Woolard v. Sheridan
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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.
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.
- November 15, 2010 - Motion for Summary Judgement by Second Amendment Foundation, Inc., Raymond Woolard Responses due December 2nd.
- October 25, 2010 - REPLY IN SUPPORT OF MOTION TO DISMISS by Attorney General of Maryland
- October 7, 2010 - RESPONSE in Opposition to MOTION to Dismiss filed by Second Amendment Foundation, Inc., Raymond Woollard.
- September 20, 2010 - MOTION to Dismiss by Defendants: Denis Gallagher, Seymour Goldstein, Terrence Sheridan, Charles M. Thomas, Jr.
- August 9 2010 - ORDER granting Motion to Appear Pro Hac Vice for attorney Alan Gura on behalf of Woollard and Second Amendment Foundation
- July 29, 2010 - Complaint filed
Commentary and Analysis
- July 30, 2010 - Gun rights advocates challenge Maryland's restrictions on handgun carry permits Washington Post
- July 30, 2010 - Lawsuit challenges Md.'s handgun restrictions Associated Press
Calguns Discussion Threads
Specifically, Plaintiffs seek:
- 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.”
- 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.