4th Circuit Delays MD’s Shall Issue Permit Change

“We’ve seen a huge outcry from the public demanding common sense gun laws,” Brady Campaign to Prevent Gun Violence senior attorney Daniel Vice told baltimoresun.com. Vice made his org’s claim on popular support upon hearing that the 4th Circuit Court of Appeals blocked a ruling by U.S. District Court Judge Benson E. Legg that “would have flooded Maryland’s streets with unregulated guns.” Translation: Legg tossed-out the Old Line State’s “may issue” concealed carry permitting process as unconstitutional. “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.” Using language not unfamiliar to fans of George Orwell, MD AG Douglas F. Gansler [above] says he filed the stay because it was ‘”necessary to preserve the peace and tranquillity of the State and to protect the rights and liberties of the public.” Watch this space.

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About Robert Farago

Robert Farago is the Publisher of The Truth About Guns (TTAG). He started the site to explore the ethics, morality, business, politics, culture, technology, practice, strategy, dangers and fun of guns.

23 Responses to 4th Circuit Delays MD’s Shall Issue Permit Change

  1. avatar40&2000 says:

    Apparently law abiding citizens with properly aquired guns = “unregulated guns” and making you justify a right = protecting rights & liberties. I just don’t get it.

    • avatarMike S says:

      Consider it a sign that you are sane.

      • avatarLevi B says:

        I think the Brady Campaign should have to show good and substantial reason to exercise their first amendment rights, which they only use to spread falsehoods and misrepresented facts.

        • avatarMr. Pierogie says:

          We should also pass strict laws regulating the use of pens, pencils, keyboards etc. to prevent the spread of said falsehoods. I think we know better what’s good for them, it’s just for their own protection. I mean, who needs all those letters and words anyway?

  2. avatarRoll says:

    Those Brady idiots dont have a lick of common sense. I have them grouped in with the crazies like those Westboro a-holes.

  3. avatarPascal says:

    They case was about the “right” or the people, on what leg his he standing saying it is to protect the “right and liberty” of the people. WTF? Doesn’t the judge have to grant the stay? I can’t wait to hear this argument. This is about the limits of government at this point….we are getting to the point were we see if the courts say the people have any rights at all.

  4. avatarVA Pete says:

    No phrase quite sets my teeth on edge like “common sense gun laws”. There is so much deception and propaganda in that one little phrase.

  5. avatarLongPurple says:

    “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.”

    I just found the next Justice of the Supreme Court — U.S. District Court Judge Benson E. Legg.

    • avatarLevi B says:

      A judge who understands that the Bill of Rights is not granting us anything, but rather protecting our natural born rights from government interference.

  6. avatarjwm says:

    it’s delayed. what’s the next step? and legg would be a great sc justice. but if barry stays in the oval office he’ll not get picked.

  7. avatarshawmutt says:

    Gansler ran unopposed in 2010, and is not up for reelection until 2015. Why didn’t anyone run against this guy?

    I live in PA, but work and spend most of my time in MD. I was starting the process of getting my MD carry license on August 8th. Who knows how long I have to wait to be given permission to exercise my rights now…

  8. avatarAharon says:

    “says he filed the stay because it was ’”necessary to preserve the peace and tranquillity of the State”

    and in nearby Vermont:

    ‘Vermont man uses tractor to flatten 8 police cars’
    http://usnews.nbcnews.com/_news/2012/08/03/13103499-vermont-man-uses-tractor-to-flatten-8-police-cars?lite

    There are always numerous ways and tools to cause an effect.

    • avatarLongPurple says:

      There was one poster on that site who claimed he had a 9mm on him when they caught him. If so, he didn’t use it. The tractor was enough.

  9. avatarLemming says:

    It would appear that nation-wide, Baltimore is #5 for violent crime and #3 for murders.

    So, way to go Mr. Gansler. With your hard work Baltimore will be number one (with a bullet )

  10. avatarSanchanim says:

    HUH?? A little lost here..
    So you go through this whole CCW process, pay a fee, go through background checks, and somehow this equates to unregulated guns on the street?? My understanding is that it goes from may issue to shall issue. This means that nice little essay you need to include with your packet, becomes a one liner.
    How in the heck does that become unregulated guns??
    Someone please tell me!

    I now have a flat spot on my forehead from hitting it against my monitor!

  11. avatarRight! says:

    Never Confuse Communist Propaganda that is aimed at keeping the population disarmed for anything than what it is: an arm of the international communist insurgency against America

  12. avataruncommon_sense says:

    What I will never understand is how states like Maryland can claim that they need to keep denying the right of their citizens to bear arms to prevent “blood in the streets” … when about 40 other states stopped denying their citizens’ right to carry and the “blood in the streets” thing never happened.

    How can that possibly be a legal justification to keep infringing on rights?

  13. avatarMark N. says:

    Seems to me that the 4th is pretty much splitting the baby. Judge Legg had originally denied the stay pending appeal, and issued a detailed statement of his decision. One of the factors he considered was that the harm from granting the stay would result in the continued denial of second amendment rights to Maryland residents. The 4th, unfortunately, did not say why it granted the stay, but since it ordered expedited briefing and argument for October (in the court of appeals,this is a rocket docket–many cases are pending for more that two years before argument), the inference is that it doesn’t have any grounds for granting the stay except to maintain the status quo pending determination, i.e., it is apolitical, not legal, decision. To me, that in and of itself does not bode well, especially for a circuit that had previously declined to extend the right to bear arms to areas outside the home. But if this dourt’s decision is as fast as the rocket docket, it will be set up for cert in the near(er) term, perhaps even fall 2013.

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