MSI Fights Back on the State's Motion to Dismiss MSI's HQL lawsuit. Today, MSI and the other plaintiffs filed their Opposition to the State's motion to dismiss filed in federal district court.
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.
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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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”
Many, including members of Maryland's Handgun Permit Review Board have asked and even speculated about the differences and definitions of a Review vs. a Hearing. Here is what you need to know about the differences between the two.
What is the status of Kolbe v. Hogan and how did we get here?