Difference between revisions of "Woolard v. Sheridan"

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==Woolard v. Sheridan==
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==Woolard v. Gallagher (was Sheridan)==
 
[http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.1.0.pdf ''Woolard v. Sheridan''] is a case seeking to change concealed carry from a privilege to a right in Maryland.
 
[http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.1.0.pdf ''Woolard v. Sheridan''] is a case seeking to change concealed carry from a privilege to a right in Maryland.
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* Sept 8, 2012 Sheridan replaced
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Defendants, by their undersigned counsel, provide notice of the automatic
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substitution of Marcus Brown, in his official capacity as Superintendent
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of the Maryland State Police, for Terrence Sheridan, the former
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Superintendent.
  
 
  RAYMOND WOOLLARD
 
  RAYMOND WOOLLARD
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The case number is 1:10-cv-02068 [http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.docket.html Docket] filed in the [http://www.mdd.uscourts.gov/ United States District Court for the District of Maryland.]
 
The case number is 1:10-cv-02068 [http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.docket.html Docket] filed in the [http://www.mdd.uscourts.gov/ United States District Court for the District of Maryland.]
  
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* April 8, 2013 plaintiffs file for en banc review
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* March 31, 2013 plaintiffs 4th Circuit [http://pacer.ca4.uscourts.gov/opinion.pdf/121437.P.pdf reversed] lower court.
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* Oral arguments in the case were heard before 4th Circuit on October 24, 2012
 
* Mar 03, 2012 Wollard [http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.53.0.pdf Wins] in District Court!!!
 
* Mar 03, 2012 Wollard [http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.53.0.pdf Wins] in District Court!!!
  
  This case requires the Court to answer two fundamental questions. The first asks whether the Second  
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  This case requires the Court to answer two fundamental questions. The
Amendment‘s protections  extend beyond the home, ―where the need for defense of self, family, and  
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first asks whether the Second Amendment‘s protections  extend beyond the
property is most acute.‖ Heller, 554 U.S. at 628. This question was left unanswered in Heller, and  
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home, ―where the need for defense of self, family, and property is most
has not been authoritatively addressed in the Fourth Circuit‘s post-Heller decisions. Second, if  
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acute.‖ Heller, 554 U.S. at 628. This question was left unanswered in  
the right to bear arms does extend beyond the home, the Court must decide whether Maryland‘s requirement
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Heller, and has not been authoritatively addressed in the Fourth Circuit‘s
  that a permit applicant demonstrate ―good and substantial reason to wear or carry a handgun passes constitutional muster.
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post-Heller decisions. Second, if the right to bear arms does extend
 
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beyond the home, the Court must decide whether Maryland‘s requirement
  The court found that the right does exist outside the home and Maryland's law requiring a reason to
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  that a permit applicant demonstrate ―good and substantial reason to wear
exercise that right unconstitutional.  
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or carry a handgun passes constitutional muster.
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  The court found that the right does exist outside the home and Maryland's
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law requiring a reason to exercise that right unconstitutional.  
  
 
* Dec 29, 2010 Motion to dismiss the MSJ was [http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.16.0.pdf denied].
 
* Dec 29, 2010 Motion to dismiss the MSJ was [http://www.archive.org/download/gov.uscourts.mdd.180772/gov.uscourts.mdd.180772.16.0.pdf denied].

Latest revision as of 01:51, 9 April 2013

Woolard v. Gallagher (was Sheridan)

Woolard v. Sheridan is a case seeking to change concealed carry from a privilege to a right in Maryland.

  • Sept 8, 2012 Sheridan replaced
Defendants, by their undersigned counsel, provide notice of the automatic
substitution of Marcus Brown, in his official capacity as Superintendent
of the Maryland State Police, for Terrence Sheridan, the former
Superintendent.
RAYMOND WOOLLARD
SECOND AMENDMENT FOUNDATION, INC. 

                  Plaintiffs, 
            v.
 
TERRENCE SHERIDAN, 
serve: Maryland State Police 

DENIS GALLAGHER, 
SEYMOUR GOLDSTEIN, and 
CHARLES M. THOMAS, JR. 
serve: Handgun Permit Review Board 

                  Defendants.

Status

The case number is 1:10-cv-02068 Docket filed in the United States District Court for the District of Maryland.

  • April 8, 2013 plaintiffs file for en banc review
  • March 31, 2013 plaintiffs 4th Circuit reversed lower court.
  • Oral arguments in the case were heard before 4th Circuit on October 24, 2012
  • Mar 03, 2012 Wollard Wins in District Court!!!
This case requires the Court to answer two fundamental questions. The
first asks whether the Second Amendment‘s protections  extend beyond the
home, ―where the need for defense of self, family, and property is most
acute.‖ Heller, 554 U.S. at 628. This question was left unanswered in 
Heller, and has not been authoritatively addressed in the Fourth Circuit‘s
post-Heller decisions. Second, if the right to bear arms does extend
beyond the home, the Court must decide whether Maryland‘s requirement
that a permit applicant demonstrate ―good and substantial reason to wear
or carry a handgun passes constitutional muster.

The court found that the right does exist outside the home and Maryland's
law requiring a reason to exercise that right unconstitutional. 
  • Dec 29, 2010 Motion to dismiss the MSJ was denied.
  • November 22, 2010 - Conference Memo Delayed MSJ responses until ruling on motion to dismiss.
  • August 9 2010 - ORDER granting Motion to Appear Pro Hac Vice for attorney Alan Gura on behalf of Woollard and Second Amendment Foundation

Commentary and Analysis

Calguns Discussion Threads

Intent

Specifically, Plaintiffs seek:

  1. An injunction permanently blocking the enforcement of a Maryland section of law (Md. Public Safety Code § 5-306(a)(5)(ii).) requiring that the carry permit applicant have "necessary as a reasonable precaution against apprehended danger.”
  1. An declaratory judgement that the Maryland State Police may not deny a permit to carry firearms on grounds that the applicant does not face a level of danger higher than that which an average person would reasonably expect to encounter.

Case Files

All files are here