A federal appeals court on Tuesday struck down Maryland’s handgun licensing law, finding that its requirements, which include submitting fingerprints for a background check and taking a four-hour firearms safety course, are unconstitutionally restrictive.
In a 2-1 ruling, judges on the 4th U.S. Circuit Court of Appeals in Richmond said they considered the case in light of a U.S. Supreme Court decision last year that “effected a sea change in Second Amendment law.”
The underlying lawsuit was filed in 2016 as a challenge to a Maryland law requiring people to obtain a special license before purchasing a handgun. The law, which was passed in 2013 in the aftermath of the mass shooting at Sandy Hook Elementary School, laid out a series of necessary steps for would-be gun purchasers: completing four hours of safety training that includes firing one live round, submitting fingerprints and passing a background check, being 21 and residing in Maryland.
Maryland Gov. Wes Moore, a Democrat, said he was disappointed in the circuit court’s ruling and will “continue to fight for this law.” He said his administration is reviewing the ruling and considering its options.
And just like with 1A rights we have laws that limit those effects of 2A rights, just as it should be. Just as you can’t go around inciting panic with your words, you can’t legally brandish a firearm in public to incite panic. ETC.
The difference being shouting “FIRE” in a theatre only remotely might kill people, while pulling a gun will much more likely lead to death. Also, the laws against shouting “FIRE” have proven far more effective than anything with guns.
You cannot compare the 2nd Amendment with any other law. It doesn’t have any rational justification behind it.
You can absolutely shout fire in a theater. That example was used as an example of protected speech.
The second has rational judgement, you just don’t like it because you think govs can’t turn into destructive forces…
No, shouting fire in a theatre (when there is no fire) is explicitly not protected speech. Schenck v. United States and Brandenburg v. Ohio. At least, depending on the actual consequence - if people die rushing out the theatre and it is apparent you were lying, then you’re not going to be protected.
Correct, if people are harmed. But you can shout fire in a theater, as it’s protected speech.
Actually no. If you read the court decisions I referenced, the exclusion is for “speech to that which would be directed to and likely to incite imminent lawless action”. You cannot reasonably say that shouting “fire” in a theatre when there is none has any other purpose other than to cause panic, thus it is prohibited speech. In practice, if no one gets hurt you probably won’t be prosecuted, but you will have still broken the law.
https://www.whalenlawoffice.com/blog/legal-mythbusting-series-yelling-fire-in-a-crowded-theater/
No just no…stop parroting this crap.
https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater
https://en.wikipedia.org/wiki/Brandenburg_v._Ohio
See my other comment about buying into the latest bullshit that sounds clever but is actually a load of malarkey. Don’t assume that ‘law office’ websites are the holy grail of legal truth.
Your entire ‘uhm actually’ can be summed up in the following sentence: You can shout fire in a theater if there is a fire.
You’re the second person I’ve had to explain this to. Trust me, you’ve been played and the sooner you realize it the easier your life will be.
No you can shout fire even if there is no fire…wtf are you on about, that’s just a law office that explains it in layman’s term which you clearly need.
So then you’re saying that liberals and leftists CAN publicly call for the roundup, imprisonment, and execution of all Republicans who push fake news in online and broadcast media?
This has got to be the dumbest thing ever lol
Nothing has stopped you so far.
Liberals have stopped it. Liberals keep defending your “free speech”. You have all the rights you could possibly ask for because of liberals.
You just chose to piss all over them.
So the liberals are stopping the liberals? That’s neat. I’m pretty close to a free-speech absolutist so you can say whatever you want around me.
Sorry bro, you’ve read some of the latest bullshit that sounds clever but is actually a load of malarkey.
You can shout fire in a theater if there is a fire. (or reason to suspect there is one)
If there isn’t a fire, you do not get to hide behind 1st amendment protections.
Yes you can, that was the whole damn point of bringing it up…
Go do it.
That’s your rebuttal??? Lol
Why are you pulling a gun?