BALTIMORE (CBSDC/AP) — Maryland is asking a federal judge to keep the state’s gun permit law in place while they appeal his ruling that it is unconstitutional.
State officials filed a motion Wednesday asking Judge Benson Legg to stay his ruling in the interest of public safety. Legg ruled earlier this week that Maryland’s requirement that residents show a “good and substantial reason” to carry a handgun is unconstitutional.
Legg cited two recent Supreme Court cases— District of Columbia v. Hellerin 2008 and McDonald v. City of Chicago in 2010—in making his ruling. Both cases ruled that the right to carry guns extended outside the home.
The state is also asking Legg to clarify whether he intends to issue an injunction barring the state from denying permits based on that requirement.
Maryland says a stay would allow a federal appeals court to resolve issues before permits are issued under circumstances lawmakers determined would “imperil public safety.” It would also allow lawmakers to consider legislation that could address constitutional concerns.
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