Maryland Judge Strikes Down Handgun Restriction

A federal judge has declared unconstitutional a provision in Maryland law regulating who can carry a handgun, effectively loosening the restrictions governing firearm possession on the state’s streets.

In a 23-page memorandum opinion, made public Monday, U.S. District Court Judge Benson E. Legg said a state requirement forcing those applying for a gun-carry permit to show that they have a “good and substantial reason” to do so “impermissibly infringes the right to keep and bear arms,” as guaranteed by the Second Amendment.

“A citizen may not be required to offer a ‘good and substantial reason’ why he should be permitted to exercise his rights,” Legg wrote. “The right’s existence is all the reason he needs.”

Woollard’s 2009 renewal application was denied because he couldn’t “produce evidence of a current threat,” Legg’s decision said, or a good and substantial reason to carry a weapon, such as carrying a lot of cash for business or working in a high-risk or regulated profession, like law enforcement and armored car personnel.

After exhausting his appeal options, Woollard filed a lawsuit against Terrence Sheridan, secretary of the Maryland State Police, and three members of the Maryland Handgun Permit Review Board in 2010, claiming the requirement was unconstitutional.

“Good or substantial reason to carry.”

Well usually that’s when someone tries to unexpectedly rob, rape, or kill you. And usually, you don’t have time to fill out paperwork and apply for a handgun license in that two-second time frame.