8/10/2012

Amici briefs in Woollard v. Gallagher, The Maryland Concealed Carry Case

Virginia Attorney General Ken Cuccinelli has put in this brief available here.  Virginia is joined by the AG's in Alabama, Arkansas, Florida, Kansas, Maine, Michigan, Nebraska, New Mexico, Oklahoma, South Carolina, South Dakota, West Virginia, and Kentucky.  Virginia, South Carolina, and West Virginia are three of the five states covered by the Fourth Circuit.  From the Summary statement in the brief:
The Commonwealth of Virginia, pursuant to Fed. R. App. P. 29(a),files this Amicus Brief in support of the plaintiffs-appellees' argumentthat Maryland's "good and substantial reason" requirement for law-abiding citizens to obtain permission to carry a handgun outside thehome for self-defense impinges the constitutional rights of its citizens. The Commonwealth and the amici States have an interest in this Court correctly holding that the self-defense interest animating the Second Amendment's individual right to keep and bear arms applies broadly beyond the confines of an individual's home. Because this Court's interpretation of the federal constitutional right will inform the protection afforded the right by parallel provisions in many state constitutions, the amici States urge this Court to interpret the scope of the right and apply a standard of review to its infringement that will recognize the inherent right of all citizens of the United States to lawfully and effectually protect themselves from unlawful violence. 
My most recent paper in the University of Maryland Law Review is available here

The Associated Gun Clubs of Baltimore has a brief available here.

Alan Gura has a brief available here.  I wish that he had discussed the entire relevant literature here:  19 support our side, 10 claim no significant effect and one claims a small temporary bad effect for one type of crime.

The documents for the case are available here.

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