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Commissioner Rothschild: 'Second Amendment is a Restriction Against Government'
A Westminster police officer and Carroll County commissioner weigh in on this week's court ruling that expands access to gun permits.
Patch readers across the region spoke out, to the tune of more more than 340 comments, when it was reported Tuesday that a U.S. District Court judge declared Maryland's gun permitting process unconstitutional. The ruling will relax the handgun permitting process in Maryland.
"People believe the Second Amendment gives Americans the right to keep and bear arms. Actually, it protects their fundamental right to keep and bear arms," Carroll County Commissioner Richard Rothschild told Patch. "Our forefathers understood that arms provide citizens with the means to secure their lives, their liberty, and their property."
On Monday, Judge Benson Everett Legg ruled that the requirement to show "good or substantial reason to wear, carry or transport a handgun" is unconstitutional.
Legg's ruling, which goes into effect on Aug. 7, addresses the part of Maryland state law requiring that those seeking a permit to carry a gun must have "a good or substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger."
Westminster Police Chief Jeffrey Spaulding, with more than 35 years experience as a police officer, said he doesn't expect the ruling to change police procedures in any dramatic way.
"The difference is that a citizen would not have to demonstrate a 'good or substantial reason' to obtain a permit," Spaulding said. "In essence, anyone not disqualified from possessing a firearm, such as convicted felons or those diagnosed as mentally ill, would potentially be eligible to obtain a permit."
But Spaulding did say that more guns on the street can equal more danger on the street.
"It would be expected that more handguns will be encountered in the field, always a potentially dangerous situation for a police officer," Spaulding said. "While many will be technically qualified to obtain a handgun permit, not everyone who is 'qualified' will have the temperament and technical competence to carry and store a handgun in a safe manner."
Rothschild said that, "In reality, the Second Amendment is a restriction against government." He said he applauds Legg for defending the Second Amendment Constitutional rights of citizens.
JoAnn Nicholls
6:21 am on Thursday, July 26, 2012
Finally a politician that understands the Constition! Check out this video on YouTube:
http://www.youtube.com/watch?v=iDivHkQ2GSg&feature=youtube_gdata_player
Sent from my iPad
Buck Harmon
4:15 pm on Thursday, July 26, 2012
Good video JoAnn, Thanks for sharing it..! education rules..!
James Parson
7:44 am on Thursday, July 26, 2012
Only in America. Dumb takes on a profundity never before imagined.
Friedhard
7:59 am on Thursday, July 26, 2012
^ha ha ha ha! Rothschild is a John Birch Society conspiracy theorist throwback who understands the Constitution about as well as Glenn The Beck. BTW, why anyone would follow a link you post is beyond me.
Buck Harmon
9:34 am on Thursday, July 26, 2012
I agree with Commissioner Rothchild on this issue....the Constitution is in fact the Supreme Law Of The Land..
WestMonster
11:01 am on Thursday, July 26, 2012
You're right Buck, and it prefaces "the right of the people to keep and bear arms..." with a statement regarding a "well-regulated militia". Is Mr. Rothschild keeping and carrying his weapon on his daily errands as part of a regulated military unit?
Rob Moore
5:57 pm on Sunday, July 29, 2012
Try looking up what "well regulated" meant in the eighteenth century. Here is a hint, it didn't mean "controlled by government restrictions".
Native
8:13 am on Thursday, July 26, 2012
There are a few bright lights out there for us, politicians that believe in the 2nd amendmend, a Christian organization like Chick-Fil-A, the courts striking down maryland's wrong laws on gun ownership. You're right once again JoAnn, kudos to Commissioner Rothchild! Now, if we can win in Nov..........
David
8:50 am on Thursday, July 26, 2012
Amen! Maybe I don't have to leave Maryland to be a free American. I always thought that having " The Free State" on our welcome sign was pretty dumb. Maybe the times are a changing.............. Anyone worried about guns on the street should read about the "Happy land Social Club" after reading the story maybe we should outlaw gas.
