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
Now With More Banning! Dianne Feinstein Introduces “Updated” Federal “Assault Weapons” Ban (S. 66)

News  

Friday, January 11, 2019

Now With More Banning! Dianne Feinstein Introduces “Updated” Federal “Assault Weapons” Ban (S. 66)

On Wednesday, longtime gun control extremist Dianne Feinstein (D-CA) introduced the latest version of her perennial bid to rid America of its most popular types of rifles, as well as the standard capacity magazines that ...

Washington: Committee Hearings Scheduled on Anti-Gun Bills

Wednesday, January 16, 2019

Washington: Committee Hearings Scheduled on Anti-Gun Bills

Anti-gun bills will be heard on January 21st at 10:00AM by the Washington state Senate Committee on Law & Justice and by the House Committee on Civil Rights & Judiciary on January 22nd at 10:00AM.

Wisconsin: Governor Evers Starts Session with Gun Control Push

Monday, January 14, 2019

Wisconsin: Governor Evers Starts Session with Gun Control Push

With the 2019 Wisconsin Legislative Session convened, Governor Tony Evers and Attorney General Josh Kaul are already working with legislators to pass sweeping gun control.

Illinois: Gov. Pritzker Signs Firearm Registration & Dealer Licensing Bill

Thursday, January 17, 2019

Illinois: Gov. Pritzker Signs Firearm Registration & Dealer Licensing Bill

Today, Governor J.B. Pritzker signed Senate Bill 337 into law.  Passed by the previous legislature in 2018, SB 337 will establish a firearm registry and shut down your local gun stores with government red tape.  Senate ...

Canada’s Gun Control Advocates Boast Handgun Ban is “Within Reach”

News  

Friday, January 11, 2019

Canada’s Gun Control Advocates Boast Handgun Ban is “Within Reach”

On August 28, 2018, Canadian Prime Minister Justin Trudeau instructed Bill Blair, his minister of Border Security and Organized Crime Reduction, to examine the feasibility of “a full ban on handguns and assault weapons in ...

Monster Mistake, Take Two?

News  

Hunting  

Friday, January 11, 2019

Monster Mistake, Take Two?

Capitulating to radical, anti-gun extremism has become acceptable to some within the business community in recent years, especially for companies that seem to care little about our rights protected by the U.S. Constitution.  We’ve seen banks ...

Keep Telling Your Members of Congress to Oppose “Universal” Background Check Bills

News  

Friday, January 18, 2019

Keep Telling Your Members of Congress to Oppose “Universal” Background Check Bills

On January 8, two bills were introduced in Congress to impose so-called "universal" background checks. The bills, H.R. 8 and S. 42, are being misleadingly described as simply requiring background checks on all sales of firearms, but this is ...

Virginia: Gov. Northam’s Anti-Gun Bills to be Heard in Committees

Tuesday, January 15, 2019

Virginia: Gov. Northam’s Anti-Gun Bills to be Heard in Committees

This week, committees in both chambers of the Virginia General Assembly will be hearing an array of bills that are part of Governor Ralph Northam’s agenda to impose sweeping gun control in the Commonwealth.  The ...

Law for Thee But Not for Me: Pittsburgh Officials Defy DA’s Legal Advice in Gun Control Push

News  

Friday, January 18, 2019

Law for Thee But Not for Me: Pittsburgh Officials Defy DA’s Legal Advice in Gun Control Push

Pittsburgh City Council member Corey O’Connor wants local residents to relinquish important aspects of their Second Amendment rights. If they refuse, he would have it cost them their liberty and treasure. But O’Connor himself apparently ...

Background Checks: No Impact on Criminals

News  

Friday, January 11, 2019

Background Checks: No Impact on Criminals

We have seen a generation of gun-grabbers rise and fall. The new generation of gun-grabbers are pushing for the same tired and baseless policies that won’t so much as inconvenience criminals. We understand the emotional ...

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.