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Raymond Woollard, et al. v. Terrence Sheridan, et al.
State: Maryland
Court: Maryland District Court
Case Date: 03/02/2012
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND RAYMOND WOOLLARD, et al. : Plaintiffs : v. : TERRENCE SHERIDAN, et al. : Defendants : o0o MEMORANDUM Civil Case No. L-10-2068

This case calls upon the Court to determine whether the State of Maryland's handgun regulation statute violates the Second Amendment to the United States Constitution insofar as it requires an applicant to demonstrate "good and substantial reason" for the issuance of a handgun permit. Plaintiffs Raymond Woollard and The Second Amendment Foundation1 bring suit against Terrence Sheridan, Secretary of the Maryland State Police, and three members of the Maryland Handgun Permit Review Board. The facts of the case are undisputed, and both sides have moved for summary judgment. See Docket Nos. 21 and 25.2 The issues have been comprehensively briefed and the Court has heard oral argument.

The Second Amendment Foundation is a non-profit organization, the stated purposes of which include "promoting the exercise of the right to keep and bear arms; and education, research, publishing and legal action focusing on the Constitutional right to privately own and possess firearms, and the consequences of gun control." Am. Compl. 2. For ease of reference, Plaintiffs will be collectively referred to as "Woollard" throughout. 2 The Court thanks counsel for their thorough and skillful briefs. The Court also thanks amici curiae, the Brady Center to Prevent Gun Violence and the Legal Community Against Violence, for their useful submissions. 1

1

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.

I.

BACKGROUND The state of Maryland prohibits the carrying of a handgun outside the home, openly or

concealed, without a permit. See MD. CODE ANN., CRIM. LAW
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