Monday, August 16, 2010

Gun Rights Post-McDonald v. Chicago

A Maryland man is suing the state police and “Handgun Permit Review Board” because it requires citizens to provide "a good and substantial reason” for receiving a concealed carry permit. Interestingly, this man seems to have that reason – in 2002 his home was broken into by a 6’2” man. The intruder now lives a mere 3 miles from his house after receiving an eighteen month suspended sentence for the break-in. The homeowner was initially granted a two-year concealed carry permit which was renewed in 2005. His next request for renewal was denied due to a lack of “apprehended fear” – meaning there were no threats or repeat attacks from the intruder. This is the background for the constitutional questions posed by his lawsuit: First, does the fundamental right to own and bear arms include the right to concealed carry? If so, does one need to give a “good and substantial reason” for acting on that right. The homeowner’s question “Do you have to show a reason to have a driver's license?" seems very appropriate.

Soure: Fredrick Kunkle, “Md. crime victim sues over denial to renew permit to carry concealed handgun,” Washington Post, August 15, 2010. http://www.washingtonpost.com/wp-dyn/content/article/2010/08/14/AR2010081402547.html (accessed August 16, 2010).

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