KING, Circuit Judge:
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. Necessary to the entry of the court's injunction was its trailblazing pronouncement that the Second Amendment right to keep and bear arms for the purpose of self-defense extends outside the home, as well as its determination that such right is impermissibly burdened by Maryland's good-and-substantial-reason requirement. See Woollard v. Sheridan, 863 F.Supp.2d 462 (D.Md.2012). Because we disagree with the court's conclusion that the good-and-substantial-reason requirement cannot pass constitutional muster, we reverse the judgment without needlessly demarcating the reach of the Second Amendment.
Under its permitting scheme, Maryland obliges "[a] person [to] have a permit issued
See id. § 4-203(b)(1), (3)-(5), (7)-(9). Where a permit is mandated, a permitless person risks criminal penalties by "wear[ing], carry[ing], or transport[ing] a handgun, whether concealed or open, on or about the person" or "in a vehicle." Id. § 4-203(a)(1)(i)-(ii). Those penalties begin with imprisonment for a term of thirty days to three years, or a fine of $250 to $2500, or both. Id. § 4-203(c)(2)(i).
Handgun permits are issued by the Secretary of the Maryland State Police or the Secretary's designee. See Md.Code Ann., Pub. Safety § 5-301(d)-(e). The Secretary must issue a permit upon making enumerated findings, including that the applicant is an adult without a disqualifying criminal record, alcohol or drug addiction, or propensity for violence. Id. § 5-306(a)(1)-(5)(i). Pursuant to the good-and-substantial-reason requirement, permit eligibility also necessitates the Secretary's finding, following an investigation, that the applicant
Id. § 5-306(a)(5)(ii). The Secretary has assigned permitting responsibility to the Handgun Permit Unit, which determines, inter alia, whether the applicant's reasons for seeking a permit "are good and substantial," whether "the applicant has any alternative available to him for protection other than a handgun permit," and whether "the permit is necessary as a reasonable precaution for the applicant against apprehended danger." See Md.Code Regs. 29.03.02.04(G), (L), (O).
The Handgun Permit Unit has identified "four primary categories" under which an applicant may demonstrate "good and substantial reason" to obtain a handgun permit:
The Handgun Permit Unit is guided by precedent of the Court of Special Appeals of Maryland, recognizing that "`whether there is "apprehended danger" to the applicant'" is an objective inquiry, and that apprehended danger cannot be established by, inter alia, a "`vague threat'" or a general fear of "liv[ing] in a dangerous society." Scherr v. Handgun Permit Review Bd., 163 Md.App. 417, 880 A.2d 1137, 1148 (2005) (quoting Snowden v. Handgun Permit Review Bd., 45 Md.App. 464, 413 A.2d 295, 298 (1980)). That same precedent, as the Permit Unit interprets it, "caution[s] the Unit against relying exclusively on apprehended threats." J.A. 60 (explaining that "failure to meet [the apprehended threat] criterion is not dispositive"). So, the Permit Unit examines such factors as
Id. The Permit Unit treats those factors as nonexhaustive, however, and "takes the applicant's entire situation into account when considering whether a `good and substantial reason' exists." Id.
An initial handgun permit "expires on the last day of the holder's birth month following 2 years after the date the permit is issued," and "may be renewed for successive periods of 3 years each if, at the time of an application for renewal, the applicant possesses the qualifications for the issuance of a permit." Md.Code Ann., Pub. Safety § 5-309(a)-(b). An applicant denied a permit may request informal review by the Secretary or immediately appeal to the Handgun Permit Review Board appointed by the Governor. Id. §§ 5-301(b), 5-302(b), 5-311, 5-312. In the event the appeal is denied by the Permit Review Board, an applicant may seek further review in the Maryland state courts. Id. § 5-312(e).
On July 29, 2010, Raymond Woollard and the Second Amendment Foundation, Inc. (together, the "Appellees"), initiated this action in the District of Maryland pursuant to 42 U.S.C. § 1983, asserting, inter alia, that Maryland's good-and-substantial-reason requirement for obtaining a handgun permit contravenes the Second Amendment. The Appellees' Complaint, as well as their subsequent Amended Complaint of January 19, 2011, named the Secretary as a defendant, together with three members of the Handgun Permit Review Board (collectively, the "State").
