Gun Case Tracker

This tracker features briefs, orders, and statuses of important gun-related litigation from around the country, including MSI's.
Generously provided and maintained by Rob Romano at 2Aupdates and Firearms Policy Coalition.

Maryland Shall Issue, Inc. Litigation
Current
Maryland Shall Issue v. Montgomery County (Privately-made firearms, Carry Prohibitions) - Circuit Court for Montgomery County, MD Case# 485899-V
Call v Jones III (Carry Permits) - United States District Court for the District Court of Maryland Case# 1:20-cv-03304
Hulbert v Pope (1st Amendment, Unlawful Arrest) - United States District Court of Appeals for the Fourth Circuit Case# 21-1608
Maryland Shall Issue v Hogan
(Handgun Qualification License) - United States District Court for the District Court of Maryland Case# 1:16-cv-03311

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Past
Maryland Shall Issue v Hogan (SB707 2017, RFTA takings) - Fourth Circuit upheld MD's takings of personally held property (bump stocks, binary triggers, etc...) without just compensation - Cert Denied by US Supreme Court
Whalen v Handgun Permit Review Board (Good and substantial reason) - MD Court of Special Appeals Case# CSA-REG-2431-2018 - Dismissed
Kolbe v Hogan ("Assault Weapons," magazine capacity restrictions) - Fourth Circuit upheld MD's weapons and magazine bans, Cert Denied by US Supreme Court
John Doe, et al vs Marcus L Brown, et al (Maryland State Police mishandling of personal data) - Circuit Court for Anne Arundel County Case# 02-C-13-181857 - Voluntarily dismissed
Doe, et al vs Brown, et al - Circuit Court for Baltimore County Case# 03-C-13-005388 - Dismissed

Other Cases of Interest in Maryland
Woollard v Gallagher (Good and substantial reason) - Fourth Circuit upheld MD's "good and substantial reason" requirement for wear and carry permit eligibility, Cert Denied by US Supreme Court
Lawrence v. State (Prohibition on wear, carry, transport of handguns - Mens Rea) - Maryland Court of Appeals rules that a violation of Md. Criminal Law § 4-203(a)(1)(i) is a strict liability crime

Amicus Filings
District of Columbia v. Heller - Supreme Court of the United States Case# 07-290
AMICUS BRIEF OF GUN OWNERS OF AMERICA, ET AL. IN SUPPORT OF RESPONDENT
McDonald v. City of Chicago - Supreme Court of the United States Case# 08-1521
AMICUS BRIEF OF GUN OWNERS OF AMERICA, ET AL. IN SUPPORT OF PETITIONERS
Holloway v Rosen - Supreme Court of the United States Case# 20-782
AMICUS BRIEF OF MONTANA SHOOTING SPORTS ASSOCIATION IN SUPPORT OF PETITIONER
The Modern Sportsman, LLC v United States of America - United States Court of Appeals for the Federal Circuit Case# 20-1107
AMICUS BRIEF OF MARYLAND SHALL ISSUE, INC., IN SUPPORT OF APPELLANTS AND REVERSAL
New York State Rifle and Pistol Association v. Bruen - Supreme Court of the United States Case# 20-843
AMICUS BRIEF OF SECOND AMENDMENT FOUNDATION, ET AL. IN SUPPORT OF PETITIONERS AND REVERSAL

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Latest News

US Supreme Court Orders Response from MD Attorney General Brian Frosh in "Assault Weapon" Ban Challenge

On January 14, the Supreme Court ordered the Maryland Attorney General to file a response to the petition for certiorari filed by plaintiffs in Bianchi v. Frosh, No. 21-901. In that case, plaintiffs are challenging Maryland's "assault weapon" ban as unconstitutional.

That order means, at the minimum, that at least one Justice on the Court wants a response. It also likely means that the Court will hold this petition pending a decision in NYSRPA v. Bruen, No. 20-843, in which the Supreme Court is considering the constitutionality of New York's "good cause" requirement for carry permits. Holding Bianchi would be consistent with the hold that the Court has apparently placed on the petition filed in the New Jersey "large-capacity magazine" case, ANJRPC v. Bruck, No. 20-1507. The petition in that case has been pending in the Supreme Court since April of 2021. All of this is good news. A decision in Bruen this Spring may mean that the Court will thereafter vacate the lower court decisions in both Bianchi and ANJRPC and remand for further consideration in light of Bruen. At least, we hope that is the outcome.

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 ...

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