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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.


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