SAF Submits Appellants’ Brief to MD Supreme Court in ‘Red Flag’ Challenge

Attorneys representing the Second Amendment Foundation (SAF) and Maryland resident Donald S. Willey have submitted an appellants’ brief to the Maryland Supreme Court in their federal challenge of that state’s so-called “red flag” law. The case is known as Willey v. Brown and was filed in U.S. District Court for the District of Maryland in August 2023.
Mr. Willey, a 64-year-old Marine Corps veteran, has been battling officials in Maryland’s Dorchester County over alleged di minimis nuisance and zoning infractions. Ultimately, Willey became the subject of an Extreme Risk Protective Order (“ERPO”) to have his firearms and ammunition confiscated, for allegedly making threats, which Willey steadfastly denied. Willey was forced to endure a humiliating involuntary mental health evaluation. The federal lawsuit alleges Willey’s constitutional rights were violated for nearly two weeks, after which his firearms were returned.
SAF and Mr. Willey are represented by attorneys Mark W. Pennak at Maryland Shall Issue in Baltimore, and by Edward A. Paltzik, Serge Krimnus and Meredith Lloyd at Bochner PLLC in New York.
While the federal case remains active, it hinges on the interpretation of Maryland state law, so the federal district court certified two questions of law for the Maryland Supreme Court to answer. Once the Maryland courts interpret/define “reasonable grounds” as used in the state’s ERPO law, the federal lawsuit will resume. Those questions are: Read more









