(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

The Dangers of Maryland's Carry Laws

On August 12, 2021, Maryland's highest court, the Court of Appeals, ruled that a violation of Md. Criminal Law § 4-203(a)(1)(i) is a strict liability crime. Put simply, if one has a handgun on or about them and is not authorized to do so, they are guilty of violating the law. The case is Lawrence v. State, 471 Md. 101 (2021).

Section 4-203 is the statute that broadly prohibits the wear, carry, or transport of handguns within the State. Specifically, § 4-203(a)(1)(i) states:

 (a)    (1)    Except as provided in subsection (b) of this section, a person may not:

            (i)    wear, carry, or transport a handgun, whether concealed or open, on or about the person;

There are a few exceptions to this ban (found in subsection (b) of Section 4-203), such as one having a Maryland Wear and Carry Permit, possession in the home or business (by the business owner), or when transporting an unloaded handgun (kept in an enclosed case or enclosed holster) between a gun shop and one's residence or from their residence to a gun range. But, outside these sharply limited exceptions set out in subsection (b), the passage above otherwise broadly criminalizes having a pistol on (or about) the person. 

Read more ...

MSI v. Montgomery County Update

On June 16, 2021, we filed an emergency motion for partial summary judgment on three of our counts against Montgomery County's enactment of Bill 4-21. The motion seeks to enjoin the County from enforcing their new illegal laws which will go into effect on July 16th without action from the Court. Find the motion HERE and the memorandum in support HERE. As we have stated previously, we will not sit idle while politicians make criminals of ordinary and law-abiding residents. You can learn more and find updates about this case at tinyurl.com/msivmoco.

Taking these challenges is not possible without your support! Consider becoming a member of MSI, donating, or wearing MSI apparel or picking up our accessories.

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Contact Info

Mailing Address:

Maryland Shall Issue®, Inc.
9613 Harford Rd
Ste C #1015
Baltimore, MD 21234-2150

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