Williams v. Maryland

A Right Deferred

The Supreme Court has chosen not to hear Williams v. Maryland this term. Are we screwed, then?

The implications aren’t encouraging. The first is that we couldn’t get four Justices to take an interest. The second is that there might have been four, but they didn’t think they could convince a fifth to their side. A loss at the Supreme Court level would essentially end the reach of the 2nd Amendment at the doorstep of one’s home.

While Williams was our best overall case, we’ve still got Masciandaro and Woollard awaiting review. However, their chances aren’t looking too bright at the moment, either.

That leaves constitutional protection of the right to carry in a precarious position, with three 4th Circuit decisions implying that there isn’t such a right. I worry that those might be taken as precedents in future litigation.

Civil Rights

The Supreme Court’s decision in D.C. v. Heller affirmed that the 2nd Amendment guarantees an individual right to own guns. McDonald v. Chicago incorporated that right against the states. Both of those cases were about ownership of guns in the home. The issue of carry outside the home (the “bearing” part of “keep and bear”) was touched upon only lightly and vaguely.

This case may change that.

Charles Williams legally purchased a gun in Maryland. He jumped through all the hoops. He did everything right. After picking it up from the shop, he dropped it off at his girlfriend’s house. Later, he retrieved the gun and headed home. He was arrested and sentenced to a year in jail for unlawful transportation of a firearm without a permit.

Williams admits that he didn’t even apply for a permit. Why? Because the state of Maryland has made it clear that they don’t issue them.

Continued...