HAGERSTOWN, Md. — The state of Maryland fired back Monday at gun advocates seeking to block a new law creating some of the nation's toughest firearm restrictions, arguing a lawsuit filed last week came too late and lacks merit.
Attorney General Doug Gansler said the plaintiffs – three private citizens and seven gun dealers and associations – waited more than four months after Democratic Gov. Martin O'Malley signed the legislation to file the lawsuit.
The law, enacted in response to Newtown, Conn., elementary school shooting, adds 45 types of guns to a list of banned assault weapons and limits magazines to 10 bullets. It also requires handgun buyers to be fingerprinted before purchase. The law is set to take effect Tuesday.
Gansler said the plaintiffs failed to show that their challenge was likely to succeed or that implementation would cause irreparable harm. For those reasons, he wrote, the U.S. District Court in Baltimore should deny their request for an order blocking enforcement of the law. A hearing is scheduled Tuesday morning.
"Any delay in the implementation ... risks placing more of such weapons and magazines in circulation," Gansler wrote.
The plaintiffs contend the law was passed in "flagrant disregard" of the Second Amendment right to keep and bear arms. Attorneys John Parker Sweeney and Tara Sky Woodward said the law restricts the ability of law-abiding citizens "to defend themselves, their families, and their homes by prohibiting outright certain commonly used rifles and shotguns and standard capacity ammunition magazines."
Many of the same plaintiffs filed a second lawsuit Friday challenging another part of the law requiring handgun buyers to first obtain, for up to $50, a "handgun qualification license" through a 30-day process that includes submitting their fingerprints. Maryland handgun buyers already are subject to a seven-day waiting period and $10 fee after purchase to allow Maryland State Police to investigate their background.
The new law has prompted a surge in gun sales ahead of its implementation. State police say they've received more than 106,000 gun-purchase applications this year, up from 70,000 last year. They have turned to other police agencies to help them clear an application backlog that numbered nearly 50,000 on Sept. 20.
The plaintiffs cited the backlog in arguing that the new procedures would create an unconstitutional, de facto ban on handgun sales and should be stricken. Gansler said the new, pre-purchase licensing requirement would have no effect on the state's ability to process post-purchase applications for background checks.
Gansler did not object to a plaintiff's motion to have the court hear arguments on both lawsuits Tuesday.
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Rep. Louie Gohmert (R-Texas)
"I wish to God she had had an m-4 in her office, locked up so when she heard gunfire, she pulls it out ... and takes him out and takes his head off before he can kill those precious kids," Gohmert said of slain principal Dawn Hochsprung on <a href="http://www.huffingtonpost.com/2012/12/16/louie-gohmert-guns_n_2311379.html"><em>Fox News Sunday</em></a>. He argued that shooters often choose schools because they know people will be unarmed.
Virginia Gov. Bob McDonnell (R)
"If people were armed, not just a police officer, but other school officials that were trained and chose to have a weapon, certainly there would be an opportunity to stop an individual trying to get into the school," he <a href="http://www.wtop.com/610/3162096/Gov-Is-it-time-to-arm-school-officials">told WTOP's "Ask the Governor" show</a> Tuesday, warning that Washington may respond to such a policy with a "knee-jerk reaction."
Tennessee Gov. Bill Haslam (R) & State Sen. Frank Niceley (R)
Gov. Haslam says he will consider a Tennessee plan to secretly arm and train some teachers, <a href="http://tpmdc.talkingpointsmemo.com/2012/12/tennessee-armed-teachers.php">TPM reports</a>. The legislation will be introduced by State Sen. Frank Niceley (R) next month. "Say some madman comes in. The first person he would probably try to take out was the resource officer. But if he doesn’t know which teacher has training, then he wouldn’t know which one had [a gun]," Niceley told TPM. "These guys are obviously cowards anyway and if someone starts shooting back, they’re going to take cover, maybe go ahead and commit suicide like most of them have."
Oklahoma State Rep. Mark McCullough (R) & State Sen. Ralph Shortey (R)
State Rep. Mark McCullough (R) <a href="http://www.tulsaworld.com/news/article.aspx?subjectid=336&articleid=20121217_336_0_OKLAHO168827">told the Tulsa World</a> he plans to file legislation that would bring guns into schools, calling their absence "irresponsible." “It is incredibly irresponsible to leave our schools undefended – to allow mad men to kill dozens of innocents when we have a very simple solution available to us to prevent it," he said. "I’ve been considering this proposal for a long time. In light of the savagery on display in Connecticut, I believe it’s an idea whose time has come." Sen. Ralph Shortey (R) told the Tulsa World that teachers should carry concealed weapons at school events. "Allowing teachers and administrators with concealed-carry permits the ability to have weapons at school events would provide both a measure of security for students and a deterrent against attackers," he said.
Florida State Rep. Dennis Baxley (R)
Baxley, who once sponsored Florida's controversial Stand Your Ground law, <a href="http://politics.heraldtribune.com/2012/12/17/florida-legislator-allow-guns-in-schools/">told the Sarasota Herald-Tribune </a>that keeping guns out of schools makes them a target for attacks. “We need to be more realistic at looking at this policy," he said. "In our zealousness to protect people from harm we’ve created all these gun-free zones and what we’ve inadvertently done is we’ve made them a target. A helpless target is exactly what a deranged person is looking for where they cannot be stopped.”
Texas Gov. Rick Perry (R)
At a Tea Party event Monday night, <a href="http://www.huffingtonpost.com/2012/12/18/rick-perry-guns-in-schools_n_2322185.html">Perry praised a Texas school system that allows some staff to carry concealed weapons to work</a> and encouraged local school districts to make their own policies.
Minnesota State Rep. Tony Cornish (R)
Cornish <a href="http://www.kdlt.com/index.php?option=com_content&task=view&id=22736&Itemid=57">plans to introduce legislation that would allow teachers to arm themselves</a>, according to the AP.
Oregon State Rep. Dennis Richardson (R)
In an email <a href="http://www.huffingtonpost.com/2012/12/17/oregon-state-rep-dennis-richardson-teacher-guns-stopped-connecticut-shooting_n_2317444.html?ir=Education">obtained by Gawker</a> and excerpted below, Richardson tells three superintendents that he could have saved lives had he been armed and in Sandy Hook on Friday: <blockquote>If I had been a teacher or the principal at the Sandy Hook Elementary School and if the school district did not preclude me from having access to a firearm, either by concealed carry or locked in my desk, most of the murdered children would still be alive, and the gunman would still be dead, and not by suicide. ... [O]ur children's safety depends on having a number of well-trained school employees on every campus who are prepared to defend our children and save their lives?</blockquote>
Former Education Secretary Bill Bennett
"And I'm not so sure -- and I'm sure I'll get mail for this -- I'm not so sure I wouldn't want one person in a school armed, ready for this kind of thing," Bennett, who served as education secretary under Ronald Reagan, <a href="http://www.huffingtonpost.com/2012/12/16/bill-bennett-education-secretary-connecticut-shooting_n_2311774.html">told <em>Meet the Press</em> Sunday</a>. "The principal lunged at this guy. The school psychologist lunged at the guy. It has to be someone who's trained, responsible. But, my god, if you can prevent this kind of thing, I think you ought to."