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

Edited: 03/12/2025

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 The County then amended the County Code with the enactment of Bill 21-22E on November 28, 2023. MSI then challenged Bill 21-22E with the filing of the Second Amended Complaint which can be found here. The case thus challenges both Bill 4-21 and Bill 21-22E. We won a complete victory in this suit on the State claims in the Circuit Court for Montgomery Co and the County has appealed. See details below for the history and copies of the legal filings. On appeal, the Appellate Court held that County's ordinance was "problematic" but remanded for factual findings on the scope of the State statute that the County argues authorized the ordinance. The Appellate Court refused to decide whether the ordinance was preempted, was an improper general law or was a Taking and left the injunction in place pending the remand. We have filed petition for certiorari from that ruling, seeking review of the whole appeal in the Supreme Court of Maryland. The County, for its part, has filed a cross-petition for certiorari and we have filed an opposition to that cross-petitioni. It is now up the Maryland Supreme Court to decide whether to hear the case.

---

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.

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.

UPDATE AS OF 12/12/2023. WE WON IN STATE COURT ON THE STATE LAW CLAIMS! On November 27, 2023, the Circuit Court for Montgomery County, MD, issued its Opinion granting MSI's motion for Summary Judgment as to all State Claims. That Opinion can be found here. The Court thus held that Chapter 57 of the Mont. Co. Code was unconstitutional under the Maryland Constitution because it was not a "local law," that Chapter 57 was otherwise preempted by a comprehensive and intertwined schemed of State law, including by express preemption imposed by State law and that Chapter 57 constituted a "Taking" of private property under the Takings Clause of the Maryland Constitution. The court held that plaintiffs were entitled to declaratory and permanent injunctive relief on all three claims and is currently considering the parties' submissions concerning the wording of such orders. The Court also agreed to certify the decision for immediate appeal. That will allow the County to appeal the decision to the Maryland Supreme Court, once the orders are issued. Stay tuned. We will post the orders once the Court issues them. This State Court judgment applies to Counts I-III of the Second Amended Complaint.

BUT THE FEDERAL COURT DENIED OUR MOTION FOR A PRELIMINARY INJUNCTION ON A SECOND AMENDMENT CLAIM AND THAT RULING IS ON APPEAL. Additional Counts, including a Count under the Second Amendment, are also pending in federal district court so the case is proceeding in federal court on the federal claims and in State court on the State law claims. On July 6, 2023, the federal district court denied our motion for a preliminary injunction on the Second Amendment claim challenging the County's bans on the possession and transport of firearms (including by permit holders) and we took an immediate appeal from that denial to the Fourth Circuit. That appeal has been fully briefed. Our opening brief can be found here. The County's brief can be found here. And our Reply brief can be found here. The case had been scheduled for oral argument for January 23, 2024, but the Fourth Circuit, for unexplained reasons, took it off the argument calendar. It will be rescheduled for later. Stay tuned. Proceedings in both federal and State courts will continue.

UPDATE 07/13/2023 The Circuit Court for Montgomery County has entered our proposed orders awarding final judgment in favor of plaintiffs, awarding injunctive relief in favor of plaintiffs and awarding a declaratory judgment in favor of plaintiffs. That means, among other things, that the County may not enforce its bans on possession and carry by persons who have been issued a MD wear and carry permit. The County has appealed but the injunction remains in place while that appeal is pending. Links to the Appellate Briefs are set forth below.

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

Full Federal District Court docket available HERE

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

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
11/27/23 - Order Granting Plaintiffs' Motion for Summary Judgment
12/06/23 - Plaintiffs' Motion For Entry of Orders
12/15/23 - Order awarding Injunctive Relief
12/15/23 - Order awarding Declaratory Judgment in favor of plaintiffs
12/15/23 - Order Directing Entry of final judgment in favor of plaintiffs

Appellate Proceedings in the Appellate Court of Maryland:

05/29/24 - Brief of Appellant, Mont. Co.
06/28/24 - Brief of Plaintiffs-Appellees,
06/28/24 - Amicus Brief of Maryland in support of Mont. Co.
07/08/24 - Reply of Appellees to Amicus Brief
01/24/25 - Opinion of Appellate Court
02/05/25 - Order of the denying motions
02/04/25 - Petition for Certiorari to MD SCT
02/18/25 - Cross Petition for Certiorari by County
03/04/25 - Opposition to County Cross-Petition by Plaintiffs

Print Email

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

Latest News

MSI Bill Tracker - 2024 Maryland General Assembly Regular Session

Drop this link in your preferred calendar app to subscribe to live updates from the tracker https://bit.ly/3Z67kMq

Contact Info

Off Canvas Menu