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Federal Court Lifts Stay In Maryland Gun Permit Case

State sought delay in implementing ruling that declared Maryland's "good and substantial reason" requirement for a gun permit was unconstitutional.

UPDATED (4:16 p.m.)—A U.S. District Court judge has lifted a stay on a federal court ruling that declared Maryland's permitting process to wear and carry a gun unconstitutional.

The order, issued by Judge Benson Everett Legg, lifts a stay sought by the state as it appeals the decision made last year.

Legg's ruling, which goes into effect in 14 days, lifts the stay sought by the state after a federal court ruled that the law requiring those seeking a permit to carry a gun must have "a good or 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."

David Paulson, a spokesman for Maryland Attorney General Doug Gansler, said the ruling "is still being reviewed and the state is considering its options."

Opponents called the called the state's permit requirement arbitrary and capricious.

Del. Michael Smigiel, a Cecil County Republican, praised the ruling.

"The state will now have to start following the Constitution," Smigiel said, adding that he believes the timing of the ruling in the wake of the shootings in Aurora, CO will cause some public discussion.

"I expect to see that some people, based on what happened in Aurora, will argue that this is not a good idea," Smigiel said. "Those individuals do not have a full understanding of the facts of what happened in Aurora."

Smigiel said he expects Gansler will appeal Legg's decision to the United States Supreme Court. The delegate said he believes the court will not take up the issue before the Fourth Circuit Court of Appeals hears the appeal on the lower court ruling.

The state will likely have to file a motion to for a new stay with the Fourth Circuit Court before going to the Supreme Court. Because Legg's order becomes effective in two weeks, that motion would likely be filed before the state police would have to begin considering applications without the a good or substantial reason" requirement.

The suit was filed in July 2010 after Robert Woollard was denied a permit to carry a gun. The federal court ultimately ruled the "good and substantial reason" requirement was unconstitutional and the Maryland State Police were ordered to process Woollard's application without applying that standard.

Stay with Patch for updates on this story.

