• Legal

Bump Stock Lawsuit Filed!

On June 11, 2018, MSI and four individuals filed a class action suit challenging SB 707, the Bump Stock Bill that was signed into law by Governor Hogan on April 24.

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Maryland State Police - Upcoming MyLicense Portal Outage

The Maryland State Police's Online Portal for HQL Applications and Handgun Instructors will be down from June 13th through June 15th

From the Maryland State Police:

Please be advised, the Maryland State Police Licensing Division's MyLicense system (https://emdsp.mdsp.org/egov/Login.aspx) will be down for important updates and scheduled maintenance beginning Wednesday, June 13, 2018 through Friday, June 15, 2018 and will be unavailable for those days.

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Wear and Carry Permit lawsuit

Maryland Shall Issue (MSI) applauds the National Rifle Association’s (NRA) announcement of its support of a new challenge against the State of Maryland's unfair and discriminatory wear and carry permit system in federal district court.  The case name is Malpasso v. Pallozzi, No. 18-1064 (D. MD).  The Maryland State Rifle and Pistol Association, which is the NRA's Maryland state organization, is also a named plaintiff. The lawsuit candidly acknowledges that the relief sought "is contrary to Woollard v. Gallagher, 712 F.3d 865 (4th Cir. 2013), but alleges that the Fourth Circuit's decision in Woollard was "wrongly decided" for the "reasons explained in Wrenn v. District of Columbia, 864 F.3d 650 (D.C. Cir. 2017), and that the purpose of the suit is "to seek to have Woollard overturned."  The suit is thus similar to complaints filed by the same counsel in New York (New York State Rifle and Pistol Association, Inc. v. Beach, No. 18-134 (N.D.N.Y.)), and in New Jersey (Rogers v. Grewal, No. 18-1544 (D.N.J.)) in which existing adverse Second Circuit and Third Circuit precedent is challenged in the same way. These suits all take advantage of the "circuit split" created by the D.C. Circuit's decision in Wrenn. The resolution of such circuit splits is often the reason that cases are reviewed in the Supreme Court. 

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Medical Marijuana and Guns

With the recent changes in Maryland law concerning medical marijuana, see MD Code, Health - General, § 13-3304 et seq., and the push to legalize the use of marijuana in Maryland, a recurring issue is how such marijuana use would affect your Second Amendment rights.  The short answer is that it may well act to abrogate those rights by (1) barring a FFL from selling a firearm to such a user and (2), by making such a user a prohibited person under federal law.

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How to Find a Firearms Attorney

There may come a time when you need an attorney knowledgeable in firearm law. It could be for something relatively simple like a gun trust, handling transfers between family members, or a much more urgent need, a case of self-defense. As a responsible gun owner, you should consider building a relationship with an attorney before their services are needed. Views and opinions on various legal matters and laws are extremely common on the Internet, and members of law enforcement may be familiar with some things.  Do not rely on such informal sources.  Even law enforcement officers are often wrong on the law. The safest approach for whatever you need is to build a relationship with a competent attorney.

 

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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.

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Peruta En Banc Decision

 

Today, in a sharply split decision, a majority of the en banc court of the Ninth Circuit held that concealed carry outside the home is not protected, at all, by the Second Amendment.  In so holding the en banc majority declined to decide whether the Second Amendment protects open carry outside the home, stating that "[i]n light of our holding, we need not, and do not, answer the question of whether or to what degree the Second Amendment might or might not protect a right of a member of the general public to carry firearms openly in public."  The majority dismissed the reality that California law flatly prohibits open carry outside the home, reasoning that plaintiffs had challenged only the "good cause" requirement for concealed carry, not the law banning open carry. The majority decision drew sharp dissents from several members of the en banc court.  The next step for the plaintiffs would be to file a petition for certiorari with the Supreme Court, which is now sitting, since Justice Scalia's death in February, with only 8 members.  That reality may make certiorari difficult to obtain.

 

To read the full decision, click here.


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HQL Member Polling

Dear MSI Member: 

  While we are still a bit short of money (please keep those contributions coming in!) we nonetheless are gearing up for the HQL suit on the premise that we will file it this Fall.  One of the essential elements in any suit in federal court is “standing”

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Latest News

Bump Stock Lawsuit Filed!

On June 11, 2018, MSI and four individuals filed a class action suit challenging SB 707, the Bump Stock Bill that was signed into law by Governor Hogan on April 24.

Read more ...

Maryland State Police - Upcoming MyLicense Portal Outage

The Maryland State Police's Online Portal for HQL Applications and Handgun Instructors will be down from June 13th through June 15th

From the Maryland State Police:

Please be advised, the Maryland State Police Licensing Division's MyLicense system (https://emdsp.mdsp.org/egov/Login.aspx) will be down for important updates and scheduled maintenance beginning Wednesday, June 13, 2018 through Friday, June 15, 2018 and will be unavailable for those days.

Read more ...

Contact Info

Headquarters:

Maryland Shall Issue®, Inc. 1332 Cape St. Claire Rd #342 Annapolis
MD 21409

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