Woollard v. Sheridan et Alii

The 2nd Amendment Foundation is spearheading a lawsuit [pdf] to challenge Maryland’s rigid scheme on the issuance of concealed carry permits.  In short, a civilian seeking a permit for “personal protection” must show “documented evidence of recent threats, robberies, and/or assaults, supported by official police reports or notarized statements from witnesses.”

Plaintiff Raymond Woollard should therefore meet the criteria.  According to the complaint, his home was broken into on Christmas Eve, 2002.  Woollard was beaten by the intruder, and it took police over two hours to respond to his wife’s 911 call.  His assailant was sentenced to probation at first, then imprisoned after assaulting a police officer.

Upon the assailant’s release only three years later, Mr. Woollard was issued a permit.  In 2009, his renewal was denied by the defendants, who cited a lack of evidence to “support apprehended fear (i.e. – copies of police reports for assaults, threats, harassments, stalking).”

The man who assaulted Mr. Woollard in his home now lives three miles from him.  If that doesn’t qualify as “apprehended fear,” I’m not sure what does.

The decisions in Heller and McDonald affirmed that the 2nd Amendment protects the right of individuals to keep arms, but what about the “bearing” part?  That’s the third rail right now.  Thus far, the Supreme Court has held that we have the right to keep handguns in the home for the purpose of self-defense, but carrying a gun outside the confines of the home is still a grey area.

The primary reason the review board chaired by the defendants refused Woollard’s renewal was that he could not prove “threats occurring beyond his residence, where he can already legally carry a handgun.”  Under this logic, the plaintiff would be defenseless should his assailant confront him while out picking up the morning paper.  The 2nd Amendment is largely toothless if the right of self-protection does not extend to an individual’s public life.

The lawsuit cleverly states that, “[t]he Second Amendment guarantees individuals a fundamental right to carry functional handguns in non-sensitive public places for purposes of self-defense.”  This complies with Scalia’s dicta in the Heller decision, which did not rule out the idea of carrying arms, but advanced the idea that some restrictions would possibly be defensible.

Maryland residents should not have to prove prior victimhood in order to protect themselves.  When denying the exercise of a right, the onus should fall on the state to justify such infringement.

The trick now is getting the right to carry acknowledged as such.  I’ve no doubt the Maryland District Court will be hostile to this case, which will likely leave matters to the 4th Circuit.

According to Maryland State Police criteria [pdf], an applicant must meet one of these criteria to qualify for a permit:

a) Owner or Employee of a Business: Submit photocopies of the Traders License or Business License, and if the purpose of the permit is for:
(i) Making deposits: Photocopies of six (6) random deposit slips for the business showing the deposits within a year of the application submission date or a letter from the bank attesting that your business has a monetary flow.
(ii) Cash Flow: Photocopies of Ten (10) receipts showing purchases for supplies and/or payments received for services.
(iii) Requesting a permit for one of your employees, or if you are an employee and you have permission from your employer to obtain a permit: A letter from your employer on the business stationery, explaining in detail why you need to carry a gun as part of your duties.
b) Professional Activities: Doctors, Pharmacies, etc., Must show evidence of legitimacy of business activity and valid certification or license.
c) Correctional Officers: Must submit verification of employment and documentation of threats and assaults.
d) Former Police Officer: If you have resigned or retired, you must show evidence of your tenure in law enforcement, such as a letter from your Agency.
e) Private Detective/Security Guard/Special Police & Railroad Police Commissions: All applicants who are employed as Private Detectives, Security Guards, Special Police, and Railroad Police, must submit a certification of qualification with a handgun from a Maryland State Police Certified Handgun Instructor on an MSP form. A copy of the form letter supporting “good and substantial reasons,” ownership of weapon, and location where the weapon will be maintained, is also required.  (This form can be obtained from your employer).
f) Personal Protection: There must be documented evidence of recent threats, robberies, and/or assaults, supported by official police reports or notarized statements from witnesses.