

The state went further to restrict gun ownership by requiring imminent danger to even own the hand gun in the case of Plaintiff Raymond Woollard who had been the victim of a home invasion years before and was seeking renewal.

“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 Woollard’s attorney Alan Gura, who Fox reports has challenged handgun bans in the District of Columbia and Chicago as an attorney with the Second Amendment Foundation. “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.” Read the full article.

Story not vetted by Newser.
  (AP)
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Showing 2 of 2 comments
Fondue
Mar 14, 2012 7:42 PM CDT
What is the process for purchasing a firearm in California? All firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process. California imposes a 10-day waiting period before a firearm can be released to a buyer or transferee. A person must be at least 18 years of age to purchase a rifle or shotgun. To buy a handgun, a person must be at least 21 years of age, and either 1) possess an HSC plus successfully complete a safety demonstration with the handgun being purchased or 2) qualify for an HSC exemption. As part of the DROS process, the buyer must present "clear evidence of identity and age" which is defined as a valid, non-expired California Driver's License or Identification Card issued by the Department of Motor Vehicles. A military identification accompanied by permanent duty station orders indicating a posting in California is also acceptable. If the buyer is not a U.S. Citizen, then he or she is required to demonstrate that he or she is legally within the United States by providing to the firearms dealer with documentation that contains his/her Alien Registration Number or I-94 Number. Purchasers of handguns are also required to provide proof of California residency, such as a utility bill, residential lease, property deed, or government-issued identification (other than a drivers license or other DMV-issued identification). (PC Section 12071) http://oag.ca.gov/firearms/pubfaqs#3
summerfairy
Mar 6, 2012 12:20 AM CST
California currently requires an applicant to prove need to receive a gun license.  Look for that to be contested in the near future.
 

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