Wear and Carry Permit lawsuit

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. 

 

It is well past due time that the State of Maryland join each of its immediate neighbors and an overwhelming majority of the country in observing that people have the natural and civil right to self-defense beyond their doorsteps. MSI will continue monitoring this suit as it develops and offers its full support to the challenger and the NRA. For details on the lawsuit please click here. For a copy of the complaint in the Maryland case, please click here.


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