On August 6, 2019, the Maryland State Police announced that they were changing their standard operating procedure with respect to restrictions placed on carry-permits issued to business owners. Under this new policy, business owners who otherwise establish a "good and substantial reason" for a carry permit will be issued such a permit without any restrictions. Previously, the permits issued to such owners were restricted to "while conducting business." A copy of this State Police announcement can be found HERE. Apparently, the Maryland State Police intends to take steps to apply this new policy to business owners who have appealed the prior restriction to the Handgun Permit Review Board or have appeals pending on this restriction before the Office of Administrative Hearings. We suggest that persons with such pending appeals contact the State Police Licensing Division concerning their status.
Whalen v Handgun Permit Review Board
In the continued fight to promote and defend the right of armed defense that belongs to every responsible, law-abiding Marylander, Maryland Shall Issue is representing MSI member, Holmes Whalen, in an appellate brief filed on July 22, 2019, with the Maryland Court of Special Appeals (Maryland's intermediate level appellate court). Mr. Whalen was arbitrarily denied a permit by the State Police and that denial was sustained by the Handgun Permit Review Board and by the Baltimore City Circuit Court.
The National Rifle Association, Maryland State Rifle and Pistol Association, and the National Shooting Sports Foundation have filed briefs in support of our challenge against the Handgun Qualification License. The case is currently progressing in the US Court of Appeals for the Fourth Circuit.
We are grateful for the well researched and written briefs!
You can read them at the links below:
On June 24th 2019, Maryland Shall Issue, Atlantic Guns, and the individual plaintiffs filed our opening brief to the United States Court of Appeals for the Fourth Circuit from the district court’s dismissal in our challenge of the Handgun Qualification License. The District Court held that none of the plaintiffs had standing to complain about the HQL. In doing so, the court ignored much of the evidence of record, impermissibly acted as a fact finder on summary judgment and committed numerous errors of law in order to reach the result it did. You can read the newly filed brief HERE.
The Sun, in its February 8, 2019 editorial, ably demonstrates once again that it does not grasp the complexity of gun law in Maryland in asserting that the Handgun Permit Review Board somehow has created a “loophole” in Maryland gun law by reversing the Maryland State Police 222 times on handgun wear and carry permits issued by the State Police.
Well, the Legislative Season is upon us. More on that below. But the really big news is that the Supreme Court has granted certiorari (agreed to decide) its first major Second Amendment case since McDonald v. Chicago was decided back in 2010.
Rarely have so many misguided arguments been contained in so few words as those contained in The Sun’s January 24, 2019 editorial, “Guns and the new Supreme Court.” It's hard to know where to begin. But let’s start with Baltimore and the assertion in the editorial that “Baltimore’s murder problem and its gun problem are essentially one in the same.” Rubbish.
Baltimore City kindly offers, "Give me your tired, your poor, your huddled masses yearning to breathe free."
- Litigation Updates
2. Medical Marijuana
3. Attorney General Frosh and the Maryland Defense Act
4. Southern Maryland Wear and Carry Permit Seminar Friday!
5. Lots of Gun Shows in November!
6. December Membership Meeting
YOUR ATTENTION AND ACTION ARE NEEDED IMMEDIATELY
In a huge decision authored by Judge O'Scannlain, a split panel of the Court of Appeals for the Ninth Circuit has ruled that Hawaii's ban on open carry outside the home in that state violates the Second Amendment under any level of scrutiny. The decision, Young v. Hawaii, can be found here. The decision is very scholarly, carefully reasoned and a powerful statement that the Second Amendment is not a "second-class" right or a constitutional "orphan."
Who Can Get a Maryland Carry Permit?
You have probably heard the MYTH that it is impossible to obtain a concealed carry permit in Maryland.
Many people qualify for a carry permit and don’t even know it!
Although the process can be difficult, we have helped many of our members obtain a carry permit.
This informational guide can start you down the path to carrying legally in Maryland.
And it is a *wonderful* choice. While serving as an attorney in the Department of Justice, I argued a number of cases before Judge Kavanaugh, winning most, losing a few. Win or lose, I found his demeanor and questions from the bench during an argument and his written opinions and dissents to be outstanding.
On June 11, 2018, MSI and four individuals filed a class action suit challenging SB 707, the Bump Stock Bill that was signed into law by Governor Hogan on April 24.
The Maryland State Police's Online Portal for HQL Applications and Handgun Instructors will be down from June 13th through June 15th
From the Maryland State Police:
Please be advised, the Maryland State Police Licensing Division's MyLicense system (https://emdsp.mdsp.org/egov/Login.aspx) will be down for important updates and scheduled maintenance beginning Wednesday, June 13, 2018 through Friday, June 15, 2018 and will be unavailable for those days.
Maryland Shall Issue (MSI) applauds the National Rifle Association’s (NRA) announcement of its support of a new challenge against the State of Maryland's unfair and discriminatory wear and carry permit system in federal district court. The case name is Malpasso v. Pallozzi, No. 18-1064 (D. MD). The Maryland State Rifle and Pistol Association, which is the NRA's Maryland state organization, is also a named plaintiff. The lawsuit candidly acknowledges that the relief sought "is contrary to Woollard v. Gallagher, 712 F.3d 865 (4th Cir. 2013), but alleges that the Fourth Circuit's decision in Woollard was "wrongly decided" for the "reasons explained in Wrenn v. District of Columbia, 864 F.3d 650 (D.C. Cir. 2017), and that the purpose of the suit is "to seek to have Woollard overturned." The suit is thus similar to complaints filed by the same counsel in New York (New York State Rifle and Pistol Association, Inc. v. Beach, No. 18-134 (N.D.N.Y.)), and in New Jersey (Rogers v. Grewal, No. 18-1544 (D.N.J.)) in which existing adverse Second Circuit and Third Circuit precedent is challenged in the same way. These suits all take advantage of the "circuit split" created by the D.C. Circuit's decision in Wrenn. The resolution of such circuit splits is often the reason that cases are reviewed in the Supreme Court.
With the recent changes in Maryland law concerning medical marijuana, see MD Code, Health - General, § 13-3304 et seq., and the push to legalize the use of marijuana in Maryland, a recurring issue is how such marijuana use would affect your Second Amendment rights. The short answer is that it may well act to abrogate those rights by (1) barring a FFL from selling a firearm to such a user and (2), by making such a user a prohibited person under federal law.
Today, the D.C. Circuit denied the District of Columbia's petition for rehearing and rehearing en banc in the Wrenn and Grace cases!
On September 6, 2017, Federal District Judge Garbis swept away the State's arguments and denied, in all important respects, the State's motion to dismiss. You can read the full decision here.