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Handgun Qualification License (HQL) Hearing Recap

 

The hearing on Monday, August 7, 2017 before federal District Judge Garbis on the State's Motion To Dismiss lasted almost two hours and was very interesting.

The Judge did not issue any ruling from the bench, so the issues addressed await further order from the Court.  Our main argument was that the Court should not entertain the State's motion until we had been accorded an opportunity for discovery.  By the end of the hearing, Judge Garbis may have been convinced, asking the parties how long they would need for discovery.  In other comments from the bench, Judge Garbis seemed taken aback by the reality that the one-shot HQL regulations issued by the State Police effectively meant that Baltimore City residents would have to travel outside the city in order to get the HQL.  He also appeared quite interested in our argument that the HQL statute use of "receive" was vague and thus a violation of the Due Process Clause.  Judge Garbis was open-minded and asked excellent questions of counsel.  We were pleased to have this opportunity to present our arguments and look forward to a ruling.  

Mark W. Pennak, President, MSI


Latest News

Appeal in Handgun Qualification License Lawsuit Filed

Appeal in Handgun Qualification License Lawsuit Filed

On June 24th 2019, Maryland Shall Issue, Atlantic Guns, and the individual plaintiffs filed our opening brief to the United States Court of Appeals for the Fourth Circuit from the district court’s dismissal in our challenge of the Handgun Qualification License. The District Court held that none of the plaintiffs had standing to complain about the HQL. In doing so, the court ignored much of the evidence of record, impermissibly acted as a fact finder on summary judgment and committed numerous errors of law in order to reach the result it did. You can read the newly filed brief HERE.

The State has 30 days to file their Brief of Appellees (the State will likely request an extension -- they always do) and we will then file a Reply brief in response. Oral argument before a 3-judge panel will then be scheduled for some months later in Richmond, VA. We will share those developments as they become available.

We firmly believe that the HQL only exists to burden and discourage law-abiding Marylanders from exercising their individual right to acquire a handgun for lawful self-defense. The suppression and rationing of ownership of guns has been the State's objective for years. Yet, unsurprisingly, the State's never ending attempt to illegalize guns has neither lessened crime nor made Maryland a safer place for people to live. One need only look to the years of increased violence in Baltimore for grim evidence of that. All that has been accomplished is to make it expensive and difficult for ordinary individuals to protect themselves and their families. As always, MSI will always stand up and push back against laws and policies that put the right of self defense out of reach from those who need it most.

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.

Response to “The handgun board that couldn't shoot straight.”

The Sun, in its February 8, 2019 editorial, ably demonstrates once again that it does not grasp the complexity of gun law in Maryland in asserting that the Handgun Permit Review Board somehow has created a “loophole” in Maryland gun law by reversing the Maryland State Police 222 times on handgun wear and carry permits issued by the State Police. 

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Contact Info

Headquarters:

Maryland Shall Issue®, Inc.
1332 Cape St. Claire Rd #342
Annapolis, MD 21409

Phone:  410-849-9197
Email: 
Web:   www.marylandshallissue.org