279 A.3d 1048
Md. Ct. Spec. App.2022Background
- William Rounds, a seasoned gun owner and prior Maryland permit holder, applied to renew his Maryland handgun carry permit in 2020, citing personal protection because he frequently carries cash when buying silver from strangers.
- The Maryland State Police (MSP) denied the renewal for lack of "documented evidence of threats or assaults" amounting to a "good and substantial reason." MSP applied an objective standard via an internal SOP requiring proof of threats.
- Rounds appealed to the Office of Administrative Hearings (OAH) and then the Circuit Court for Somerset County; both upheld MSP’s denial. Rounds proceeded pro se to the Court of Special Appeals.
- While this appeal was pending, the U.S. Supreme Court decided New York State Rifle & Pistol Ass’n v. Bruen (2022), holding New York’s "proper cause" requirement for public-carry permits unconstitutional.
- The Maryland Court of Special Appeals held that Maryland’s "good and substantial reason" requirement in Pub. Safety § 5-306(a)(6)(ii) is materially identical to New York’s struck provision and therefore unconstitutional under Bruen.
- Because the denial rested solely on that now-unconstitutional requirement, the court reversed the circuit court and ordered MSP to issue Rounds his permit consistent with the remaining statutory criteria.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Maryland's "good and substantial reason" requirement permits denying a carry permit absent documented threats | Rounds: statute and MSP SOP do not lawfully require prior threats; subjective fear should suffice | MSP: standard is objective; applicants must provide documented evidence of threats or assaults | Held: Requirement is unconstitutional under Bruen and therefore of no legal effect |
| Whether MSP's SOP (and prior case law) properly adds a documented-threats requirement | Rounds: SOP improperly adds requirements beyond statute; arbitrary | MSP: SOP reflects Maryland precedent requiring objective evidence of threats | Held: Court did not need to resolve because Bruen invalidated the statutory "good and substantial reason" basis for denial |
Key Cases Cited
- New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (U.S. 2022) (held New York’s "proper cause" requirement unconstitutional; adopted historical‑tradition test for firearm regulations)
- Snowden v. Handgun Permit Review Bd., 45 Md. App. 464 (Md. Ct. Spec. App. 1980) (interpreted Maryland standard to require evidence of threats or attacks)
- Scherr v. Handgun Permit Review Bd., 163 Md. App. 417 (Md. Ct. Spec. App. 2005) (applied similar requirement that applicants show actual threats for personal‑protection permits)