Criminal Defense Lawyer Blog
A little over a year ago, Federal District Court Judge Benson Everett Legg ruled that the “good and substantial” provision of the Maryland concealed carry gun law was unconstitutional. This provision required citizens to prove to the state Handgun Permit Unit that they had a good and substantial reason before being granted a concealed carry permit. When a Baltimore County man was denied one such permit, he filed suit in federal court, and the Second Amendment Foundation, which advocates for the preservation of the right to carry, joined in the lawsuit. Despite the Attorney General’s best efforts, Judge Legg concluded that the law was too broad to satisfy the state’s compelling interest to protect its citizens and prevent crime. According to the Judge the good and substantial provision did not safeguard the public from every handgun related hazard, and therefore did not do enough to justify a significant limitation on the constitutional right to bear arms. But just last week, a three-judge panel sitting for the U.S. Court of Appeals for the 4th Circuit unanimously disagreed with Judge Legg, and reversed his decision.
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Federal Court Upholds Controversial Maryland Gun Law
The Baltimore Police Department and the Mayor’s office has released it annual crime report, and the statistics are mixed as to whether 2012 was another step in the right direction. The city’s homicide rate rose for the first time in a few years, and this is a cause for concern from the police and the mayor’s office. In 2011 the city reported 197 murders, which is still a relatively high number considering the overall population. But last year this number actually rose ten percent to 217 murders, thus assuring that Baltimore will still be talked about with the likes of Detroit, Oakland, and St. Louis as one of the most violent cities in America. Although homicides were up it still may not be fair to lump our city in with the usual suspects of violent places. In fact, 2012 crime statistics of other violent crimes and certain property crimes show just the opposite.
Maryland lawmakers are set to begin the 2013 legislative session next week in Annapolis, and gun control is one topic on the minds of many representatives. State legislatures from all over the country will undoubtedly take a deep look into their respective gun laws following the Newtown, Connecticut tragedy, and Maryland is no exception. At least one representative, a democrat from Baltimore County, has already publically proposed a bill that would require active duty police officers to be deployed full time in all state public schools. There are currently school resources officers in many middle and high schools and a few elementary schools, but deploying these officers in public schools is not mandatory. School resource officers are sworn policemen and women that have arrest powers, and carry standard issue police firearms. The bill was submitted as emergency legislation, which means that if it passes it could go into effect as soon as February. It is obviously too early to tell if the bill will receive any opposition, but it seems as if the financial burden on local police jurisdictions would be the only obstacle to the bill’s passage.
A Maryland man was arrested for multiple drug charges after police used a search warrant to raid his Ann Arundel County home. Ann Arundel police executed the search warrant and discovered approximately 46 marijuana plants, which ranged from 5 to 6 feet tall. Police did not release the exact details of what led them to the 53 year old man’s home, but police did say that residents of the neighborhood had voiced to concerns to cops about possible drug activity going on in the house. According to police, the Maryland man was arrested for 9 drug charges including manufacturing marijuana, possession of marijuana with intent to distribute, and possession of marijuana. Manufacturing marijuana and possession of marijuana with intent to distribute are both felonies, while possession of marijuana is a misdemeanor. Police did not indicate whether they had any concrete evidence that the Maryland homeowner was actually dealing drugs, or if the marijuana grow operation was simply for personal use. According to police, the marijuana would eventually have a street value of over 50 thousand dollars once the marijuana was harvested.
The last of five suspects involved a string of Baltimore area armed robberies was recently sentenced to prison. Maryland federal district judge Benson E. Legg handed down the 10 and a half year sentence, which also included a 3 year term of probation when the prison term expires. Judge Legg is the same federal district judge who just last month declared a controversial Maryland gun law unconstitutional (
Recently a controversial Maryland gun law was declared unconstitutional in federal court. The decision left gun supporters and opponents alike arguing over the possible impacts on violent crime such as robbery, burglary, and even murder. The law required all Maryland residents to prove a “good and substantial reason” to be able to legally carry a handgun outside of the home in order to be granted a gun permit. The lawsuit began when a Baltimore man sued the state of Maryland in federal civil court after his application to renew his handgun carry permit was denied. The Baltimore man was joined in the lawsuit as plaintiff by the Second Amendment Foundation, a non-profit organization dedicated to the preservation of the right to bear arms. The plaintiffs prevailed, and provided the case is not successfully appealed, the Maryland legislature must modify this gun law.