Woollard v. Gallagher

Plaintiffs allege that the Defendants' refusal to grant a concealed carry permit renewal to Mr. Woollard on the basis that he "...ha[d] not demonstrated a good and substantial reason to wear, carry or transport a handgun as a reasonable precaution against apprehended danger in the State of Maryland" was a violation of Mr. Woollard's rights under the Second and Fourteenth Amendments, and therefore unconstitutional.

These permits are currently issued on a discretionary basis, beyond the federal prohibitions on for example former mental patients and domestic abusers owning lethal guns, (so-called "may-issue" licensing), based upon, in part, a finding that the applicant "has good and 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.

"[1] The Plaintiffs sought relief in the form of the removal of the "good and substantial reason" requirement of Maryland's firearm laws.

In an opinion dated March 2, 2012, District Judge Benson Legg granted summary judgment in favor of the Plaintiffs.

2010) and found that application of intermediate scrutiny is called for; "In order to prevail, the State must demonstrate that the challenged regulation is reasonably adapted to a substantial governmental interest.

The law is instead, as the Defendants admitted to in oral arguments, a rationing system intended solely to reduce the number of firearms carried, by restricting the "privilege" based on a demonstrated need beyond a general desire for self-defense.

In fact, Maryland's law, the decision states, "places firearms in the hands of those most likely to use them in a violent situation by limiting the issuance of permits to 'groups of individuals who are at greater risk than others of being the victims of crime.

During the hearing, questions were posed to both lawyers from the bench about the appropriateness of Woollard filing suit in Federal court challenging a ruling by a state agency, an action subject to the application of the Younger abstention and Rooker-Feldman doctrines.

The Court found that, while the "good cause" requirement does indeed infringe upon Woollard's Second Amendment rights, the requirement nevertheless passes intermediate scrutiny (the standard previously determined applicable in Masciandaro and Chester, heard by the same Circuit), by holding that Maryland's desire to reduce handgun violence is a "substantial government interest", and that the "good cause" requirement is "reasonably fitted" to this interest in several ways, primarily by reducing the number of guns on the street, which the Court agreed with the Appellants provides several secondary effects that significantly reduce handgun violence and increase the ability of the police to distinguish criminals from law-abiding citizens.