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The Second Amendment Wins a Round

Recorded on March 5, 2012

From The Heritage Foundation, I'm Ernest Istook.

Yes, there are judges who will overturn bad laws.

Federal Judge Benson Legg just told the state of Maryland that it's un-Constitutional to require residents they must prove “good and substantial reason” before they could own a handgun.

A man who had been attacked by a home invader got a handgun permit for self-defense, but a review board rejected him when he tried to renew the permit. The board said the attack happened years ago so he'd have to prove now that he was in danger if he left his house.

Absurd! Said Judge Legg. No law-abiding citizen has to prove why they want to exercise their Second Amendment rights. Ruled the judge, “The right’s existence is all the reason he needs.”

What Maryland actually was doing was restricting and rationing guns, the judge said. And that violates our Constitution.

From The Heritage Foundation, I'm Ernest Istook.