Id. at 465. Abbott, the son-in-law, received a sentence of probation for the Christmas Eve 2002 incident, but was subsequently incarcerated for probation violations. Id. Woollard's 2006 permit renewal came shortly after Abbott was released from prison. Id. In 2009, however, the Secretary (via the Handgun Permit Unit) and the Handgun Permit Review Board refused Woollard a second renewal because he failed to satisfy the good-and-substantial-reason requirement. Id. at 465-66.
The Handgun Permit Review Board's decision of November 12, 2009, reflected that Woollard proffered solely the Christmas Eve 2002 incident in support of his request for a second renewal — i.e., as evidence that such a renewal was necessary as a reasonable precaution against apprehended danger — though he acknowledged that he had "not had any contact with his son-in-law [in the seven years since the 2002 incident]." J.A. 15. The decision also observed that, despite being advised that such proof was required in the circumstances of his renewal application, Woollard did not "submit documented threats or incidents that had occurred in the last three years," nor did he provide "documentation to verify threats occurring beyond his residence, where he can already legally carry a handgun." Id. Accordingly, the Permit Review Board concluded that Woollard had "not demonstrated a good and substantial reason to wear, carry, or transport a handgun as a reasonable precaution against apprehended danger," and upheld the Permit Unit's denial of a second permit renewal. Id. at 16. Instead of employing the state court appeal process provided by Maryland law, Woollard elected to join with Appellee Second Amendment Foundation in this federal action, challenging the constitutionality of the good-and-substantial-reason requirement and asserting jurisdiction under 28 U.S.C. §§ 1331 and 1343.
Notably, the district court gave considerable attention to our Masciandaro decision. There, Masciandaro challenged his conviction of carrying or possessing a loaded handgun in a motor vehicle within a national park area, in contravention of since-superseded 36 C.F.R. § 2.4(b), on the ground that the Second Amendment, as construed in Heller, "guaranteed to him the right to possess and carry weapons in case of confrontation and thus protected him from prosecution under § 2.4(b) for exercising that right in a national park area." Masciandaro, 638 F.3d at 465. Judge Niemeyer, writing only for himself, posited that "there is a plausible reading of Heller that the Second Amendment provides [a right to possess a loaded handgun for self-defense outside the home], at least in some form." Id. at 467 (Niemeyer, J., writing separately on this Part III.B). Judge Wilkinson wrote for the majority of the three-judge panel, however, that it was "unnecessary to explore in [Masciandaro's] case the question of whether and to what extent the Second Amendment right recognized in Heller applies outside the home" — rendering it the prudent and respectful course "to await direction from the [Supreme] Court itself." Id. at 474, 475 (Wilkinson, J., writing for the Court as to Part III.B). That was so because the panel members unanimously agreed, by Judge Niemeyer's opinion for the Court, that even assuming the Heller right extended beyond the home, § 2.4(b) "pass[ed] constitutional muster under the [applicable] standard": intermediate scrutiny. Id. at 473.
In the present case, although the district court acknowledged "Judge Wilkinson's admonition that one should venture into the unmapped reaches of Second Amendment jurisprudence `only upon necessity and only then by small degree,'" the court deemed itself obliged "to determine whether Maryland's broad restriction on handgun possession outside the home burdens any Second Amendment right at all." Woollard, 863 F.Supp.2d at 469 (quoting Masciandaro, 638 F.3d at 475 (Wilkinson, J., writing for the Court as to Part III.B)). Guided by Judge Niemeyer's separate opinion in Masciandaro, as well as so-called "signposts" left by Heller and other recent precedent, the district court concluded that the individual right to possess and carry weapons for self-defense is not limited to the home. See id. at 469-71. Purporting to apply intermediate scrutiny, the court then recognized that the goodand-substantial-reason requirement is undergirded
The district court thus awarded summary judgment to the Appellees, see Woollard v. Sheridan, 863 F.Supp.2d 462 (D.Md.2012), ECF No. 53, and permanently enjoined enforcement of the good-and-substantial-reason requirement, see Woollard v. Brown, No. 1:10-cv-02068 (D.Md. Mar. 30, 2012), ECF No. 63. After the State noted this appeal, the district court dissolved a preliminary stay of its judgment and denied the State's request for a stay pending appeal. See Woollard v. Brown, No. 1:10-cv-02068 (D.Md. July 23, 2012), ECF No. 72. Nevertheless, on August 1, 2012, we entered our own stay pending appeal and expedited the appellate proceedings, over which we possess jurisdiction pursuant to 28 U.S.C. § 1291.
