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  • HQL Lawsuit - Victory Against the Motion to Dismiss!

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

Maryland State Police Lifts Permit Restrictions for Business Owners

On August 6, 2019, the Maryland State Police announced that they were changing their standard operating procedure with respect to restrictions placed on carry-permits issued to business owners. Under this new policy, business owners who otherwise establish a "good and substantial reason" for a carry permit will be issued such a permit without any restrictions. Previously, the permits issued to such owners were restricted to "while conducting business." A copy of this State Police announcement can be found HERE. Apparently, the Maryland State Police intends to take steps to apply this new policy to business owners who have appealed the prior restriction to the Handgun Permit Review Board or have appeals pending on this restriction before the Office of Administrative Hearings. We suggest that persons with such pending appeals contact the State Police Licensing Division concerning their status.

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MSI Challenges "Good and Substantial Reason" in New Lawsuit



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.

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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