State asks for stay dur­ing gun per­mit rul­ing ap­peal

The Washington Times Daily - - Metro -

Mary­land’s at­tor­ney gen­eral asked a fed­eral judge Wed­nes­day to keep the state’s gun per­mit law in place while the state ap­peals his rul­ing that the law is un­con­sti­tu­tional.

In an or­der filed ear­lier this week, Judge Ben­son Everett Legg ruled that the Sec­ond Amend­ment right to bear arms is not limited to the home and Mary­land’s re­quire­ment that res­i­dents must show a “good and sub­stan­tial rea­son” to carry a hand­gun is un­con­sti­tu­tional.

While the rul­ing is ap­pealed, Mary­land State Po­lice, the agency that pro­cesses per­mit ap­pli­ca­tions, will not make de­ci­sions on ap­pli­ca­tions in which ap­proval rests solely on that clause, spokesman Gre­gory M. Ship­ley said.

A stay would al­low a fed­eral ap­peals court to re­solve is­sues be­fore per­mits are is­sued un­der cir­cum­stances law­mak­ers de­ter­mined would “im­peril public safety,” the at­tor­ney gen­eral’s of­fice ar­gued. It would also al­low law­mak­ers to con­sider leg­is­la­tion that could ad­dress con­sti­tu­tional con­cerns while pro­vid­ing more pro­tec­tion for public safety than com­pletely aban­don­ing the “good and sub­stan­tial rea­son” re­quire­ment for per­mits.

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