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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

Shooting Ranges and Dealers Are Critical Infrastructure and May Remain Open!

Gun Ranges and and Federal Firearms Licensees may remain open!

Governor Hogan's latest order (dated March 30, 2020) states:

This Order controls the occupancy and use of all businesses, organizations, establishments, and facilities that are not part of the critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (currently described at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19) (collectively, “Non-Essential Businesses”).

That cross reference to the DHS website is controlling as to the scope of the Governor's definition of "non-essential businesses."  Stated differently, the order expressly does NOT apply to businesses that are part of the "critical infrastructure sectors," as defined by DHS.  That cross reference thus requires reference to the DHS site in order to determine what is a "critical infrastructure" business. 

At that DHS website is the Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0 (March 28, 2020), available at https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the_Essential_Critical_Infrastructure_Workforce_Version_2.0_Updated.pdf.  That document sets out the "identified essential critical infrastructure workers," which includes:  "Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges."  Those businesses may remain open, including "firearm or ammunition . . . retailers" and "shooting ranges." 

We endorse the Governor's recommendations for safe practices while at these facilities.  See https://coronavirus.maryland.gov/.  If you have any questions on the scope of the Governor's orders, you should consult your lawyer.  The Governor's orders have the force of law and a violation of the orders is a criminal misdemeanor.  See MD Code, Public Safety, § 14-114.

Link to Governor Hogan's Fourth Executive Order

Link to the latest guidance from the Department of Homeland Security

Maryland Shall Issue has joined the AGC!

As of March 19th, 2020, the AGC is currently closed due to Governor Hogan's Executive Orders in efforts to mitigate COVID-19. You can find those orders here: https://governor.maryland.gov/wp-content/uploads/2020/03/Amending-Gatherings.pdf

 


MSI is now an AGC club!


Maryland Shall Issue, inc. is proud to announce that it has formally joined the Associated Gun Clubs of Baltimore (AGC) as an Associated Club. Therefore, anyone who is a current member of MSI in good standing is eligible to purchase an AGC range badge upon completion of a range safety orientation. This is an important benefit for members as the AGC range is one of the finest shooting facilities on the East Coast. 

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Contact Info

Headquarters:

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

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