Woolard v. Sheridan

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Woolard v. Sheridan

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

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.

  • 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