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  • Victory in the 9th Circuit!

Victory in the 9th Circuit!

In a huge decision authored by Judge O'Scannlain, a split panel of the Court of Appeals for the Ninth Circuit has ruled that Hawaii's ban on open carry outside the home in that state violates the Second Amendment under any level of scrutiny. The decision, Young v. Hawaii, can be found here. The decision is very scholarly, carefully reasoned and a powerful statement that the Second Amendment is not a "second-class" right or a constitutional "orphan."

The Young court expressly agreed with the D.C. Circuit's holding in Wrenn that the Second Amendment applies outside the home no less than it applies inside the home. The opinion also held that every law-abiding citizen enjoys this right of self-defense outside the home, not merely those who can show a special need. As the court stated, "[a]n individual right that does not apply to the ordinary citizen would be a contradiction in terms; its existence instead would wax and wane with the whims of the ruling majority." While the court did not directly purport to go into conflict with the Woollard case, which sustained the "good and substantial reason" requirement for carry permits imposed by Maryland law, the court's reasoning that that the Second Amendment applies to every law-abiding citizen directly contradicts the entire premise on which Maryland law ls based.

The court also ruled that the Hawaii statute that technically allowed for concealed carry with a permit was not an adequate substitute because counsel for Hawaii admitted in open court that Hawaii never grants such permits. The court thus concluded that Hawaii has effectively and completely banned carry outside the home and that such a ban was categorically unconstitutional. This is very big ruling, akin to the Seventh Circuit's decision in Moore v. Madigan that Illinois could not ban public carry. It remains to be seen whether Hawaii will seek en banc review by the 9th Circuit or, failing that, Supreme Court review. The decision certainly sharpens the split in the circuits. The court's analysis is a wonderful contribution to this area of law that is sure to influence future cases. We will bring you updates as they occur.

What does this mean for Maryland? Directly, not much, as Maryland sits in the Fourth Circuit which has already sustained Maryland's "good and substantial reason" against a facial challenge in Woollard. However, Woollard has been directly challenged in a pending district court case which was filed specifically to seek to have Woollard overturned by the Supreme Court. That case is still pending. The powerful opinion in Young will help formulating the arguments to present to the Supreme Court in that case as well as cases pending elsewhere, any one of which might land in the Supreme Court. These cases seek to take advantage of the split in the circuits created by the D.C. Circuit's decision in Wrenn, where the court struck down as unconstitutional DC's "good reason" requirement for carry permits. The wheels of the law grind slowly.


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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