Supreme Court Denies MSI's Petition for Cert in Kolbe!

Well no surprise, Brian Frosh, as Maryland Attorney General, has opposed our Petition for Certiorari (definition) in Kolbe.  We are shocked (not really).  You can find that opposition here.

To summarize, the State argues that the Supreme Court should not hear the case because, supposedly, there is no conflict in the circuits on the constitutionality of a ban on modern rifles and standard capacity magazines.  Of course, the opposition largely ignores the conflicts in reasoning and approach pointed out in the petition, wrongly asserting, for example, that these doctrinal and analytical differences are "inconsequential" and "conjectural." The opposition also argues in one page that, in any event, the Fourth Circuit was correct in holding that the ban does not violate the Second Amendment as interpreted in Heller.  That treatment utterly fails to come to grips with our arguments on this point.  We filed a response to the State's opposition.  The Supreme Court denied certiorari on November 27.  We simply do not know why certiorari was denied, but that denial is not a decision on the merits or Supreme Court precedent on the issues presented. So the issue remains open at the Supreme Court level. 

Mark Pennak, MSI President


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. 

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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