Maryland Shall Issue, Inc. et al v. Montgomery County, Maryland

On May 28, 2021, Maryland Shall Issue, Engage Armament, ICE Firearms & Defensive Training, and several residents of Montgomery County, Maryland, filed suit against the County, challenging its enactment of Bill 4-21. That Bill criminalizes the mere possession of privately made firearms without providing compensation and redefines the meaning of "place of public assembly" to encompass virtually the entirety of Montgomery County just in order to criminalize otherwise perfectly lawful firearms possession in the home and elsewhere. The suit seeks declaratory and injunctive relief and an award of damages, including punitive damages. 

You can read the complaint HERE.
Further filings can be found below.

Stay tuned for further updates.

Case Documents and History
Circuit Court for Montgomery County, MD Case# 485899V
5/28/21 - Complaint
6/16/21 - Emergency Motion for Partial Summary Judgment
6/16/21 - Memorandum in Support of Emergency Motion for Partial Summary Judgment
7/13/21 - Defendant's Notice of Removal to Federal U.S. District Court, Filed. Case Closed.
7/15/21 - Hearing on motion for Partial Summary Judgment scheduled (Cancelled - Case removed to Federal Ct.).

US District Court for the District of Maryland Case# 8:21-cv-01736-TDC
7/12/21 - NOTICE OF REMOVAL from Circuit Court for Montgomery County, Maryland, case number 485899V
7/13/21 - Standing Order Concerning Removal Notice of Removal
7/13/21 - Defendant's Response re Standing Order Concerning Removal
7/19/21 - Defendant's Notice of Intent to file Cross-Motion for Summary Judgment and Motion to Dismiss
7/21/21 - Plaintiffs' Notice of Intent to file Motion to Sever and Remand State Law Claims and To Hold Federal Vagueness Claim in Abeyance Pending a Resolution of the State Law Claims
7/23/21 - Plaintiffs' Notice of Intent to Submit the Motion for Partial Summary Judgment on Counts I, II, and IV and Notice of Intent to File Motion Seeking Sanctions Under Rule 11, FRCP, for the County’s Wrongful Delay Tactics and Willful Failure To Comply With Local Rule 103 5. b).
8/4/21 - Plaintiffs’ Motion to Sever and to Remand All State Law Claims Removed by the Defendant and to Hold in Abeyance the Sole Remaining Federal Claim Until Completion of the State Court Proceedings
8/18/21 - Defendant's Opposition to Plaintiffs' Motion to Sever and Remand to State Court
8/22/21 - Plaintiffs’ Corrected Reply In Support Of Plaintiffs’ Motion To Sever And To Remand
2/7/22 - Memorandum Opinion
2/7/22 - ORDER granting in part and denying in part Motion to Remand to State Court

Full Federal District Court docket available HERE

Circuit Court for Montgomery County, MD Case# 485899V
2/18/22 - Case transferred from United States District Court
2/18/22 - Order remanding case back to Montgomery County Circuit Court
2/22/22 - Defendant's Motion to Dismiss or, alternatively for Summary Judgment
2/22/22 - Memorandum In Support of Defendant's Motion to Dismiss/Summary Judgment
2/22/22 - Defendant's Motion to Exceed page limitation
2/22/22 - Plaintiffs' Motion for Partial Summary Judgment
2/22/22 - Plaintiffs' Motion to Exceed page limitation
2/22/22 - Defendant's Opposition to Plaintiffs' Motion for Partial Summary Judgment
2/24/22 - Transfer of original record from United States District Court
3/7/22 - Plaintiffs’ Opposition to Defendant’s Motion For Summary Judgment and Motion to Dismiss
4/14/22 - Plaintiffs’ Supplemental Memorandum Regarding Enactment of Senate Bill 387 and House Bill 425 Into Law and Motion for Expedited Hearing and Decision
4/14/22 - Plaintiffs' Proposed Order on Motion to Expedite
4/20/22 - Notice of Hearing Date - Scheduled for May 23, 2022, at 10am Remotely
5/12/22 - Defendant's Reply To Plaintiffs’ Supplemental Memorandum Regarding Enactment Of Senate Bill 387 And House Bill 425 Into Law
5/16/22 - Plaintiffs’ Motion To Exceed Page Limitation On Memorandum In Response To Defendant’s Submission Concerning HB 425 And SB 387
5/16/22 - Plaintiffs’ Memorandum In Response To Defendant’s Submission Concerning HB 425 And SB 387
5/16/22 - Written Testimony Of Mark W. Pennak, President, MSI, In Opposition To HB 425 And SB 387 (Exh. A)
5/20/22 - Plaintiffs' Renewed Motion for Summary Judgment
7/10/22 - Plaintiffs’ Submission Of Supplemental Authorities
7/19/22 - Hearing held
7/19/22 - Court Takes Under Advisement
7/22/22 - Plaintiffs' First Amended Complaint
7/27/22 - ORDER Dismissing Defendant's Motion to Dismiss, or Alternatively, for Summary Judgment and Plaintiffs' Renewed Motion for Summary Judgment as Moot
CONTINUED BELOW

