Rights Don’t Need Reasons

Posted by on 5 March 2012


Maryland residents do not have to provide a “good and substantial reason” to legally own a handgun, a federal judge ruled Monday, striking down as unconstitutional the state’s requirements for getting a permit.

U.S. District Judge Benson Everett Legg wrote that states are allowed some leeway in deciding the way residents exercise their Second Amendment right to bear arms, but Maryland’s objective was to limit the number of firearms that individuals could carry, effectively creating a rationing system that rewarded those who provided the right answer for wanting  to own a gun.

“A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,” Legg wrote. “The right’s existence is all the reason he needs.”

Damn skippy, judge!

Also, it looks like the first paragraph is unclear–the rest of the story appears to relate to carrying a handgun, not merely owning one.  In short, it looks like Judge Legg just made Maryland a substantially shall-issue state:

“In addition to self-defense, the (Second Amendment) right was also understood to allow for militia membership and hunting. To secure these rights, the Second Amendment’s protections must extend beyond the home: neither hunting nor militia training is a household activity, and ‘self-defense has to take place wherever (a) person happens to be,'” Legg wrote.

It should come as no surprise that Alan Gura was the plaintiff’s lawyer.

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