We review de novo a district court's award of summary judgment, viewing the facts and inferences reasonably drawn therefrom in the light most favorable to the nonmoving party. See FOP Lodge No. 89 v. Prince George's Cnty., 608 F.3d 183, 188 (4th Cir.2010). Summary judgment is appropriate only if the record shows "that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a).
Consistently with the summary judgment standard, our review of a decision granting an injunction is de novo where the contested issue is a question of law. See Bacon v. City of Richmond, 475 F.3d 633, 638 (4th Cir.2007). That is, although "decisions pertaining to injunctive relief normally are reviewed solely for abuse of discretion in applying the injunction standard, we review such a decision de novo where it rests solely on a premise as to the applicable rule of law, and the facts
In the familiar words of the Second Amendment, "[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." U.S. Const. amend. II. We now know, in the wake of the Supreme Court's decision in District of Columbia v. Heller, that the Second Amendment guarantees the right of individuals to keep and bear arms for the purpose of self-defense. See 554 U.S. 570, 592, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). Heller, however, was principally concerned with the "core protection" of the Second Amendment: "the right of law-abiding, responsible citizens to use arms in defense of hearth and home." Id. at 634-35, 128 S.Ct. 2783. The Heller Court concluded that the District of Columbia's outright ban on the possession of an operable handgun in the home — proscribing "the most preferred firearm in the nation to keep and use for protection of one's home and family" — would fail to pass muster "[u]nder any of the standards of scrutiny that we have applied to enumerated constitutional rights." Id. at 628-29, 128 S.Ct. 2783 (internal quotation marks omitted). Otherwise, the Court recognized that "the right secured by the Second Amendment is not unlimited" and listed examples of "presumptively lawful regulatory measures," but declined to "clarify the entire field" of Second Amendment jurisprudence. See id. at 626-27 & n. 26, 635, 128 S.Ct. 2783.
Two years after issuing its Heller decision, in McDonald v. City of Chicago, ___ U.S. ___, 130 S.Ct. 3020, 177 L.Ed.2d 894 (2010), the Supreme Court considered the constitutionality of municipal bans in Chicago and one of its suburbs on the possession of handguns in the home. On account of the similarities between those bans and the District of Columbia prohibition struck down in Heller, the McDonald defendants were left to "argue that their laws are constitutional because the Second Amendment has no application to the States." See McDonald, 130 S.Ct. at 3026. The Court recognized, however, that "the Second Amendment right is fully applicable to the States," and reiterated Heller's holding "that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense." Id. at 3026, 3050. Accordingly, "a considerable degree of uncertainty remains as to the scope of [the Heller] right beyond the home and the standards for determining whether and how the right can be burdened by governmental regulation." United States v. Masciandaro, 638 F.3d 458, 467 (4th Cir.2011); see also Kachalsky v. County of Westchester, 701 F.3d 81, 89 (2d Cir.2012) ("What we know from [Heller and McDonald] is that Second Amendment guarantees are at their zenith within the home. What we do not know is the scope of that right beyond the home and the standards for determining when and how the right can be regulated by a government." (citation omitted)).
Like several of our sister circuits, we have found that "a two-part approach to Second Amendment claims seems appropriate under Heller." See United States v. Chester, 628 F.3d 673, 680 (4th Cir.2010) (citing United States v. Marzzarella, 614 F.3d 85, 89 (3d Cir.2010)); see also Nat'l Rifle Ass'n of Am., Inc. v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 700 F.3d 185, 194 (5th Cir.2012); United States v. Greeno, 679 F.3d 510, 518 (6th Cir.2012); Heller v. District of Columbia,
628 F.3d at 680 (citations and internal quotation marks omitted).
As we have recognized, however, we are not obliged to impart a definitive ruling at the first step of the Chester inquiry. And indeed, we and other courts of appeals have sometimes deemed it prudent to instead resolve post-Heller challenges to firearm prohibitions at the second step — including where the challenge focuses on an outside-the-home prohibition. Masciandaro is just one example of such an incidence. See also, e.g., Nat'l Rifle Ass'n of Am., 700 F.3d at 204 ("Although we are inclined to uphold the challenged federal laws [banning the sale of firearms to persons under the age of twenty-one] at step one of our analytical framework, in an abundance of caution, we proceed to step two. We ultimately conclude that the challenged federal laws pass constitutional muster even if they implicate the Second Amendment guarantee."); United States v. Mahin, 668 F.3d 119, 123-24 (4th Cir.2012) (declining Mahin's invitation to "recognize that Second Amendment protections apply outside the home and extend to persons subject to domestic protective orders," because we could assume Mahin "engaged in activity which implicates the Second Amendment" and yet "uphold [his] conviction"). But cf. Kachalsky, 701 F.3d at 89 ("Although the Supreme Court's cases applying the Second Amendment have arisen only in connection with prohibitions on the possession of firearms in the home, the Court's analysis suggests[ ] ... that the Amendment must have some application in the very different context of the public possession of firearms. Our analysis proceeds on this assumption." (footnote omitted)).
