smartz
New member
imported post
Hi, I am a new member of opencarry.org but have been reading this site, as well as other sites and forums, with regards to rights of citizens to carry weapons for self-defense. I have been staying on top of the DC V Heller Supreme Court case and had a few questions that I am sure you can answer. Generally, through starry decisis, the Supreme Court tends to uphold the rulings of the lower courts. If this happens, and the Supreme Court accepts the interpretation of the 2[suP]nd[/suP] amendment to grant individual rights, does this then make Maryland’s CCW review process unconstitutional? It is my opinion that the review process infringes upon our rights to bear arms in that the decision to issue a permit to carry concealed, is decided by the Superintendent of the State Police and without legitimate reason to deny someone their rights, the Superintendent does. According to the US Appellate Court of Washington, DC., the Second Amendment is an individual right as quoted here:
“To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment's civic purpose, however, the activities it protects are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.”
However, they also concluded that:
“Once it is determined - as we have done - that handguns are 'Arms' referred to in the Second Amendment, it is not open to the District to ban them ... That is not to suggest that the government is absolutely barred from regulating the use and ownership of pistols. The protections of the Second Amendment are subject to the same sort of reasonable restrictions that have been recognized as limiting, for instance, the First Amendment.”
But doesn’t the way that Maryland currently issues CCW permits, or better yet doesn’t issue them, constitute a ban? Essentially, by leaving the decision up the Superintendent of the Maryland State Police, and issued at his sole discretion, which we both know is NEVER, the State of Maryland is enacting a ban on handguns. Which according to the decision of the US Appellate Court for DC in the aforementioned case, is a violation of the rights of US citizens under the 2[suP]nd[/suP] Amendment. I’m sure you understand where I am coming from, probably better than I do, but I want to see some sort of stand in this State for gun owners’ rights. There are many groups in this State that are pro-gun and they all have very intelligent and dedicated individuals among them, but it seems to me that our case is presented before the State Senate, not as one large collective movement with some power, but as individual groups with a smaller voice. Is anyone, that you are aware of, planning a fight with the State of Maryland? And if so, is that same individual or organization pulling everyone in MD that is pro-gun together for the fight? I am ready to start submitting whatever I need to by email, phone, n person,or in writing in support of any efforts to battle this tyrannical State Senate but I want to be sure I am not just “One Voice”. I appreciate you taking the time to read what turned out to be quite a lengthypost and I look forward to your response.
Hi, I am a new member of opencarry.org but have been reading this site, as well as other sites and forums, with regards to rights of citizens to carry weapons for self-defense. I have been staying on top of the DC V Heller Supreme Court case and had a few questions that I am sure you can answer. Generally, through starry decisis, the Supreme Court tends to uphold the rulings of the lower courts. If this happens, and the Supreme Court accepts the interpretation of the 2[suP]nd[/suP] amendment to grant individual rights, does this then make Maryland’s CCW review process unconstitutional? It is my opinion that the review process infringes upon our rights to bear arms in that the decision to issue a permit to carry concealed, is decided by the Superintendent of the State Police and without legitimate reason to deny someone their rights, the Superintendent does. According to the US Appellate Court of Washington, DC., the Second Amendment is an individual right as quoted here:
“To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment's civic purpose, however, the activities it protects are not limited to militia service, nor is an individual's enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.”
However, they also concluded that:
“Once it is determined - as we have done - that handguns are 'Arms' referred to in the Second Amendment, it is not open to the District to ban them ... That is not to suggest that the government is absolutely barred from regulating the use and ownership of pistols. The protections of the Second Amendment are subject to the same sort of reasonable restrictions that have been recognized as limiting, for instance, the First Amendment.”
But doesn’t the way that Maryland currently issues CCW permits, or better yet doesn’t issue them, constitute a ban? Essentially, by leaving the decision up the Superintendent of the Maryland State Police, and issued at his sole discretion, which we both know is NEVER, the State of Maryland is enacting a ban on handguns. Which according to the decision of the US Appellate Court for DC in the aforementioned case, is a violation of the rights of US citizens under the 2[suP]nd[/suP] Amendment. I’m sure you understand where I am coming from, probably better than I do, but I want to see some sort of stand in this State for gun owners’ rights. There are many groups in this State that are pro-gun and they all have very intelligent and dedicated individuals among them, but it seems to me that our case is presented before the State Senate, not as one large collective movement with some power, but as individual groups with a smaller voice. Is anyone, that you are aware of, planning a fight with the State of Maryland? And if so, is that same individual or organization pulling everyone in MD that is pro-gun together for the fight? I am ready to start submitting whatever I need to by email, phone, n person,or in writing in support of any efforts to battle this tyrannical State Senate but I want to be sure I am not just “One Voice”. I appreciate you taking the time to read what turned out to be quite a lengthypost and I look forward to your response.