Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Maryland: Appeals Court Reverses Lower Court Decision, Upholds Maryland Carry Permit Criteria

Friday, March 22, 2013

Last March, in a victory for Maryland gun owners, a federal judge ruled in the case of Woollard v. Sheridan that a key provision of the state’s gun laws was unconstitutional.  Judge Benson Everett Legg declared that Maryland's requirement for a "good and substantial reason" to obtain a concealed-carry permit violates the Second Amendment protection of the right to keep and bear arms.

"The Court finds that the right to bear arms is not limited to the home," Judge Legg wrote in his 23-page ruling. "In addition to self-defense, the right was also understood to allow for militia membership and hunting. To secure these rights, the Second Amendment’s protections must extend beyond the home: neither hunting nor militia training is a household activity, and 'self-defense has to take place wherever [a] person happens to be.'’'

Judge Legg added, "A citizen may not be required to offer a 'good and substantial reason' why he should be permitted to exercise his rights. The right's existence is all the reason he needs."

Maryland appealed the decision.  According to a BaltimoreSun.com
article, this week a federal appeals court upheld Maryland's handgun permitting law, reversing a lower court decision by concluding that the state can constitutionally require an applicant to show “good and substantial reason” that he or she needs a concealed-carry license.

In the court’s opinion, Judge Robert King said the state had shown that the requirement “is reasonably adapted” to its “significant interests in protecting public safety and preventing crime.”

Though Woollard is not an NRA-funded case, it is one of several cases around the country that have sought to make clear that the right to bear arms for personal protection applies outside the home.  Among them are the NRA-supported cases of Shepard v. Madigan, decided in December in the Seventh Circuit U.S. Court of Appeals, and Peruta v. County of San Diego, pending in the Ninth Circuit. 

In Shepard v. Madigan, a three-judge panel of the Seventh Circuit ruled on December 11, 2012, that Illinois' total ban on carrying firearms for self-defense outside the home or business is unconstitutional. On February 22 of this year, the full court denied the State of Illinois’ petition to rehear the case. The case involves lead plaintiff Mary Shepard, an Illinois resident and a trained gun owner, who is licensed to carry a concealed handgun in both Utah and Florida, but was denied that right in Illinois and brutally beaten in an attack in her workplace.

Just a week before the NRA victory in Shepard v. Madigan, the San Francisco-based Ninth Circuit heard arguments against the abuse of California’s permitting structure by local authorities. The NRA-backed case of Peruta v. County of San Diego targets San Diego County, and Richards v. Prieto (a non-NRA case) challenges the practices of Yolo County. At issue in both cases is the California law that says a resident may only receive a carry license if he or she shows “good cause.”

Also heard before the Ninth Circuit were arguments in Baker v. Kealoha, which challenges Hawaii’s near-complete ban on the issuance of concealed carry permits. Hawaii’s statute says that concealed carry permits shall be issued only “in an exceptional case” or “where urgency or need has been sufficiently indicated,” and gives police chiefs arbitrary power to decide whose case is “exceptional.” (In practice, no permits are ever issued, a fact that the government’s attorney carefully dodged during the argument.)

With these cases pending, the coming weeks and months will surely bring significant rulings that affect every American’s right to self-defense outside the home.

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

26 States File Suit Against ATF

Thursday, May 2, 2024

26 States File Suit Against ATF

Fairfax, Virginia – May 1, 2024…Today, a total of 26 States filed three separate lawsuits against the ATF’s new rule redefining who is “engaged in the business” of dealing in firearms. As NRA previously warned, this ...

Colorado: Legislature Making Final Push For Gun Control Before End of Session

Friday, May 3, 2024

Colorado: Legislature Making Final Push For Gun Control Before End of Session

As the clock ticks down to the end of the 2024 session on Wednesday, May 8th, anti-gun extremists in the General Assembly continue to push legislation that will infringe on your constitutional rights. 

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

News  

Friday, May 3, 2024

President Donald J. Trump to Address NRA Members at the 153rd NRA Annual Meeting in Dallas, Texas

Today, the National Rifle Association of America (NRA) announced that President Donald J. Trump will address NRA members as the keynote speaker at the 2024 NRA Annual Meetings & Exhibits on Saturday, May 18th in Dallas, ...

Supreme Court Takes Up Biden Administration’s Attempt to Reinterpret Meaning of “Firearm”

News  

Monday, April 29, 2024

Supreme Court Takes Up Biden Administration’s Attempt to Reinterpret Meaning of “Firearm”

Because gun control has little or nothing to do with solving problems (other than the “problem” of Americans owning guns), marketing is crucial to its success. 

May 1, 2024 – Canada’s Gun Confiscation Hits Four Year Milestone

News  

Monday, April 29, 2024

May 1, 2024 – Canada’s Gun Confiscation Hits Four Year Milestone

Liberal Prime Minister Justin Trudeau’s “assault weapon” ban and confiscation (mandatory “buyback”) scheme was announced on May 1, 2020, with much ado and forceful rhetoric.

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

Georgia: Attorney General Carr Puts Savannah on Notice Over Restrictive Gun Ordinance

Friday, May 3, 2024

Georgia: Attorney General Carr Puts Savannah on Notice Over Restrictive Gun Ordinance

NRA recently requested the Georgia Attorney General's Office review the City of Savannah's mandatory vehicle gun storage ordinance against the state's firearms preemption law

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.