In Masciandaro, we announced that intermediate scrutiny applies "to laws that burden [any] right to keep and bear arms outside of the home." See 638 F.3d at 470-71 (explaining that "we assume that any law that would burden the `fundamental,' core right of self-defense in the home by a law-abiding citizen would be subject to strict scrutiny. But, as we move outside the home, firearm rights have always been more limited, because public safety interests often outweigh individual interests in self-defense"); accord Kachalsky, 701 F.3d at 96 ("Because our tradition so clearly indicates a substantial role for state regulation of the carrying of firearms in public, we conclude that intermediate scrutiny is appropriate in this case."). As explained herein, the State has satisfied the intermediate scrutiny standard, in that it has demonstrated that the good-and-substantial-reason requirement for obtaining a Maryland handgun permit, as applied to Appellee Woollard, "is reasonably adapted to a substantial governmental interest." See Masciandaro, 638 F.3d at 471.
We begin with the issue of whether the governmental interest asserted by the State constitutes a "substantial" one. The State explains that, by enacting the handgun permitting scheme, including the good-and-substantial-reason requirement, the General Assembly endeavored to serve Maryland's concomitant interests in protecting public safety and preventing crime — particularly violent crime committed with handguns. Such purpose is reflected in codified legislative findings that
Md.Code Ann., Crim. Law § 4-202. The language of those findings, adopted in 2002, was derived without substantive change from former article 27, section 36B(a) of the Maryland Code, which dates back to 1972.
The General Assembly's findings are buttressed by more recent evidence proffered by the State in these proceedings.
In these circumstances, we can easily appreciate Maryland's impetus to enact measures aimed at protecting public safety and preventing crime, and we readily conclude that such objectives are substantial governmental interests. See, e.g., Schenck v. Pro-Choice Network of W. N.Y., 519 U.S. 357, 376, 117 S.Ct. 855, 137 L.Ed.2d 1 (1997) (referring to "the significant governmental interest in public safety"); United States v. Salerno, 481 U.S. 739, 750, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987) (characterizing "the Government's general interest in preventing crime" as "compelling"); United States v. Chapman, 666 F.3d 220, 227 (4th Cir.2012) (relying on Schenck and Salerno in holding "that reducing domestic gun violence is a substantial governmental objective"); Masciandaro, 638 F.3d at 473 (same in concluding that "the government has a substantial interest in providing for the safety of individuals who visit and make use of the national parks"). The district court itself recognized that, "[b]eyond peradventure, public safety and the prevention of crime are substantial, indeed compelling, government interests." Woollard, 863 F.Supp.2d at 473.
For their part, the Appellees concede that "a compelling government interest in public safety" generally exists, but they maintain "that no legitimate government interest is at stake" here, because the State "cannot have an interest in suppressing
Unfortunately for the Appellees, their argument is foreclosed by our precedent. First, in Chester, we rejected the proposition that we must "apply strict scrutiny whenever a law impinges upon a [fundamental] right." 628 F.3d at 682 (employing intermediate, rather than strict, scrutiny in Chester's Second Amendment challenge to ban on firearm possession by domestic violence misdemeanants). Then, ruling in Masciandaro that intermediate scrutiny applies to laws burdening the assumed right to carry firearms in public, we recognized a "longstanding out-of-the-home/in-the-home distinction bear[ing] directly on the level of scrutiny applicable." 638 F.3d at 470. The Appellees therefore do not dissuade us from applying intermediate scrutiny, or from concluding that Maryland's interests in protecting public safety and preventing crime satisfy the "significant governmental interest" aspect of the intermediate scrutiny standard.
