The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Gun Stores Have Standing to Raise Their Customers' Second Amendment Rights

in challenge to Maryland's handgun license requirement.

|The Volokh Conspiracy |


So the Fourth Circuit held today inĀ Maryland Shall Issue v. Hogan, in an opinion written by Judge Steven Agee and joined by Judges Barbara Keenan and Julius Richardson. The court cited Supreme Court cases that allowed alcohol stores to assert their prospective customers' Equal Protection Clause rights in challenging sex-discriminatory drinking ages, and contraceptive sellers to assert their prospective customers' substantive due process rights. The district court will now need to consider whether the Maryland law is consistent with the Second Amendment.