Williams v. State
10 A.3d 1167
| Md. | 2011Background
- Williams was convicted in Maryland circuit court of wearing, carrying, or transporting a handgun in public without a permit (Md. Crim. Law Art. §4-203(a)(1)(i)); he did not have a handgun permit and had not applied for one.
- At arrest, Officer Molake found a Glock handgun in a brush area Williams had approached; Williams admitted possession in a written statement.
- Evidence suggested Williams purchased the handgun Aug. 15, 2007, and completed a Maryland handgun purchase application; he claimed it was for self-defense.
- Section 4-203(b)(6) permits handgun possession on land owned/leased by the person or where the person resides; Williams had not applied for a permit and was not in his residence at the time of arrest.
- Court of Special Appeals affirmed; held Heller/McDonald do not render §4-203 unconstitutional and that §4-203(b)(6) exempts home possession, thus Williams’ conviction stands.
- The Court granted certiorari to address whether Md. §4-203, Public Safety §5-301 et seq., and COMAR 29.03.02.04 are unconstitutional in light of Heller.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §4-203(a)(1)(i) outside the home violates the Second Amendment | Williams: Second Amendment protects general right to keep and bear arms | State: §4-203 is a reasonable regulation; §4-203(b)(6) preserves home rights | No; §4-203(a)(1)(i) outside home falls outside the Second Amendment scope |
| Standing to challenge §5-301 et seq. and COMAR 29.03.02.04 | Williams did not apply for a permit, so lacks standing | No standing because regulatory scheme concerns permit process | Williams lacks standing to challenge those provisions |
| Application of Heller/McDonald to Maryland's handgun regime | Heller/McDonald imply broader Second Amendment protections | These decisions address home possession; Maryland allows home possession via §4-203(b)(6) | Heller/McDonald limit is to home possession; §4-203(b)(6) places activity outside the home within home-right framework |
| Effect of §4-203(b)(6) on the outcome | §4-203(b)(6) takes conduct outside the Second Amendment’s protected scope when within home |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (individual right to keep and bear arms; limits on home possession)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (Second Amendment applicable to states via due process)
- People v. Dawson, 403 Ill. App. 3d 499 (Ill. App. 2010) ( Illinois statute upheld; home possession exception referenced)
- Little v. United States, 989 A.2d 1096 (D.C. 2010) (DC Court of Appeals upholds non-home limits in context of public possession)
- Herrington v. United States, 6 A.3d 1237 (D.C. 2010) (ammunition possession case aligning with Heller framework)