Friday, September 07, 2012
Big 2nd Amend Case in Process
A number of states have argued (rightly so) that under the Second Amendment, applicants for concealed carry permits who meet all the requirements do not have to make a showing of specific need. The excellent opinion by the District Court is here. This case is also important because the lower court held that the Second Amendment is not limited to the home. I hope the U.S. Supreme Court will hear this case and clarify the scope and standard of review for the Second Amendment.
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" ... the Secretary [of the state police] must also make a determination that the applicant 'has 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.' MD. CODE ANN., PUB. SAFETY § 5-306(a)(5)(ii)."
ReplyDeleteThis agency official suddenly has prophetic powers? Again, it's not up to law enforcement to choose which rationale law-abiding citizens get to exercise their 2nd amendment right to BEAR arms.
In another overly regulated and taxed state, California has a similar law that has county sheriffs deciding who can carry. Of these peace officers, a few have thoughtfully provided everyday residents with a good reason to carry. For this, they are true American patriots.
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ReplyDeleteThanks. As you suggest, people do not have to give a reason to exercise a constitutional right.