Woollard v. Sheridan
2012 U.S. Dist. LEXIS 28498
| D. Maryland | 2012Background
- Maryland prohibits carrying a handgun outside the home unless a permit is issued.
- Secretary of State Police issues permits to applicants who meet enumerated criteria including good and substantial reason to wear/carry a handgun.
- Permit Unit reviews applications considering the applicant’s reasons, alternatives, and necessity due to apprehended danger.
- Board may review Permit Unit decisions and may sustain/reverse/modify.
- Woollard, who sought to carry for self-defense, had his renewal denied for lack of evidence of current threats; he sued for Second Amendment and Equal Protection challenges.
- Court granted Woollard summary judgment, finding the good and substantial reason requirement unconstitutional as not reasonably adapted to public safety interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the Second Amendment extend outside the home? | Woollard argues yes; right to bear arms applies beyond home. | Maryland argues scope outside home is unsettled. | Yes, extends beyond the home under intermediate scrutiny. |
| Is Maryland’s good and substantial reason requirement unconstitutional under intermediate scrutiny? | The requirement burdens a core right and is not sufficiently tailored. | The state has a substantial interest and tailoring need not be perfect. | Unconstitutional; not reasonably adapted to public safety. |
| Is the scheme a constitutional prior restraint on the Second Amendment? | The license regime vests unbridled discretion. | Discretion is bounded by standards and review. | Court declines prior restraint analysis but still rules against the provision. |
| Does the Fourteenth Amendment Equal Protection challenge need separate analysis? | Equal protection claim should be given strict scrutiny as fundamental right. | Second Amendment analysis suffices; equal protection claim largely duplicative. | No separate EP analysis required; EP claim subsumed by 2A ruling. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (recognizes individual right to possess and carry arms for self-defense; scope uncertain outside home)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (applies Second Amendment to states via incorporation)
- United States v. Masciandaro, 638 F.3d 458 (4th Cir. 2011) (outside-the-home Second Amendment rights; intermediate scrutiny applicable)
- Chester v. United States, 628 F.3d 673 (4th Cir. 2010) (outside-core Second Amendment rights; intermediate scrutiny appropriate)
- Staub v. City of Baxley, 355 U.S. 313 (U.S. 1958) (prior restraint analysis cited for licensing concerns in First Amendment context)
- Shuttlesworth v. Birmingham, 394 U.S. 147 (U.S. 1969) (requires narrow, objective standards for permits to avoid censorship)