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

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MSI has filed an amended complaint against Montgomery County's enforcement Bill 21-22E, a 'response' bill to NYSRPA v. Bruen. You can read more on this latest phase of our case against the County here: https://bit.ly/3VgQWaD
 
Update 1/30/23
The Court has scheduled a hearing for 2/6 at 3pm on our motion for a Temporary Restraining Order and Preliminary Injunction, as well as the County's motions to hold Counts I, II, and III to State court and hold the remaining claims in abeyance.
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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.

MSI had testified before the Council last winter that Bill 4-21 was a bad idea on many fronts. The Council nonetheless insisted on making criminals of law-abiding people. The County was undeterred by the many Maryland state laws and precedent from the Court of Appeals (Maryland's highest Court) that make clear that localities lack the power to enact new gun laws like Bill 4-21. 

MSI will not stand idly by while State or local officials pursue ideological legal vendettas against MSI members and the public. But litigation is never cheap or easy so we rely on YOUR support in order to defend your rights. Don't be a free rider --  donate to MSI or join us today.


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

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

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
2/6/23 - 3pm Hearing Scheduled on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction, Defendant's Motion to Remand to State Court

Full Federal District Court docket available HERE

 

 

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Testimony in Opposition to SB 113 and HB 259 - Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)

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House Bill "Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)"
Sponsored by Delegates Atterbeary and Rosenberg
Being heard in the House Judiciary Committee 2/1/2023
Testimony Signup: 1/30/2023 between 8am and 3pm

Senate Bill "Civil Actions - Public Nuisances - Firearm Industry Members (Gun Industry Accountability Act of 2023)"
Sponsored by Senator Waldstreicher
Being heard in the Senate Judicial Proceedings Committee 2/7/2023
Testimony Signup: 2/6/2023 between 8am and 3pm

 

The Bill: This Bill defines a new offense of “public nuisance” and is designed to negate the Protection of Lawful Commerce in Arms Act, 15 U.S.C. § 7901, et seq. (“PLCAA”). It provides a new duty of care on a “firearm industry member” a term that is defined by the bill to include “A PERSON ENGAGED IN THE SALE, MANUFACTURING, DISTRIBUTION, IMPORTING, OR MARKETING” of any “a “firearm-related product,” a term that is defined to include all firearms and ammunition, including mere “COMPONENTS” of firearms and ammunition.

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