David J Iacono
9:33 am on Thursday, July 26, 2012
When the Constitution was drafted in the late 18th century, muskets were in use. It could take up to three minutes to fire and reload a musket. Today, we have assault weapons on the street like the one used in Aurora CO that can get off 50-60 rounds in a minute. It took the police 90 seconds to intervene in the Aurora shooting. With a musket, maybe one person with have been killed or injured. With the assault rifle used in aurora, 70 people were shot with 12 killed an 9 in critical condition all within 90 seconds. Some say guns don't kill, people kill however far fewer peoiple would have been killed if the assault weapon ban and high capacity magazines were banned and hard to get. It seems Republicans want greater restrictions on voter rights and womens' rights than gun rights. Reasonable, rational minds, including gun owners, have no problem with a ban on assault weapons and high capacity magazines and background checks for all gun sales including gun shows and private sales.
JoeEldersburg
11:01 am on Thursday, July 26, 2012
Ah, but one organization, the NRA, has a problem with any restrictions on guns and they clearly call the "shots" in DC. We had assault weapon restrictions and bans on the large magazines used in the shooting as late as 2004. It's not about rationality, it's about ensuring manufacturers maximize their profits from laws that enhance gun and ammunition sales. I've heard that 40% of new weapons are sold through the internet and at gun shows, where background checks are not required. I wonder which route irresponsible gun owners, criminals and others bent on violence use to acquire their weapons?
SOUTHWESTMINSTER
11:35 am on Thursday, July 26, 2012
Joe E, Yes you can buy some guns on the internet, But they are not shipped to you the buyer, they are shipped to a gun store with a FFL and you must go through the same background check as everyone else.
George T
12:45 pm on Thursday, July 26, 2012
I see, we are supposed to defend our freedom with muskets... By your reasoning, then, the 1st Amendment only protects speech put forth with quill pens and shouting.
But more to the point, the Supreme Court already decided in the case of U.S. v. Miller (1939), that standard military arms are the only ones pertinent to the 2nd Amendment. Interpret that as you will, but they didn't mean muskets.
Brandon White
10:01 pm on Friday, July 27, 2012
Sorry but his AR15 jammed and it was reported abandoned early on, so that argument is unsubstantiated. Secondly "assault weapons" are lmg, select fire or fully automatic; an AR15 in actuality has the same functionality as the .22 lr semi automatic many kids shoot in camp but a different caliber. The fact that the perpetrator did attempt to use a large capacity drum that jammed made him resort to pistol fire which in reality can cause less damage. Not at all to make light of the situation but the accused rigged his apartment with booby traps made of explosives and used CS canisters to launch his attack. What makes you think those intent on doing harm are limited by what is available to the average citizen? When you are marching into high crime districts getting the criminals and gang bangers to give up their weapons and offer peaceful solutions then maybe you will have some credibility. Until then your fear and outrage do not outweigh the rights of the citizens of this country to be able to hunt, target shoot, protect self and property with care, responsibility and respect of others. So you value the lives of which 1 or 3 out of the 12 if your reasonable, rational mind gets to choose? Life begins with an end in site, our goal in our society is to ensure we will not live enslaved or in fear but to live in freedom. Your way eventually we will live under the first 2.
Buck Harmon
9:40 am on Thursday, July 26, 2012
More armed citizens may actually improve the safety of Police Officers once the process has been accomplished....the bad guys would be held closer to check...and everyone would instinctively be more careful...
JoeEldersburg
10:18 am on Thursday, July 26, 2012
Not surprising that Rothschild, who himself has a permit to carry a concealed weapon, would comment about this. I don't know if he's ever disclosed fully why he has a permit, but judging his paranoia of U.N. invasion and other govt. bogeyman and of course, how many people he offends on a regular basis, it's probably well justified.
Edmund Klebe
12:48 pm on Sunday, July 29, 2012
Why; in your own terms is, it "probably well justified" ?
Gr8Minds
10:26 am on Thursday, July 26, 2012
I wonder if it would have been 90 seconds or 5 seconds had someone else in that theater had their own firearm.
WestMonster
10:57 am on Thursday, July 26, 2012
I wonder if more people would have been killed or hurt when that person engaged the shooter in a gunfight? Didn't the guy have on kevlar?
