U.S. District Court Judge Benson Everett Legg has ruled that Maryland’s handgun permit law is unconstitutional, finding that Maryland law cannot require people to demonstrate a “good and substantial reason” to carry a handgun because such a law infringes on their Second Amendment right. The foundation for the attack on the law is familiar to constitutional law experts: it isn’t sufficiently tailored to the state’s public safety interests.
Plaintiff in this case bought a gun for a reason everyone can understand, no matter where you stand on this gun control: he was assaulted by an intruder in his own home. The intruder got out of jail in 2005 which was the basis for the renewal of his permit to carry a gun. In 2009, plaintiff’s application was denied because there was no clear and present danger to him (those are Jack Ryan’s words, the state said that plaintiff failed to provide sufficient evidence “to support apprehended fear”).
Just what we need in Maryland: something more to argue about.