MSI Files Complaint Against HQL Lawsuit!

Today, Maryland Shall Issue, Atlantic Guns of Rockville and Silver Spring, MD, and several individual citizens of Maryland filed suit in federal district court in Baltimore, challenging every aspect of the Handgun Qualification License (HQL) requirements imposed by the Firearm Safety Act of 2013, and the implementing regulations and practices imposed by the Maryland State Police in 2013.  A copy of the complaint, as filed in court, can be found HERE on the Maryland Shall Issue website.

Briefly summarized, the suit alleges that the Handgun Qualification License requirements, both as set forth in the statute, and as implemented by the Maryland State Police, violate the Second Amendment of the Constitution by placing unjustifiable and overwhelming burdens on the right of law-abiding citizens to purchase a handgun for the home. The suit further alleges that aspects of the statute and the regulations violate the Due Process Clause of the Fourteenth Amendment by, among other things, imposing such vague requirements that citizens are exposed to a profound risk of discriminatory and arbitrary arrest and prosecution. Finally, the suit directly attacks the regulations issued by the Maryland State Police on a variety of state law grounds. Those regulations and practices impose even more onerous requirements, not required by the statute, and are thus illegal under well-established principles of Maryland administrative law.

The HQL requirements, particularly as implemented by the State Police, were intended to create as many obstacles to the purchase of a handgun as possible and thus effectively ration the exercise of constitutional rights to the few who have the substantial time, money, specialized knowledge and sheer determination to navigate all these roadblocks to the exercise of a constitutional right. That result is wrong and simply cannot be meekly accepted without a fight. That fight is now on.

Our legal counsel in this suit is Cary J. Hansel, Hansel Law, PC, 2514 North Charles Street, Baltimore, MD 21218. While the State of Maryland is sure to resist and it is always hazardous to predict litigation, we look forward to working with Cary to achieve a successful outcome in this case.

This is just the first step.  There is a still a long road ahead and we will need your continued help and support as this suit proceeds.

Sincerely,
Mark Pennak
President Maryland Shall Issue

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Case Documents and History
US District Court for the District of Maryland Case# Case 1:16-cv-03311-ELH*
*Case originally assigned to Judge Marvin J. Garbis (ret.)

9/30/16 - Complaint
12/2/16 - Defendants' Memorandum in Support of Motion to Dismiss
12/28/16 - Amended Complaint
1/20/17 - Defendants' Memorandum in Support of Motion to Dismiss Amended Complaint
2/28/17 - Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss
3/20/17 - Defendants' Reply in Support of Motion to Dismiss
9/6/17 - MEMORANDUM AND ORDER granting in part and denying in part 18 Defendants' Motion to Dismiss the Amended Complaint
7/26/18 - Case reassigned to Judge Ellen L. Hollander
8/17/18 - Defendants' Motion for Summary Judgment
10/5/18 - Plaintiffs' Memorandum for Cross Motion for Summar Judgment and Opposition to Defendants' Motion for Summary Judgment
3/31/19 - ORDER granting Defendants' Motion for Summary Judgment
4/25/19 - Plaintiffs' Notice of Appeal to the Court of Appeals for the Fourth Circuit

See the full docket HERE

US Court of Appeals for the Fourth Circuit Case# 19-1469
8/3/20 - JUDGMENT of USCA affirming in part and reversing in part. Remanding to the District Court for further proceedings

Case returned to US District Court
9/8/20 - Mandate of Fourth Circuit takes effect
11/25/20 - Defendants' Motion for Summary Judgment
1/27/21 - Plaintiffs' Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment
8/23/21 - Memorandum Opinion dismissing suit
9/10/21 - Notice of Appeal
9/16/21 - USCA Case Number 21-2017 for Notice of Appeal

US Court of Appeals for the Fourth Circuit Case# 21-2017
9/16/21 - Case docketed

 

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. 

Read more ...

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

Headquarters:

Maryland Shall Issue®, Inc.
9613 Harford Rd
Ste C #1015
Baltimore, MD 21234-2150

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