The Citizens of Maryland have finally been granted freedom from the Unconstitutional burden of needing to prove they have a “good and substantial cause” to carry a firearms when exercising their Second Amendment rights. The Federal Court of Appeals Judge, The Honorable Benson Legg, just issued an order releasing the stay of his finding in the Woollard case that Maryland’s “good and substantial cause” standard is an Unconstitutional burden placed on Maryland citizens.
I have argued for the last ten years in the State Legislature that this burden is arbitrarily and capriciously applied by the Maryland State Police because by their own admission, they have no definition of what is a “good and substantial cause”.
**UPDATED** For those asking where do we go from here or what does this mean, my best guess is that the Maryland Attorney General will announce that he will petition the U.S. Supreme Court for a stay of Judge Legg’s lifting of his stay. I would expect the Supreme court would refuse to do so based on their recent holdings in Heller and McDonald. Another reason the Supreme Court may refuse to get involved is the extremely well reasoned memorandum by Judge Legg. (Which can be read in full below)
I also expect that if the Governor calls a special session for gambling, Senator Brian Frosh, the Judicial Proceedings Chairman may attempt to put some legislative hurdles in the way of persons trying to exercise the Constitutional rights just recognized by the court. I expect Senator Frosh (who has recently announced he will be running for Maryland’s Attorney General) to try to put up near impossible or very burdensome training requirements for anyone wishing to obtain a permit to carry a concealed firearm. Also the liberals will attempt to put as many restrictions on the locations one can carry a firearm as possible. This should be done only after a full vetting of the repercussions of such exclusions. For instance, while it sounds nice to say no firearms in any place that serves alcohol it leads to the problem that the number one place firearms are stolen from is from vehicles. If you are going out for a nice Italian dinner, she may want to have wine and you may not have anything. It does no good to have you leave your firearm in the vehicle. It would be better to just say anyone carrying can not drink alcohol while carrying.
Lt. Col. Grossman wrote about the people who like sheep believe they are safe and no harm will come to them. This belief is true only until the wolf comes to the door. We all know there are evil people, there are wolfs out there who prey upon the sheep. Some men and woman prefer to be sheepdogs, prepared and willing to defend themselves and the sheep from the wolf. The sheep don’t like the thought of having the sheepdogs around until there is a wolf present. Our forefathers knew this and they recognized that it was necessary to protect the citizens from being the wolfs.
One of the facts not being reported, but I have been able to verify, is that in Aurora, the Cinemark Holdings, Inc. prohibit any firearms in their theaters. Maryland legislators should understand the consequences of prohibiting firearms being carried by law abiding, well trained, citizens in public areas will be a lure to the wolfs of this world. The horrible human tragedy that happened in Aurora was the act of an evil or deranged person that has more to say about our failure to address mental health issues than it has to say about the Second Amendment.