HQL Lawsuit - Victory Against the Motion to Dismiss!

On September 6, 2017, Federal District Judge Garbis swept away the State's arguments and denied, in all important respects, the State's motion to dismiss.  You can read the full decision here.

The Court first sustained the "standing" of MSI and the other plaintiffs to bring this suit.  The Court then held that the plaintiffs had stated fully sufficient claims that the HQL statute and the implementing State Police regulations violated the Second Amendment.  The Court ruled as well that the complaint sufficiently stated a claim in alleging that the prohibitions on receiving or the receipt of a handgun without an HQL were void for vagueness under the Due Process Clause.  Finally, the Court also held that the complaint stated a sufficient claim that the State Police regulations were "ultra vires" as in excess of statutory authority.   These rulings were an important first step in the suit.  From here, the parties will move into the discovery phase of the litigation, which promises to be both expensive and very interesting.  So stay tuned and please keep those contributions coming!

Mark W. Pennak, President MSI


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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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