Woollard v. Gallagher, No. 12-1437 (4th Cir. 2013)Annotate this Case
Plaintiffs initiated this action pursuant to 42 U.S.C. 1983, asserting, inter alia, that Maryland's good-and-substantial-reason requirement for obtaining a handgun permit contravened the Second Amendment. The district court permanently enjoined enforcement of section 5-306(a)(5)(ii) of the Public Safety Article of the Maryland Code, to the extent that it conditions eligibility for a permit to carry, wear, or transport a handgun in public on having "good and substantial reason" to do so. Because the court disagreed with the district court's conclusion that the good-and-substantial-reason requirement could not pass constitutional muster, the court reversed the judgment. Under the applicable intermediate scrutiny standard, the State had demonstrated that the good-and-substantial-reason requirement was reasonably adapted to Maryland's significant interests in protecting public safety and preventing crime. The court also rejected plaintiffs' facial challenge. Accordingly, the court reversed the judgment of the district court.