United States District Court for the District of Maryland Case# 8:22-cv-01967

8/8/22 - NOTICE OF REMOVAL from Circuit Court for Montgomery County, Maryland, case number 485899V
8/8/22 - Defendant's MOTION to Consolidate Cases Defendants Partial Consent Motion to Consolidate and Remand Counts I, II, and III
8/9/22 - RESPONSE in Opposition to MOTION to Consolidate Cases Defendants Partial Consent Motion to Consolidate and Remand Counts I, II, and III
CONTINUED BELOW

Full Federal District Court docket available HERE

US District Court for the District of Maryland Case# 8:21-cv-01736-TDC

8/8/22 - Defendant's MOTION to Consolidate Cases Defendants Partial Consent Motion to Consolidate and Remand Counts I, II, and III
8/8/22 - Defendant's Supplement to Motion to Consolidate and Remand
8/8/22 - Joint Status Report 2
8/9/22 - Plaintiffs' RESPONSE in Opposition to MOTION to Consolidate Cases Defendants Partial Consent Motion to Consolidate and Remand Counts I, II, and III
8/11/22 - Corrected Plaintiffs’ Opposition to Defendant’s Motion to Remand Counts I, II & III to State Court and Opposition to Defendant’s Motion to Hold the Federal Claims in Abeyance
8/11/22 - Order Denying Partial Consent Motion to Consolidate and to Remand
8/12/22 - Plaintiffs' Notice of Intent to Motion for Partial Summary Judgment
8/15/22 - Defendant's Correspondence re: Notice of Intent to File Motion to Consolidate and Remand
8/16/22 - Plaintiffs’ Opposition to Defendant’s Motion for an Indefinite Extension of Time to Respond To Plaintiffs’ First Amended Complaint
8/24/22 - Notice of Conference
8/26/22 - Case Management Conference Held
8/26/22 - Consent Motion to Consolidate Cases
8/29/22 - Briefing Order
9/9/22 - Defendant's Motion to Remand Counts I, II, and III and Stay Counts IV and V
9/23/22 - Plaintiffs’ Opposition To Defendant’s Motion to Remand Counts I, II & III to State Court and Hold the Federal Claims in Abeyance
9/23/22 - Exhibit A to Opposition to Def's Motion to Remand
9/30/22 - Defendant's Reply to Response to Remand to State Court Counts I, II and III and Stay Counts IV and V

11/15/22 - Montgomery County Council Passes 'Bruen response' bill, Bill 21-22E, amending Montgomery County Code Chapter 57
11/28/22 - County Executive Marc Elrich Signs Bill 21-22E, which became effective immediately

