Peruta En Banc Decision

 

Today, in a sharply split decision, a majority of the en banc court of the Ninth Circuit held that concealed carry outside the home is not protected, at all, by the Second Amendment.  In so holding the en banc majority declined to decide whether the Second Amendment protects open carry outside the home, stating that "[i]n light of our holding, we need not, and do not, answer the question of whether or to what degree the Second Amendment might or might not protect a right of a member of the general public to carry firearms openly in public."  The majority dismissed the reality that California law flatly prohibits open carry outside the home, reasoning that plaintiffs had challenged only the "good cause" requirement for concealed carry, not the law banning open carry. The majority decision drew sharp dissents from several members of the en banc court.  The next step for the plaintiffs would be to file a petition for certiorari with the Supreme Court, which is now sitting, since Justice Scalia's death in February, with only 8 members.  That reality may make certiorari difficult to obtain.

 

To read the full decision, click here.


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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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Headquarters:

Maryland Shall Issue®, Inc.
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Baltimore, MD 21234-2150

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