The second letter sent from Delegate Dwyer to the Attorney General can be found here for reference.

August 11, 2010

KATHERINE WINFREE Chief Deputy Attorney General

JOHN B. HOWARD, JR. Deputy Attorney General

The Honorable Don H. Dwyer, Jr. Room 154 Lowe House Office Building Annapolis, Maryland 21401

Dear Delegate Dwyer:

We have received your letter dated August 3, 2010, in which you request further advice concerning the recent Supreme Court decision construing the Second Amendment to the United States Constitution – McDonald v. City of Chicago, 2010 WL 2555188 (2010). In particular, you ask about the constitutionality of the statutory conditions for a permit to carry a handgun that are set forth in Annotated Code of Maryland, Public Safety Article, ยง5- 306(a)(5).

A law suit has recently been filed against the State challenging the constitutionality of that statute. Wool/and v. Sheridan, Case No.1: 1 O-CV -02068-JFM (D. Md.). Consistent with our obligations to defend enactments of the General Assembly, the Office of the Attorney General is defending the constitutionality of the statute in that litigation. See State v. Burning Tree Club, Inc., 301 Md. 9, 37 (1984). It has been the longstanding policy of the Attorney General’s Office not to issue a formal opinion on a matter that is currently in litigation. We will be happy to advise you of the outcome of the case when it is resolved.

Very truly yours,

Robert N. McDonald

Chief Counsel Opinions and Advice