By: José Niño
The Second Amendment Foundation and a member of the organization, Donald S. Willey, a veteran of the Marine Corps, have submitted a federal lawsuit challenging the state of Maryland’s “red flag” gun confiscation order enacted by the Maryland government five years ago.
The plaintiffs filed the lawsuit in the United States District Court for the District of Maryland, Northern Division. The defendants in this case include Maryland Attorney General Anthony G. Brown, Dorchester County, Dorchester County Planning and Zoning Director Susan E. Webb, and Dorchester County Sheriff James W. Phillips.
Attorneys Edward Andrew Paltzik and Serge Krimnus of the Bochner PLLC law firm based in New York City are legally representing SAF and Willey.
Per the federal lawsuits, for nearly two decades public functionaries in Dorchester County have “relentlessly pursued Willey for de minimis nuisance and zoning infractions.” Over two years ago, Webb doubled down the harassment of Willey by alleging that he ran an illegal business on his property, leaving his yard in a dilapidated state, and for an “unpermitted disturbance to a 100-foot tidewater buffer.” These complaints were eventually pulled back.
However, things escalated earlier in 2023. In that instance, one of Webb’s inspectors visited Willey’s property to carry out a compliance inspection, which resulted in Webb issuing new notices for Willey to implement new improvements. A few days later, Webb and one of her inspectors entered Willey’s property without giving advance notice. In that instance, Webb allegedly got in a verbal confrontation with Willey prior to “violently” slapping Notices of Violation onto a fiberglass cover on his boat, which ended up damaging the boat cover.
Webb then filed for a red flag gun confiscation order to have law enforcement confiscate Willey’s firearms and ammunition, citing alleged threats, which Willey has vehemently denied. The complaint alleges that Webb committed perjury that resulted in the confiscation of Willey’s firearms and ammunition compelling Willey to be subjected to a humiliating compulsory mental health evaluation. The lawsuit claims that Willey’s constitutional rights were infringed on for about two weeks. Afterwards, he was able to get his firearms back.
“This is the sort of nonsense we have repeatedly warned about,” declared SAF founder and Executive Vice President Alan M. Gottlieb. “These so-called ‘red flag laws’ can be abused and weaponized against private citizens who have done nothing wrong. It is an outrage.”
In a similar vein, SAF Executive Director Adam Kraut declared, “Red flag laws are based on the inherently Orwellian belief that you can take actions against someone for an alleged crime that hasn’t occurred. Such laws authorize seizure and punishment for a crime nobody committed but which could occur at some place and time in the future. This may work in a science fiction movie, but should not be allowed in real life.”
Let’s hope that Willey receives justice in this case. Red flag laws are a major affront to gun and due process rights. Sadly, such laws aren’t going to be repealed by conventional legislative means in the state legislature. Instead, litigation at the federal level will be the most pragmatic course of action for gun owners in rabidly anti-gun blue states to have their rights restored.
José Niño is a freelance writer based in Austin, Texas. Contact him via Facebook, Twitter, or email him at [email protected]. Get his e-book, The 10 Myths of Gun Control, here. Subscribe to his Substack newsletter here.