11/29/22 - Plaintiffs' Second Amended Complaint
11/29/22 - Plaintiffs' Notice of Intent to Submit a Motion for a TRO and Preliminary Injunction
12/6/22 - Pre-motion conference on Plaintiffs' request to file a Motion for a TRO and Preliminary Injunction
12/6/22 - Corrected Plaintiffs' Emergency Motion for a Temporary Restraining Order and Emergency Motion for a Preliminary Injunction
12/6/22 - Memorandum in Support of Plaintiffs’ Emergency Motion for a Temporary Restraining Order and Emergency Motion for a Preliminary Injunction
12/6/22 - Plaintiffs' Proposed Order
12/6/22 - Plaintiffs' Alternative Proposed Order
12/7/22 - Plaintiffs' Notice of Supplemental Authorities
12/9/22 - Defendant's Motion to Remand to State Court Renewed Motion to Remand Counts I, II, and III and Stay Counts IV Through VIII
12/23/22 - Plaintiffs’ Opposition to Defendant’s Motion to Remand Counts I, II & III to State Court and Opposition to Defendant’s Motion to Hold the Federal Claims in Abeyance
12/30/22 - Defendant's Memorandum in Support of Opposition to Plaintiffs’ Emergency Motion for Temporary Restraining Order and Emergency Motion for a Preliminary Injunction
1/6/23 - Motion for Leave to File Amicus Brief in Support of Defendant's Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction by Everytown for Gun Safety
1/9/23 - Reply in Support of Plaintiffs’ Emergency Motion for a Temporary Restraining Order and Emergency Motion for a Preliminary Injunction
1/9/23 - Opposition of Plaintiffs to Everytown’s Motion to File Amicus Brief
1/10/23 - Everytown's reply to Plaintiffs' Opposition Against Motion to File Amicus Brief
1/30/23 - ORDER GRANTING Everytown's Motion for Leave to File Amicus Brief
1/30/23 - Amicus Brief in support of Response in Opposition to Motion re Corrected MOTION for Preliminary Injunction and Temporary Restraining Order filed by Everytown for Gun Safety
1/30/23 - Plaintiffs' Notice of Supplemental Authorities
2/2/23 - Plaintiffs’ Response to the Everytown Amicus Brief
2/6/23 - Oral argument held on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, Defendant's Motion to Remand to State Court
3/28/23 - Defendant's Notice of Supplemental Authorities Re: Bondi
3/28/23 - Plaintiffs' Response to Defendant's Notice of Supplemental Authorities
3/31/23 - Plaintiffs' Notice of Supplemental Authorities Re: Worth
5/5/23 - Memorandum Opinion on Motion to Remand
5/5/23 - Order ORDER GRANTING IN PART and DENYING IN PART Motion to Remand Counts I, II, and III and Stay Counts IV Through VIII. REMANDING Counts I, II, and III to the Circuit Court for Montgomery County
5/5/23 - Correspondence from Clerk to Circuit Court for Montgomery County re: Remand
5/18/23 - Plaintiffs' Notice of Supplemental Authorities Re: Koons
5/25/23 - Release of Official Transcript of Proceedings, Motions Hearing held on 2/6/23
6/19/23 - Plaintiffs' Notice of Supplemental Authority Re: SB 1
7/3/23 - Defendant's Request for Conference Re: Notice of Intent to file Motion to Dismiss or in the Alternative for Summary Judgment
7/6/23 - ORDER DENYING Motion for a Temporary Restraining Order and a Preliminary Injunction
7/6/23 - MEMORANDUM OPINION
7/7/23 - Plaintiffs' Notice of Appeal
7/8/23 - Plaintiffs' Notice of Intent to Submit a Rule 8, FRAP, Motion For An Injunction Pending Appeal 
8/26/23- Plaintiffs' Request for Clarification as Directed by Court of Appeals. 
8/29/ 23 - Order Granting Leave to File Rule 8 Motion in DCt
8/30/23 - Motion of Plaintiffs For injunction Pending Appeal
9/06/23 - Opposition of County to Motion for Injunction Pending Appeal
9/08/23 - Reply in support of an injunction pending appeal 

