Daily Archives: March 5, 2012

1 post

Decision in Woollard v. Sheridan

The Maryland District Court has just handed down a decision [pdf] in the Woollard case granting the plaintiff summary judgement. You can catch up on the background here. The meat of the decision is that Maryland’s standard for issuance of carry permits is too strict and arbitrary to pass constitutional muster.

From the opinion:

The Court finds that Maryland’s requirement of a “good and substantial reason” for issuance of a handgun permit is insufficiently tailored to the State’s interest in public safety and crime prevention. The law impermissibly infringes the right to keep and bear arms, guaranteed by the Second Amendment.

Judge Legg maintains that the right to carry outside the home is only covered by intermediate scrutiny, but this is a step forward.

At bottom, this case rests on a simple proposition: If the Government wishes to burden a right guaranteed by the Constitution, it may do so provided that it can show a satisfactory justification and a sufficiently adapted method.

Continued...