Gr8Minds
11:16 am on Thursday, July 26, 2012
So you think someone being able to defend against this maniac would have made things worse? Had there been a trained marksman with a permitted weapon on him, you think things could have been worse? (Yes, I said trained because I do believe training should be a part of carrying a firearm!) As for the Kevlar, did he have it on his head?
WestMonster
2:18 pm on Thursday, July 26, 2012
So the training is a BIG assumption. I agree with you that everyone carrying should be required to demonstrate competency. Besides that, you're envisioning this "trained marksman" in the audience would be able to do a 180, remove their weapon, disengage the safety, aim, and shoot this crazy in the head, while being shot at? To me is just sounds like more bullets flying through the air that have an opportunity to kill bystanders.
John Culleton
11:22 am on Friday, July 27, 2012
The crazy guy had on head to toe body armor. And it was dark. Another gun would have meant more casualties.
Buck Harmon
12:48 pm on Thursday, July 26, 2012
If someone wearing Kevlar is shot with a 45, good chance he'll be knocked on his ass..changing the situation entirely..
George T
1:02 pm on Thursday, July 26, 2012
Nice thought, but it wouldn't really happen like that since the recoil generated by the pistol is not sufficient to knock down the person doing the shooting.
Aside from armed citizens minimizing the amount of time this nutjob had to fire on a helpless audience, I think it's perhaps being overlooked how armed citizens are a deterrent, in general. Yeah, the guy was crazy, but still sane enough to devise a fairly sophisticated plan - and might have weighed things differently if he thought people actually might shoot back.
John Culleton
3:24 pm on Monday, July 30, 2012
People don't "carry" .45s any more. 9 millimeter is the usual caliber. And a .45 is pretty inaccurate, as I recall from my days on the firing range at Fort Ord. In a dark theater with tear gas in the air the guy with the .45 would more likely hit an innocent bystander.
George T
3:37 pm on Monday, July 30, 2012
I have a couple .45's that would beg to differ with your assessment. :-)
Alissa
3:06 pm on Thursday, July 26, 2012
CO is a CCW state that requires no justification, but does require training. Does anyone know if there was anyone in the theater who was concealing a weapon?
SOUTHWESTMINSTER
4:13 pm on Thursday, July 26, 2012
They do not allow guns at that theater.
James M. Graham III
9:13 pm on Thursday, July 26, 2012
The theater chain does not allow guns in any of their theaters. This is precisely the kind of gun free zone that an evil person intent on mayhem will choose, since he knows that there will be no one there to oppose him!
John Culleton
11:24 am on Friday, July 27, 2012
One more time. He had on body armor, head to toe. He would have welcomed a firefight. There would be more casualties.
Alissa
9:53 pm on Thursday, July 26, 2012
The movie theatre at Owings Mills doesn't "allow" guns, either, but there's no one checking.
Kathy
6:37 am on Friday, July 27, 2012
My daughter is getting her driver's license soon. She had to take a 20 hour course in safety, 6 hours of official driving training, and 60 hours of practice before she was even entitled to take a test. I believe in a citizen's right to own a gun if he/she wants. But why not have at least some of the amount of training that we require to drive a car. How about 10 hours of classroom safety and 6 hours of supervised practice at a shooting range, then a test to make sure the person understands how to safely load, shoot and store his weapon? That does not seem like too much to ask.
Buck Harmon
10:51 pm on Friday, July 27, 2012
That sounds very expensive at several levels...public and private...something about it feels wrong....I agree with lots of driving instruction though..motor vehicles are far more dangerous than guns.
Brandon White
11:04 pm on Friday, July 27, 2012
Will that prevent her from texting while driving, playing with her radio stations, putting on makeup while driving, showing off, speeding or many other infractions that cause accidents and or death? Personal responsibility does not end in the classroom and can often not be taught but learned while growing up. People that go out and kill purposely will not be swayed by classroom training, most publicized incidents aren't reported for people who said "oops, didn't mean to shoot 70 people, it just went off".
Thomas Stone
11:34 pm on Friday, July 27, 2012
Why don't we start requring people to get training and a permit to exercise their 1st amendment right? Oh ya, we don't need one to practice a civil right, so we shouldn't need one to practice our 2nd amendment rights.
