Regressing to the mean, the U.S. Court of Appeals for the Fourth Circuit has reversed the district-court decision in what is now Woollard v. Gallagher. Ruling for the state, the court held that while Maryland’s requirement of “good and substantial reason” for a permit to carry a handgun in public does burden the right to bear arms under the Second Amendment, it is still “constitutionally permissible.” However, as Eugene Volokh notes, “a constitutional right that can be trumped in nearly all its
applications, under whatever level of scrutiny, is not really a right.”
Meanwhile, we wait to see whether the U.S. Supreme Court will take up Kachalsky v. Cacace and if Illinois will petition the same for review of its loss in Moore v. Madigan.
