MSI Challenges "Good and Substantial Reason" in New Lawsuit

deniedpermit

Whalen v Handgun Permit Review Board
 

In the continued fight to promote and defend the right of armed defense that belongs to every responsible, law-abiding Marylander, Maryland Shall Issue is representing MSI member, Holmes Whalen, in an appellate brief filed on July 22, 2019, with the Maryland Court of Special Appeals (Maryland's intermediate level appellate court). Mr. Whalen was arbitrarily denied a permit by the State Police and that denial was sustained by the Handgun Permit Review Board and by the Baltimore City Circuit Court.

The appeal challenges the constitutionality of the "good and substantial reason" standard the state uses to deny Maryland citizens the ability to protect themselves in public. The appeal also asks the Court of Special Appeals to overrule its outdated precedent (Snowden and Scherr) on which the State Police and the Handgun Permit Review Board erroneously continue to rely. This case may establish important new precedent in Maryland by making clear the right of self-defense applies to all "the people" protected by the Second Amendment, not merely the tiny select few favored by the State Police. The State has 30 days to file a brief after which we have 20 days to file a Reply. The case is tentatively set for oral argument before the Court of Special Appeals in Annapolis in November.

Read the Brief HERE

Your generous support of MSI is what makes all this possible. Consider joining, renewing, or donating to MSI so that we can continue to support self defense and 2nd Amendment rights in Maryland.

Tags: 2nd Amandment, Maryland, carry permit, hprb, handgun, Police


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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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Maryland Shall Issue, Inc. et al v. Montgomery County, Maryland

 
On May 28, 2021, Maryland Shall Issue, Engage Armament, ICE Firearms & Defensive Training, and several residents of Montgomery County, Maryland, filed suit against the County, challenging its enactment of Bill 4-21. That Bill criminalizes the mere possession of privately made firearms without providing compensation and redefines the meaning of "place of public assembly" to encompass virtually the entirety of Montgomery County just in order to criminalize otherwise perfectly lawful firearms possession in the home and elsewhere. The suit seeks declaratory and injunctive relief and an award of damages, including punitive damages. 

You can read the complaint HERE.
Further filings can be found below.

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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