We thus turn to the question of whether the good-and-substantial-reason requirement, as applied to Appellee Woollard, is "reasonably adapted" to Maryland's significant interests. That is, we must decide if the State has demonstrated that there is a "reasonable fit" between the good-and-substantial-reason requirement and the governmental objectives of protecting public safety and preventing crime. See Chester, 628 F.3d at 683. Importantly, the State must show a fit that is "`reasonable, not perfect.'" United States v. Carter, 669 F.3d 411, 417 (4th Cir.2012) (quoting Marzzarella, 614 F.3d at 98). That test is satisfied if Maryland's interests are "substantially served by enforcement of the" good-and-substantial-reason requirement. See id. There is no necessity either
At the outset of our reasonable fit inquiry, we must consider the precise contours of Maryland's handgun permitting scheme. See Chapman, 666 F.3d at 227 (citing United States v. Staten, 666 F.3d 154, 162 (4th Cir.2011)). Under that scheme, even without a permit, Woollard may wear, carry, and transport handguns not only in his own home and on his personal and business properties, but also in many public places. See Md.Code Ann., Crim. Law § 4-203(b). For example, Woollard may move handguns to and from bona fide repair shops and places of legal purchase and sale. Id. § 4-203(b)(3). Woollard may also wear, carry, and transport handguns if he engages in target shoots and practices, sport shooting events, hunting and trapping, specified firearms and hunter safety classes, and gun exhibitions. Id. § 4-203(b)(4)-(5).
Nevertheless, absent "good and substantial reason" to do so, Woollard cannot carry handguns in other public places where a permit is mandated. See Md.Code Ann., Pub. Safety § 5-306(a)(5)(ii). Woollard could satisfy the good-and-substantial-reason requirement by showing that he needs a permit for business activities, or because he is engaged in a regulated profession such as security guard or an assumed-risk profession such as correctional officer. See J.A. 57-58. Otherwise, Woollard could prove what he failed to substantiate in 2009: that a "permit is necessary as a reasonable precaution against apprehended danger." Md.Code Ann., Pub. Safety § 5-306(a)(5)(ii).
The State has clearly demonstrated that the good-and-substantial-reason requirement advances the objectives of protecting public safety and preventing crime because it reduces the number of handguns carried in public. That is, limiting the public carrying of handguns protects citizens and inhibits crime by, inter alia:
At the same time that it reduces the number of handguns carried in public, however, the good-and-substantial-reason requirement ensures that those persons in palpable need of self-protection can arm themselves in public places where Maryland's various permit exceptions do not apply. Consequently, according to the State, the good-and-substantial-reason requirement "strikes a proper balance between ensuring access to handgun permits for those who need them while preventing a greater-than-necessary proliferation of handguns in public places that ... increases risks to public safety." J.A. 113.
We are convinced by the State's evidence that there is a reasonable fit between the good-and-substantial-reason requirement and Maryland's objectives of protecting public safety and preventing crime. In this regard, we find ourselves in agreement with much of the Second Circuit's
The good-and-substantial-reason requirement was inappropriately condemned by the district court for being a "rationing system," that "does no more to combat [threats to public safety] than would a law indiscriminately limiting the issuance of a permit to every tenth applicant." See Woollard, 863 F.Supp.2d at 474. The court pointed out, inter alia, that the good-and-substantial-reason requirement "will not prevent those who meet it from having their guns taken from them." Id. The Appellees have added that, because "[c]rime is largely random and unpredictable," the State is "plainly incapable of predicting who might be victimized and thus have more practical use for firearms." Br. of Appellees 68. Additionally, the Appellees have suggested that a "shall-issue" regime, increasing the number of law-abiding handgun carriers, would more effectively protect public safety and prevent crime than does Maryland's current permitting scheme. See id. at 63. But we cannot substitute those views for the considered judgment of the General Assembly that the good-and-substantial-reason requirement strikes an appropriate balance between granting handgun permits to those persons known to be in need of selfprotection and precluding a dangerous proliferation of handguns on the streets of Maryland. See Kachalsky, 701 F.3d at 100 ("New York determined that limiting handgun possession to persons who have an articulable basis for believing they will need the weapon for self-defense is in the best interest of public safety and outweighs the need to have a handgun for an unexpected confrontation.").