Buck Harmon January 10, 2013 at 11:43 PM
Natural law teaches that our freedoms are pre-political and come from our humanity and not from the government. As our humanity is ultimately divine in origin, the government, even by majority vote, cannot morally take natural rights away from us. A natural right is an area of individual human behavior — like thought, speech, worship, travel, self-defense, privacy, ownership and use of property, consensual personal intimacy — immune from government interference and for the exercise of which we don’t need the government’s permission.
FIFA January 10, 2013 at 11:45 PM
You make yourself look like an ass Joe. Learn when to show up. The bill does not come up in the House unless allowed by the Republicans and all of them in the Senate voted for the bill. You are a jackass.
Buck Harmon January 11, 2013 at 12:39 AM
Fifi...I did not mention "creator", divine by our individual decision and, or description.. I think that you might view yourself as divine at times..
Buck Harmon January 11, 2013 at 12:48 AM
Thanks Evets, I feel that the political debates create nothing more than illusion...while contributing to the creation and substance of apathetic society. Too complicated to be good for anyone....Natural law is fair, without corruption and permanent to each individual that recognizes it....instinctive if you will..
Chris W January 11, 2013 at 01:16 AM
Frankie, First, Lanza was not the legal owner of the guns her used. Secondly, Hasan was a terrorist, not even in the same category. Now, even withstanding these issues, your pointing out 6 people that legally owned guns used in crime. The vast majority (80% or more) of gun crimes involve guns that are not legally obtained. Now, how many of the people you listed were mentally ill or using pharmaceutical drugs? James Eagan Holmes - was a psychiatric patient, Deails of ay drugs not yet available. Jared Lee Loughner - Suspended from college, would not be allowed back without a mental health review. Seung-Hui Cho - documented mental illness. Reports of pharmaceutical usage. Wade Michael Page - ok, one out of six is just a hateful violent man. So to recap. 1 terrorist 1 stole his guns from his mother (and has mental health issues and may have been medicated.) 3 had mental health issues and may have been on medication
Chris W January 11, 2013 at 01:27 AM
Fixing the problem of gun violence with gun control, Is like fixing the problem of teen pregnancy with abstinence education. Both solutions ignore reality. On the one hand, people think that teens will ignore their natural urges is "properly educated" On the other, people think that if we restrict the legal purchase of guns, criminals will not be able to get guns.
Chris W January 11, 2013 at 01:43 AM
Describes most of your posts Frank.
Chris W January 11, 2013 at 02:12 AM
Frank, you are an idiot. I said that gun contol and absence education are equally as effective. Perhaps you can explain why Chicago, DC, and NYC have some of the worst gun crime, even though they have some of the most strict gun control. I await your illuminating response.
Chris W January 11, 2013 at 02:24 AM
What's the matter. Challenge too much for you?
Chris W January 11, 2013 at 02:40 AM
Poor Frankie. Hasan was motivated by his radical beliefs. The Sikh temple shooter was a bigot.The rest of them all had mental problems. Mental problems and guns don't mix. I'm all for keeping guns away from crazy people. I'm all for requiring background checkes including at gun shows. Banning guns (or types of guns) because of crazy people, not so much.
Chris W January 11, 2013 at 02:44 AM
Sure, because when your a criminal in Brooklyn, you go to Virginia gun shops all the time. What a joke.
Sanchez January 11, 2013 at 12:57 PM
Fifi seems to have sand in her vag. I posted a video to the DNC vote to remove God from the Democrat Platform and the vote went one way the decision came down the OTHER way. "voting unanimously without any discussion or dissent." Now go get that sand out of yourself.
FIFA January 11, 2013 at 01:24 PM
Joe, are you trying to get yourself banned again with your language? My, my, the women on the site might not like your use of hidden vulgarity.
FIFA January 11, 2013 at 01:40 PM
Chris W, interstate commerce is alive and well. Just where do you think NY criminals get their weapons?
1ke January 11, 2013 at 02:07 PM
Ahem, Chris.... pssst....maybe the r-word that is linked to poverty and crime that we can't talk about has something to do with it... But, I didn't bring it up. No sir, not me.
1ke January 11, 2013 at 02:37 PM
Lots of coca grown in the Catskills so I don't know...
Sanchez January 11, 2013 at 03:11 PM
"The shooting at Taft High School in Kern County, California, yesterday illuminates the importance of this very point — and the need for parents to back up their kids when they speak out. It turns out that a few students did speak up about the ticking time bomb in their midst. As Twitchy reports exclusively, students voiced their concerns about the alleged shooter on Twitter back in December — and were then apparently called into the vice principal’s office. Instead of the school taking action, however, it appears the whistleblowing students were instead disciplined for tweeting about the student. They had warned that the disturbed classmate had “made a hit list” and “always talks about murder like he’s obsessed with it.” Back in December, students also talked about the alleged shooter’s animosity for a student named “Bowe.”" The dots were connected and those who connected them were disciplined. Priceless!
Sanchez January 11, 2013 at 03:39 PM
So what bugger Frank? Do you deny the story? Or are you still cleaning that sand out?
Sanchez January 11, 2013 at 04:00 PM
"Obama Opposed Gun Ban Exception to Defend One’s Home As a state senator in Illinois, President Obama opposed legislation providing an exception to handgun restrictions if the weapon was used in the defense of one’s home. Obama’s vote would have maintained the status quo, which made it a violation of municipal gun ban law to use a firearm to save your own life in your own home. But the bill was passed anyway without his support. The vote is a sign of how committed Obama may be to strict gun control measures. The Illinois vote is hardly ancient history, having occurred in 2004 as Obama was running for election to the U.S. Senate. In opposing the measure, Obama lined up well to the left of the mainstream, as the Illinois Senate included 32 Democrats to 26 Republicans but approved the bill by an overwhelming margin and subsequently overrode a veto by then-Gov. Rod Blagojevich. Obama did not participate in the veto override, which occurred in November 2004, likely after Obama had resigned his state Senate seat in order to prepare for his new role in the U.S. Senate."
Steve January 11, 2013 at 04:07 PM
ROTFLMAO Word for word CopyPasta from a Wingnut site. Now I know why he doesn't show where his crap comes from.
Steve January 11, 2013 at 04:25 PM
"White House Dossier" an "I Hate Obama" website. http://www.whitehousedossier.com/2013/01/11/obama-opposed-gun-ban-exception-defend-home/
FIFA January 11, 2013 at 04:51 PM
My, my, my, Joe deleted his vulgar and profane misogynistic comment!? Or was it the site moderator?
Chris W January 11, 2013 at 06:18 PM
So Virginia is to blame for the high crime rate in DC and NYC. Who knew. You seem to answer every question but the one I asked. So I will ask again, If gun control works, why do DC, NYC, and Chicago have high crime rates.
Steve January 11, 2013 at 06:58 PM
"Sure, because when your a criminal in Brooklyn, you go to Virginia gun shops all the time." That was proven in Bloomberg's lawsuit against the Virginia gun store owners. A lot of the guns used in crimes in NYC were traced to several shops in VA. The criminals admitted going there to purchase firearms. Bloomberg sent some of his agents down there and they were able to do the same thing.
Sanchez January 11, 2013 at 08:52 PM
What a cute child you were Frank! Your shoes match your hat!
Chris W January 12, 2013 at 01:11 AM
Steve, You are intentionally distorting the facts. All guns stores MUST run mandatory background checks. What Bloomberg filed suit over is the gun show loophole which I support closing 100%. None of you can explain the complete and utter failure of in control in Dc, NYC, and Chicago. I find that very illuminating.
Chris W January 12, 2013 at 01:14 AM
Frank, To use Buck's terms, I accept your surrender on the topic. You cannot explain the complete failure of gun control, so you resort to inflammatory personal attacks. You sicken me, and i don't understand why the patch editors allow your abusive posts. Grow up.
Chris W January 12, 2013 at 02:00 AM
It's failed in DC, NYC and Chicago. Do you have a reading comprehension issue?
Chris W January 12, 2013 at 02:16 PM
Chicago and DC had a ban Frank. It does not get much more strict than that. Violent crime as a whole has trended downward across the country. There was not a more significant drop in places with strict gun control. To connect the dots for you, what that means is that the effect of gun control on the crime rate was statistically insignificant. So in other words, strict gun control did not have an effect on violent crime. In laymans terms, it failed.
John T. February 07, 2013 at 02:53 PM
Marje. I guess it would be better that only the 6'3" 200lb criminal is the only one that has a gun. I guess that would be better for public safety. Just not for the woman being attacked.

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