Kathy
7:41 am on Saturday, July 28, 2012
So to answer these one by one:
Buck--why should gun instruction be more expensive than driving instruction? I gladly paid for my daughters drivers ed to keep her, and other people, safer. It only "feels" wrong because you are afraid it is an excuse to take away this right, but that is not true, it would be a restriction for public safety, just like requiring a drivers license. (And I never heard of anyone driving a car into a theatre and killing 12 people).
Brandon--no, education won't KEEP her from doing stupid, it will just teach her that such actions are stupid. All the education in the world wouldn't have kept the Colorado shooter from going nuts, but it might, for example, keep a person from leaving a loaded gun in an unlocked night table when he has a young child at home. To say," it won't prevent a murder so gun safety education is not necessary" seems either extremely short sighted, or pure sophistry
Thomas--just because something is a right, doesn't mean that right can be exercised unfettered. We have a right to a trial, but you have to pay your lawyer and follow the rules of the court. You have the right to peaceful assembly, but you might have to obtain a government permit. You have a right to travel (not enumerated in the Bill of Rights but recognized under the 9th Amendment), but you need a license to drive a car, or you have to pay for the bus, train, or plane, and you need a passport to leave and reenter the country.
WestMonster
11:40 pm on Friday, July 27, 2012
If exercising that right recklessly could result in the death of others with a right to live peacefully, it should and would require a permit.
The original question was, do you need a loaded gun on your person written all times to be safe, and does the 2nd amendment actually fve you that right?
William Martin
2:42 pm on Saturday, July 28, 2012
If some of you people don't like guns, then don't buy any. And when you are facing an attacker trying to injure or kill you don't ask for help. Be a good sheep and accept your fate.
Brandon White
3:37 pm on Saturday, July 28, 2012
Kathy did you have to take training to learn to keep poison and medicine out of reach of your small children when they were growing up? Anyhow in regards to Maryland law one must watch a safety training video, take a hunters safety class or beginning firearms course before they can even "purchase" a handgun in Maryland. I did not say safety education is not necessary, I said it would does not prevent bad decisions from irresponsible people same as drivers ed does not.
I believe that more people by far own drivers licences than CCWs and daily are sharing roadways with large and small vehicles in many congested and fast moving areas. The difference is they are "operating" those vehicles the entire time they are in them and have a far greater chance of "operator error" affecting themselves and others unintentionally. Compare that with a CCW owner who's sole intention is to never have to operate their weapon except for practice and leisure shooting, but to have it as a last resort. I don't believe you can impose mandatory training limits without it being abused by the Maryland government who has proven time and time again it is against their citizens exercising their rights to protect themselves. There are no training requirements for the 75 year old jeweler who has a permit because he handles cash, or the Circuit court Judge, or the politically connected cousin of an alderman. How are they any more competent than the regular citizens the law will allow now?
Buck Harmon
4:13 pm on Saturday, July 28, 2012
The government can not force citizens to purchase anything that they can not afford or do not want to purchase...education and healthcare included. The administrative cost alone would burden tax payers related to firearm education. The right to own guns can not be manipulated by government programs legally, and the education requirement would do just that. As a free and sovereign citizen I don't want a failed government that struggles to keep it's own head above water dictating anything about how I choose to live my life to me. The governments track record is one of the worst in history at this time...
Buck Harmon
4:17 pm on Saturday, July 28, 2012
Now, more than ever citizens must remain heavily armed to keep the threat of government in check....it's a civic duty.
Kathy
6:31 pm on Sunday, July 29, 2012
Car insurance. Old age insurance (SSI and Medicaid) . The government can force people to purchase things if they are necessary for the common good of society.
Buck Harmon
3:52 pm on Monday, July 30, 2012
You don't have to participate in any of those things mentioned if you choose to opt out.
Common good would come with less government, not more.
George T
4:18 pm on Monday, July 30, 2012
There is a fine line between the power to require proper training, etc. and the power to tax. While most reasonable people would agree that firearm training is desirable, regardless of whether such training is forced by the government, most people would also not prefer to be taxed excessively for what is a fundamental right. Government has that funny little tool in its bag of tricks - the ability to tax something to the point of inflicting pain, which is why we spent nearly $400 to register two motor vehicles, for example. Thank goodness we don't smoke cigarettes (though we have to buy lots of gasoline).