Full Federal District Court docket available HERE

US Court of Appeals for the Fourth Circuit, Case# 23-1719

7/10/23 - Case docketed. Originating case number: 8:21-cv-01736-TDC
7/10/23 - DOCKETING NOTICE issued
7/11/23 - Briefing Schedule
7/17/23 - Plaintiffs' Emergency Motion for a Rule 8 Injunction Pending Appeal
7/17/23 - NOTICE ISSUED to Montgomery County, Maryland requesting response to Motion for injunctive relief pending appeal [10]. Response due: 07/24/2023
7/24/23 - MOTION by Montgomery County, Maryland to strike document Supplemental Declarations and Attendant Maps File with Plaintiffs' Emergency Motion for a Rule 8 Injunction Pending Appeal
7/24/23 - Defendant’s Response To Plaintiffs’ Emergency Motion For A Rule 8 Injunction Pending Appeal
7/26/23 - Plaintiffs’ Memorandum in Opposition to Defendant’s Motion to Strike
7/26/23 - Corrected Reply in Support of Plaintiffs’ Emergency Motion for a Rule 8 Injunction Pending Appeal
8/3/23 - COURT ORDER filed denying Motion for Rule 8 injunctive relief pending appeal; denying Appellee's (County) Motion to strike as moot.
8/4/23 - Plaintiffs-Appellants’ Motion for Clarification and Alternative Motion Renewing Plaintiffs’ Motion for an Injunction Pending Appeal
8/8/23 - NOTICE ISSUED to Montgomery County, Maryland requesting response to Motion for injunctive relief pending appeal, Motion to clarify. Response due: 08/11/2023
8/11/23 - Defendant’s Response to Plaintiffs-Appellants’ Motion for Clarification and Alternative Motion Renewing Plaintiffs’ Motion for an Injunction Pending Appeal
8/11/23 - Reply in Support of Plaintiffs-Appellants’ Motion for Clarification and Alternative Motion Renewing Plaintiffs’ Motion for an Injunction Pending Appeal
8/15/23 - Appearance of Counsel by Matthew Larosiere for Maryland Shall Issue, Incorporated
8/21/23 - Appearance of Counsel by Cooper & Kirk
8/21/23 - Brief of Appellants and Joint Appendix
8/25/23 - Order 4th Circuit on Plaintiffs' motion for clarification 
8/28/23 - Amicus Brief of Montana et al in support of appellants
8/28/23 - Amicus Brief of Second Amendment Law Center et al in support of appellants
9/19/23 - Brief of County on the Merits
9/20/23 - County Oppositon to Plaintiffs Motion for Injunction Pending Appeal
9/20/23 - County Motion to Strike
9/21/23 - Plaintiffs Reply in support Injunction Pending Appeal
9/21/23 - Plaintiffs' Opposition to Motion to Strike
9/26/23 - Amicus Brief of Giffords in support of the County
9/27/23 - Amicus Brief of Everytown in support of the County

Full US Court of Appeals docket available HERE

Circuit Court for Montgomery County, MD Case# 485899V
5/9/23 - UNITED STATES DISTRICT COURT'S LETTER TO CLERK REGARDING REMANDING CASE TO CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND FILED. CASE REOPENED.
5/10/23 - NOTICE SENT TO ALL ATTORNEYS OF RECORD REGARDING EXISTING CASE NUMBER AND ANY OUTSTANDING MOTIONS FILED.
6/6/23 - Defendant’s Motion to Dismiss Plaintiff Maryland Shall Issue from Second Amended Complaint and Request for Hearing
6/6/23 - Defendant’s Motion and for Summary Judgment on Second Amended Complaint and Request for Hearing
7/5/23 - Plaintiffs’ Motion for Summary Judgment After Remand
7/5/23 - Memorandum in Support of Plaintiffs’ Cross-Motion for Summary Judgment and Plaintiffs’ Opposition to Defendant’s Motion for Summary Judgment
7/6/23 - Joint Motion to Amend Schedule for Filing Dispositive Cross Motions on Plaintiffs’ Second Amended Complaint

 9/1/23 - Opposition of County to Plaintiffs' motion for summary judgment
 9/8/23 - State of Maryland Amicus Brief in support of the County
9/27/23 - Plaintiffs' Reply Brief in support of Plaintiffs' Motion for SJ