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  • (Updated) Grace and Wrenn Decision Win!

(Updated) Grace and Wrenn Decision Win!

Today, the D.C. Circuit released its long-awaited decision in Wrenn v. D.C and Grace v. DC.

These cases were consolidated on appeal for purposes of appeal and argument.  In those cases, the plaintiffs had challenged the DC statute that required the applicant to show that they had a "Good Reason" for a carry permit, defined as a reason that was special to the applicant. The full decision can be found here.  Here is the last sentence in the majority opinion:

"We vacate both orders below and remand with instructions to enter permanent injunctions against enforcement of the District's good-reason law." 

This is, of course, a huge win. The D.C. "Good Reason" statute is analytically indistinguishable from Maryland's "Good and Substantial Reason" statute.  If this opinion survives D.C.'s inevitable petition for rehearing en banc, it would create an inter-circuit split with the Fourth Circuit's Woollard decision sustaining Maryland's law.   That split substantially enhances the possibility of Supreme Court review (if DC seeks it).  A favorable Supreme Court decision would effectively overrule Woollard.  Stay tuned!

Mark W. Pennak, President, MSI

PS:  The DC Circuit also issued its standard stay order with the opinion.  That order stays the court's "mandate" until seven days after disposition of any timely petition for rehearing

or petition for rehearing en banc.  The court issues that sort of stay with all its decisions, so it is not unique to this case.  A stay of mandate means that nothing in DC has changed for now.

 

Update (August 27, 2017):

As expected, the District of Columbia filed a petition for rehearing en banc with the D.C. Circuit, seeking en banc reconsideration of the panel's landmark decision invalidating DC's "good reason" requirement for a carry permit.  You can find their rehearing petition here.   A response will be ordered by the court if any judge requests it and such an order is likely in this case.  Stay tuned.

 


Latest News

Maryland State Police Lifts Permit Restrictions for Business Owners

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.

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MSI Challenges "Good and Substantial Reason" in New Lawsuit



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.

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Contact Info

Headquarters:

Maryland Shall Issue®, Inc.
1332 Cape St. Claire Rd #342
Annapolis, MD 21409

Phone:  410-849-9197
Email: 
Web:   www.marylandshallissue.org