Buck Harmon
4:23 pm on Monday, July 30, 2012
Well said George T...
Buck Harmon
4:28 pm on Saturday, July 28, 2012
Kathy, There are thousands of incidents where motor vehicles have crashed into buildings causing multiple injuries and loss of life...not to mention many more vehicle to vehicle collisions. It happens regularly in your own neighborhood. I was at a flea market at the flea market at Westminster High School several weeks ago and witnessed a drunk try to pas on a double yellow line crash head on into an elderly couple heading home from the market...killed him instantly, not sure how she made out but the driver education seemed to fail miserably in this case....The point..more rules and laws will never stop bad behavior or accidents from happening... they only erode personal freedoms, and that is a very bad thing.
Kathy
6:37 pm on Sunday, July 29, 2012
There are millions of incidents where motor vehicles have caused injuries--but very few are deliberate. Education will not prevent drunk driving, just like it will not prevent a crazy person from shooting in a movie theatre. The truth is NO law will prevent a person from committing a crime if they really want to commit a crime. So what do we do-- do away with all laws? Drug use is astronomically high--do we decriminalize drugs? Laws ALWAYS only stop law abiding citizens from committing crimes. I am not saying that people shouldn't own guns--my dad owns a gun. But he knows how to use it, and I never even saw it when I was a child. It all boils down to fear--you are somehow afraid that the government is going to impose some kind of totalitarian state on us and it is only your gun ownership that will prevent this. Maybe I haven't been watching the same movies as you have, but I don;t have that fear.
Buck Harmon
3:56 pm on Monday, July 30, 2012
As rights are eroded by too many bad or non laws our country becomes "totalitarian", slowly but surely. It is happening, to deny it would be apathetic.
Apathy breeds followers of bad law or sheeple if you will.
WestMonster
4:38 pm on Saturday, July 28, 2012
Buck what you're missing is that your rights are reach a limit when they infringe on the rights of others. Your right to carry a gun is limited by its impact on my safety. Thatis why training should be required. Just like drivers ed. Are saying the govt should let everyone drive when they feel like they are ready?
Mr. Martin, guns aren't the only method of self defense. I would like to think we are a little more sophisticated than in wild west times.
Buck Harmon
4:55 pm on Saturday, July 28, 2012
My right to carry is natural and in no way would be a threat to you unless you tried to do harm to me ...it's a defensive right.. Are we required to have training before taking mind altering prescribed medications that might cause us to drive or behave dangerously?
Brandon White
5:05 pm on Saturday, July 28, 2012
"Mr. Martin, guns aren't the only method of self defense. I would like to think we are a little more sophisticated than in wild west times." Are we really? There are more criminals now by percentage, not population. More murders, more robberies, assaults, burglaries. Tasers, mace, batons are outlawed in many counties, and cities throughout the Sate of Maryland. What method do you presume to use, your cell phone, a whistle....tell that to several people in Baltimore that got robbed and killed. You have greater odds getting hit by a bus than you have being the innocent bystander shot by a CCW citizen. Your safety or lack of it should not infringe on others to be able to protect themselves. Maybe you are 30, 6'2" in great shape and practice Krav Maga but it won't matter if someone starts shooting at you and all you can do is hide under a table and pray. Now you impact others safety.
J227
12:07 am on Sunday, July 29, 2012
"He who would trade liberty for some temporary security, deserves neither liberty nor security." - Benjamin Franklin “A fear of weapons is a sign of retarded sexual and emotional maturity.” - Sigmund Freud "When the people fear their government there is tyranny; when the government fears the people, there is liberty. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." – Thomas Jefferson
Steve
5:22 pm on Sunday, July 29, 2012
I see somebody has been reading their Eddie the Eagle comic book!
John Culleton
3:19 pm on Monday, July 30, 2012
In re requiring citizens to receive training before exercising their 1st amendment rights: I have 16 plus years of education including a four year degree in English and a minor in theology (1st amendment protects freedom of religion as well as speech) as well as course work in political science.When I went to elementary school civics was a required subject. I have worked in government at the federal, state and local levels. I don't agree that 1st amendment rights require specific training but if they do then I have a reasonable amount of training. How about you?