As the Second Circuit recognized in Kachalsky, "[i]t is the legislature's job, not ours, to weigh conflicting evidence and make policy judgments." 701 F.3d at 99. The duty of the courts is to ensure that the legislature's policy choice substantially serves a significant governmental interest. That is, the courts must be satisfied that there is a reasonable fit between the legislative policy choice and the governmental
Thus, the district court was also wrong to denounce the good-and-substantial-reason requirement's failure to single-handedly safeguard the public from every handgun-related hazard. The court expressly faulted the good-and-substantial-reason requirement for not "ensuring that guns are kept out of the hands of those adjudged most likely to misuse them, such as criminals[,] the mentally ill," or "anyone whose conduct indicates that he or she is potentially a danger to the public if entrusted with a handgun"; for not "ban[ning] handguns from places where the possibility of mayhem is most acute, such as schools, churches, government buildings, protest gatherings, or establishments that serve alcohol"; and for not "attempt[ing] to reduce accidents, as would a requirement that all permit applicants complete a safety course." See Woollard, 863 F.Supp.2d at 474 (internal quotation marks omitted). Aside from disregarding the existence of other laws with many of those very aims — including separate provisions of Maryland's handgun permitting scheme — the court improperly conducted a review more reminiscent of strict scrutiny than intermediate scrutiny.
The district court's misapplication of the intermediate scrutiny standard is illustrated by its pronouncement that "[a] citizen may not be required to offer a `good and substantial reason' why he should be permitted to exercise his rights," in that "[t]he right's existence is all the reason he needs." Woollard, 863 F.Supp.2d at 475. There simply is no way to harmonize the district court's declaration with our recognition in Masciandaro that intermediate scrutiny applies to laws burdening any right to carry firearms outside the home, where "firearm rights have always been more limited, because public safety interests often outweigh individual interests in self-defense." See 638 F.3d at 470; see also Kachalsky, 701 F.3d at 99 n. 23 (rejecting the notion that "handgun possession in public has the ring of an absolute constitutional right," and deeming it "quite obvious" that "possession of a weapon in the home has far different implications than carrying a concealed weapon in public"); Br. of Appellants 43 ("The same factors that make handguns the weapon of choice for defense of the home also make them the weapon of choice for criminals outside the home.... Similarly, an individual's possession of a handgun in his own home obviously does not present the same risks to public safety as does his carry of the same handgun in public.").
In summary, although we assume that Appellee Woollard's Second Amendment right is burdened by the good-and-substantial-reason requirement, we further conclude that such burden is constitutionally permissible. That is, under the applicable intermediate scrutiny standard, the State has demonstrated that the good-and-substantial-reason requirement is reasonably adapted to Maryland's significant interests in protecting public safety and preventing crime.
Because we conclude that the good-and-substantial-reason requirement is constitutional under the Second Amendment as applied to Appellee Woollard, we also must reject the Appellees' facial challenge. See Masciandaro, 638 F.3d at 474. As the Supreme Court has explained, "a person to whom a statute may constitutionally be applied will not be heard to challenge that statute on the ground that it may conceivably be applied unconstitutionally to others, in other situations not before the Court." Broadrick v. Oklahoma, 413 U.S. 601, 610, 93 S.Ct. 2908, 37
Pursuant to the foregoing, we reverse the judgment of the district court.
Of course, in addition to the district court herein, a handful of courts — most prominently the Seventh Circuit — have declared outright that the Heller right extends beyond the home. See Moore v. Madigan, 702 F.3d 933, 942 (7th Cir.2012) ("The Supreme Court has decided that the amendment confers a right to bear arms for self-defense, which is as important outside the home as inside."); see also, e.g., Bateman v. Perdue, 881 F.Supp.2d 709, 714 (E.D.N.C.2012) ("Although considerable uncertainty exists regarding the scope of the Second Amendment right to keep and bear arms, it undoubtedly is not limited to the confines of the home."); United States v. Weaver, No. 2:09-cr-00222, 2012 WL 727488, at *4 (S.D.W.Va. Mar. 6, 2012) ("While it is true that the Fourth Circuit has so far stopped short of expressly recognizing a Second Amendment right to keep and bear arms outside the home, this Court has no such hesitation." (footnote omitted)).
Other courts have ruled to the contrary, concluding that the Heller right is confined to the home. Notably, Maryland's highest court falls within the latter category. See Williams v. State, 417 Md. 479, 10 A.3d 1167, 1169 (2011) ("hold[ing] that Section 4-203(a)(1)(i) of the Criminal Law Article [of the Maryland Code], which prohibits wearing, carrying, or transporting a handgun, without a permit and outside of one's home, is outside the scope of the Second Amendment"). On a related note, the Tenth Circuit recently held "that the carrying of concealed firearms is not protected by the Second Amendment." Peterson v. Martinez, 707 F.3d 1197, 1201 (10th Cir.2013).