Criminal Defense Lawyer Blog
Recently a controversial Maryland gun law was declared unconstitutional in federal court. The decision left gun supporters and opponents alike arguing over the possible impacts on violent crime such as robbery, burglary, and even murder. The law required all Maryland residents to prove a “good and substantial reason” to be able to legally carry a handgun outside of the home in order to be granted a gun permit. The lawsuit began when a Baltimore man sued the state of Maryland in federal civil court after his application to renew his handgun carry permit was denied. The Baltimore man was joined in the lawsuit as plaintiff by the Second Amendment Foundation, a non-profit organization dedicated to the preservation of the right to bear arms. The plaintiffs prevailed, and provided the case is not successfully appealed, the Maryland legislature must modify this gun law.
Federal district judge Benson E. Legg’s ruling will most likely be upheld, which will undoubtedly force Maryland to issue more handgun carry permits. The question up for debate is whether a change in Maryland gun law will actually effect the number of gun crimes and other violent crimes in the state. Both sides of this heated issued will be presented, but only time will tell if gun law modification will have any effect on crime and arrest levels in Maryland.
Gun advocates applauded the federal court ruling as a major victory not only for citizens of Maryland, but for citizens of all states. If upheld, the ruling sets a major precedent that states may not unduly burden a law abiding citizen’s right to bear arms outside of the home, unless the state can show a substantial interest in doing so. Supporters of the recent ruling argue that Maryland has far more restrictive gun laws than the majority of the states, and changing these laws would simply put Maryland in line with the rest of the country.
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A federal judge has found a controversial Maryland gun law unconstitutional pursuant to a recent ruling. The key issue of the handgun law is the section that requires Maryland residents to show a “good and substantial reason” to carry a gun outside of their home in order to receive a permit from the state. A civil lawsuit challenging the firearm law was filed in the United States District Court for the District of Maryland, and judge Benson Everett Legg presided over the case. The plaintiffs consisted of multiple parties including the Second Amendment Foundation, a non-profit organization which promotes gun possession and ownership rights, and a Baltimore County resident.