John Culleton
3:38 pm on Monday, July 30, 2012
The next time I am attacked by a criminal will be the first time. And I have been around for close to 80 years. So I will take my chances and go to the grocery store without a gun on me.
Buck Harmon
3:59 pm on Monday, July 30, 2012
You are as free to make that choice as I am to carry. perfect balance..if I see an elderly person being assaulted I am prepared to assist with confidence.
Buck Harmon
4:37 pm on Monday, July 30, 2012
"Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of." --James Madison, Federalist No. 46, 1788
George T
4:44 pm on Monday, July 30, 2012
Which is why the federal government pounds the crappola out of subordinate governments (states) rights at every, single opportunity.
TeeBarb
11:44 am on Wednesday, August 1, 2012
Rights are unalienable. You can choose to exercise yours OR NOT; you cannot choose to give mine away with yours or take them away from anyone ELSE.
Personal responsibility is what is missing in most of the discussions here. If you drive a car and kill someone or yourself YOU are personally responsible. If you choose to carry a concealed weapon (your right, by the way) YOU are responsible. For everything about that choice. If you choose to shout "Fire!" in a crowded theater (also your right, by the way despite laws to the contrary the kicker is:) YOU ARE PERSONALLY RESPONSIBLE for making that choice. Our society shirks personal responsibility at almost every turn. What do you want to bet that the defense team for the shooter in Aurora will start to build a case of EXCUSES? Or that he was insane when he did it? That still doesn't obviate his actions and his responsibility for them. If there was justice he'd have a fair, speedy trial and be executed immediately afterwards. IS there any doubt in anyone's mind that he "did it"? You know what? Sometimes it's just your fault because you are stupid, or ignorant or made a tragically bad decision. [And, hey, that also implies to me, BTW.] Don't' make the mistake of supplanting important liberties or rights for your good ideas or good intentions. Be responsible for your own actions and let's start having the moral fortitude to hold others responsible for theirs.
Buck Harmon
12:04 pm on Wednesday, August 1, 2012
Well said TeeBarb..
WestMonster
12:46 pm on Wednesday, August 1, 2012
There's an important distinction that needs to be brought into this conversation: the difference between "inalienable", "natural", and "legal" rights. These terms are being thrown around in this discussion, and in some cases are not being used correctly. The right provided by the second amendment is a legal right, since it would not exist without being enumerated in that legal document. The Declaration of Independence speaks to three inalienable rights: life, liberty, and the pursuit of happiness. By terming them "inalienable" Jefferson was communicating that no government should endeavor to violate them. These are similar to natural rights in that they don't need to be guaranteed by law.
Love your point about personal responsibility though, TeeBarb!
Buck Harmon
4:40 pm on Monday, July 30, 2012
"[W]hen the resolution of enslaving America was formed in Great Britain, the British Parliament was advised by an artful man, - who was governor of Pennsylvania, to disarm the people; that it was the best and most effectual way to enslave them; but that they should not do it openly, but weaken them, and let them sink gradually, by totally disusing and neglecting the militia." --George Mason, speech in the Virginia Ratifying Convention, 1788
John Culleton
12:17 pm on Tuesday, July 31, 2012
You can join the militia (National Guard or Reserves) attend drills regularly, and frustrate the British Parliament of centuries ago. And I agree, the governor of Pennsylvania should be replaced.
George T
12:56 pm on Tuesday, July 31, 2012
John, you are a fine writer, but your logic with the Constitution is right up there with David Iacono's. You've written about how the 2nd Amendment should protect only antiquated implements, but would you suggest similar interpretation for the 1st Amendment? Yes, I know - it's all about your "body count", and how you choose to assess the consequences of gun ownership - which only accounts for senseless deaths, but not for lives saved.
It's also been written that the pen is mightier than the sword. So, by your reasoning, any means of publishing that is more sophisticated than a typewriter should not be protected speech. Laugh it off, but governments that were trying to hold onto power during the Arab Spring used similar logic to quell the popular uprising that spread like wildfire through social media - by restricting it. Free speech can be considered just as dangerous as arms, in some cases.
So, what say you, John - can you be consistent in applying Constitutional protections for the sake of freedom?