Attorneys for the Second Amendment Foundation (SAF) and Maryland resident Donald S. Willey have filed an appellants’ brief with the Maryland Supreme Court, challenging the state’s “red flag” law. The case, Willey v. Brown, originated in U.S. District Court for the District of Maryland in August 2023.
Willey, a 64-year-old Marine Corps veteran, has been in conflict with officials in Dorchester County over nuisance and zoning violations. He became the subject of an Extreme Risk Protective Order (ERPO) after allegedly making threats, which Willey denies. The order led to the confiscation of his firearms and ammunition and forced him into an involuntary mental health evaluation. The lawsuit claims Willey’s constitutional rights were violated for nearly two weeks before his firearms were returned.
While the federal lawsuit is still pending, it depends on how Maryland law defines “reasonable grounds” in the state’s ERPO law. The U.S. District Court has asked the Maryland Supreme Court to interpret the term before the federal case continues. The court is being asked to clarify two legal questions: What legal standard does “reasonable grounds” imply in Maryland’s red flag law, and can an ERPO be issued based on a standard less than probable cause?
“This case is about how so-called ‘red flag laws’ can be weaponized against private citizens,” said SAF founder Alan M. Gottlieb. “We’re asking the Maryland high court to define the meaning of ‘reasonable grounds’ in the state ERPO statute to help make our case in federal court.”
SAF Executive Director Adam Kraut echoed the concerns about the law’s implications. “Red flag laws are based on the Orwellian belief that you can take actions against someone for an alleged crime that hasn’t occurred,” Kraut said. “The concept is absurd.”
The case will proceed in federal court once the Maryland Supreme Court issues its decision.
Willey and SAF are represented by attorneys Mark W. Pennak of Maryland Shall Issue, as well as Edward A. Paltzik, Serge Krimnus and Meredith Lloyd of Bochner PLLC in New York.
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