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.

(TM and Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


Leave a Reply

Please log in using one of these methods to post your comment:

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Listen Live