New Challenge to Maryland's Handgun Carry Ban

msilogo ladyjusticesm

Call v. Jones III     

    On behalf of our members, Maryland Shall Issue, Inc. is proud to announce that we’ve partnered with the Firearms Policy Coalition, the Second Amendment Foundation, and Citizens Committee for the Right to Keep and Bear Arms in bringing a new legal challenge to Maryland’s unconstitutional ‘wear and carry’ permit requirements.


     The "good and substantial reason" requirement for issuance of a permit imposed by Maryland law has long been used to effectively disqualify the vast majority of law-abiding Marylanders of their right to carry a handgun for the lawful purpose of self-defense. The time has come to end Maryland’s subjective and discriminatory law and regulations. The people of Maryland have a fundamental right to protect themselves in public.

Read the complaint
HERE
 
You can follow the case's progress HERE
 

RESULT

The United States Supreme Court issued its opinion in New York State Rifle and Pistol Association v. Bruen, 597 U.S. ___ (2022), that there exists a 2nd Amendment right to carry handguns in public for personal protection and that right is guaranteed through the 14th Amendment. New York's subjective "proper cause" requirement at issue in that case is analogous to Maryland's "good and substantial reason" requirement for issuance of a permit to carry a handgun in Maryland and was singled out as much in the opinion, therefore making it unenforceable. On July 5th and after consultation with the MD Office of the Attorney General, Governor Larry Hogan ordered the Maryland State Police to comply with the Court's opinion and to suspend enforcement of "good and substantial reason," effectively making Maryland a shall issue state for carry permits.

The individual plaintiffs in Call are eligible for permits, like any other law-abiding Marylander, leaving nothing else at issue in the case. Parties jointly agreed that the case is moot (meaning there's nothing to decide) and the case was remanded by the US Court of Appeals for the Fourth Circuit to the District Court to be dismissed. The District Court did so on September 8th, 2022, officially ending the case.

Marylanders are able to apply for carry permits without needing to demonstrate a special need.


Case Documents and History
US District Court for the District of Maryland Case# 1:20-cv-03304-DKC

11/13/20 - Complaint
12/7/20 - Defendants' Memorandum in Support of Motion to Dismiss
12/21/20 - Plaintiff's Memorandum in Opposition to Defendants' Motion to Dismiss
3/19/21 - Order Granting Defendants' Motion to Dismiss
3/26/21 - Notice of Appeal to US Court of Appeals for the Fourth Circuit

US Court of Appeals for the Fourth Circuit Case# 21-1334

5/7/21 - Joint Motion to Hold Appeal in Abeyance
5/7/21 - Order Granting Motion to Suspend Briefing
5/10/21 - Order Granting Motion to Hold in Abeyance
6/23/22 - New York State Rifle and Pistol Association v. Bruen is decided
6/24/22 - Briefing Order (Scheduling)
8/3/22 - Joint Motion to Vacate and Remand With Instructions to Dismiss as Moot
8/11/22 - Order Granting Motion to Vacate and Remand With Instructions to Dismiss as Moot
9/2/22 - Mandate Issued on Order Granting Motion to Vacate and Remand With Instruction to Dismiss as Moot

US District Court for the District of Maryland Case# 1:20-cv-03304-DKC

9/8/22 - Order Dismissing Case as Moot

 

Print Email


Latest News

Testimony in Opposition to SB 113 and HB 259 - Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)

gunshoprack

House Bill "Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)"
Sponsored by Delegates Atterbeary and Rosenberg
Being heard in the House Judiciary Committee 2/1/2023
Testimony Signup: 1/30/2023 between 8am and 3pm

Senate Bill "Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)"
Sponsored by Senator Waldstreicher
Being heard in the Senate Judicial Proceedings Committee 2/7/2023
Testimony Signup: 2/6/2023 between 8am and 3pm

 

The Bill: This Bill defines a new offense of “public nuisance” and is designed to negate the Protection of Lawful Commerce in Arms Act, 15 U.S.C. § 7901, et seq. (“PLCAA”). It provides a new duty of care on a “firearm industry member” a term that is defined by the bill to include “A PERSON ENGAGED IN THE SALE, MANUFACTURING, DISTRIBUTION, IMPORTING, OR MARKETING” of any “a “firearm-related product,” a term that is defined to include all firearms and ammunition, including mere “COMPONENTS” of firearms and ammunition.

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