LonelyMachines

The Maryland District Court has just handed down a decision [pdf] in the Woollard case granting the plaintiff summary judgement. You can catch up on the background here . The meat of the decision is that Maryland's standard for issuance of carry permits is too strict and arbitrary to pass constitutional muster. From the opinion: The Court finds that Maryland’s requirement of a “good and substantial reason” for issuance of a handgun permit is insufficiently tailored to the State’s interest in public safety and crime prevention. The law impermissibly infringes the right to keep and bear arms, guaranteed by the Second Amendment. Judge Legg maintains that the right to carry outside the home is only covered by intermediate scrutiny, but this is a step forward. At bottom, this case rests on a simple proposition: If the Government wishes to burden a right guaranteed by the Constitution, it may do so provided that it can show a satisfactory justification and a sufficiently adapted method...

The Supreme Court has refused [pdf] to hear United States v. Masciandaro . That leaves Woollard v. Sheridan , which still has decent odds of making it to the calendar. There's been some scuttlebutt that the Court would rather hear a "pure" case in which the petitioner isn't someone appealing a criminal conviction. Both the Heller and McDonald cases fit this bill, as they were brought by law-abiding citizens appealing unjust laws. In such cases, the Court can address a constitutional issue directly, without having other logistical issues getting in the way.  Woollard  is a compelling case that gives them that opportunity. In happier news, that's the CZ P-01 with a Ka-Bar pistol bayonet at the top. Sure, CZ made one a few years back, but this one is lighter, and it has a really good blade. I don't know why the world needs more of these, but hey: it looks cool. I still haven't figured out a holster solution for it.

The Supreme Court has chosen not to hear Williams v. Maryland this term.  Are we screwed, then? The implications aren't encouraging. The first is that we couldn't get four Justices to take an interest.  The second is that there might have been four, but they didn't think they could convince a fifth to their side.  A loss at the Supreme Court level would essentially end the reach of the 2nd Amendment at the doorstep of one's home. While  Williams  was our best  overall case , we've still got Masciandaro and Woollard  awaiting review.  However, their chances aren't looking too bright at the moment, either. That leaves constitutional protection of the right to carry in a precarious position, with three 4th Circuit decisions implying that there isn't such a right.  I worry that those might be taken as precedents in future litigation.

The 2nd Amendment Foundation is spearheading a lawsuit [pdf] to challenge Maryland's rigid scheme on the issuance of concealed carry permits.  In short, a civilian seeking a permit for "personal protection" must show "documented evidence of recent threats, robberies, and/or assaults, supported by official police reports or notarized statements from witnesses." Plaintiff Raymond Woollard should therefore meet the criteria.  According to the complaint, his home was broken into on Christmas Eve, 2002.  Woollard was beaten by the intruder, and it took police over two hours to respond to his wife's 911 call.  His assailant was sentenced to probation at first, then imprisoned after assaulting a police officer. Upon the assailant's release only three years later, Mr. Woollard was issued a permit.  In 2009, his renewal was denied by the defendants, who cited a lack of evidence to "support apprehended fear (i.e. - copies of police reports for assaults, th...