Victory in Woollard, MD Case Against Justifiable Need Requirement for Concealed Carry

Maryland Shall Issue
Maryland Shall Issue

Maryland ––(Ammoland.com)- Victory For The Constitution in Maryland

We just received word that the United States District Court for the District of Maryland has granted a motion for summary judgement for plaintiff Ray Woollard in the Woollard v. Sheridan case that challenged the good and substantial requirement for issuance of a permit to carry a handgun.

You'll recall that this is the federal court case that Maryland Shall Issue helped to fund through a $10,000.00 donation to the Second Amendement Foundation who spearheaded this effort.

Ladies and gentlemen, we won!

This is all breaking news and there is far too much analysis to be done to comment any further today, but we wanted to make sure that MSI's members were aware of this exciting news.

A copy of the opinion can be found here.

Here are some important excerpts from the opinion:

“Because the –good and substantial reason requirement is not reasonably adapted to a substantial government interest, the Court finds this portion of the Maryland law to be unconstitutional. Woollard is entitled to summary judgment. ”

“A law that burdens the exercise of an enumerated constitutional right by simply making that right more difficult to exercise cannot be considered –reasonably adapted” to a government interest, no matter how substantial that interest may be. Maryland‘s goal of –minimizing the proliferation of handguns among those who do not have a demonstrated need for them,” id. at 40, is not a permissible method of preventing crime or ensuring public safety; it burdens the right too broadly. ”

“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. The showing, however, is always the Government‘s to make. A citizen may not be required to offer a good and substantial reason why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.”

We will have much to say on this in coming days once the smoke clears, so stand by for more information.

Maryland Shall Issue, Inc.
1332 Cape Saint Claire Road #342
Annapolis, Maryland 21409
240-446-6782

Mission Statement: Maryland Shall Issue is an all volunteer, non-partisan effort dedicated to the preservation and advancement of all gunowners' rights in Maryland, with a primary goal of CCW reform to allow all law-abiding citizens the right to carry a concealed weapon; and to the education of the community to the awareness that ‘shall issue' laws have, in all cases, resulted in decreased rates of violent crime.

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Sonora
Sonora
8 years ago

'Bout time. The MD General Assembly and the MD States Atty and the Maryland Statts Poliezi are all doing the 'public safety' circle jerk in unison with Owe'Malley as pivot man. The 4th Circuit is in Richamond… an open carry state with a large black population. That 'public safety' dog ain't gonna hunt. Game over. 'Only thing they'll manage to do is spend more MD taxpayers money they don't have while showing themselves to be the complete hoplophobic 'tards they are.

Alex
Alex
8 years ago

NJ next.

we have a 'may issue' as well.

great if I want to conceal carry in my house and non-easement parts of my yard.

DH
DH
8 years ago

The last two sentences of the excerpt are beautiful and bear repeating: "A citizen may not be required to offer a good and substantial reason why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs."

It's a great day for freedom.

Some Sock Puppet
Some Sock Puppet
8 years ago

Will this translate into the People's Repblic of NY and elsewhere or is it MD only?

Mike
Mike
8 years ago

Well, in DC the government simply ignores the law and the court and does whatever it wants. Seems to work for them, so I expect Annapolis to follow that path.

Rob K.
Rob K.
8 years ago

Now the question is how will lawmakers respond? I’m sorry, but I don’t think they are going to relent on this issue so easily. Although I wish they would.

Arthur J Barton Jr
Arthur J Barton Jr
8 years ago

OUTFRIGGINSTANDING!!! Finally a court who understands what "Rights" mean under the Constitution of the United States!!!