Wednesday, August 8, 2012

The Second Amendment is still under attack!

If you thought that following the Hellar decision Second-Amendment advocates could rest easy, you'd be wrong.
Elliot Spitzer believes that New York's mayor, a/k/a King Michael, and our president should tell gun manufacturers, "Our governments will not deal with you unless you stop selling semi-automatic weapons and stop manufacturing magazines that hold more than 10 rounds." http://www.slate.com/blogs/spitzer/2012/08/07/gun_control_obama_and_bloomberg_
could_limit_semi_automatics_by_using_government_purchasing_power_.html  If Spitzer bothered to look at the facts, he would see that about 80% of handguns manufactured are semi-automatic. This makes his outrageous recommendation all the more absurd. He would love to live in Maryland!
Maryland bans the carrying of a handgun outside the home, openly or concealed, without a permit. The state, however, will graciously issue you a permit if you show that you aren't a convicted felon, you haven't been convicted of a drug offense, you are neither an alcoholic nor a drug addict, and you have not exhibited a propensity  for violence or instability. Additionally, the government's ominously named Handgun Permit Unit must "determine that [you have] good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger." 
Maryland resident Raymond Woollard challenged the law when the Handgun Permit Unit decided he no longer had "good and substantial reason" to have a carry permit. I'll leave to you the pleasure of reading about Mr. Woollard's reason and how the omniscient government decided he no longer faced any threat and wouldn't be needing that pesky old permit. http://marylandshallissue.org/share/opinions/Woollard_Opinion.pdf 
The district court in Maryland found that the Second Amendment's protection of "the right of the people to keep and bear Arms" extends beyond the home. The court then held the statute unconstitutional because it required the applicant to show he had "good and substantial reason" for a carry permit. The state appealed the decision to the United States Circuit Court of Appeals for the Fourth Circuit and the case is set for expedited hearing on October 23. 
FYI, there are significant Second Amendment cases pending in the Seventh and Ninth Circuits. Anyone want to bet what the Ninth Circuit's opinion will be? 

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