Category: Public Documents
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pdf.pngGould Brief of Appellants HOT

Brief of Appellants in Gould v. O'Leary First Circuit Case

pdf.pngNRA Amicus Brief in Gould HOT

NRA amicus brief filed in the First Circuit in May 2018 in the Gould carry case.

pdf.pngThe Racist Roots of Gun Control HOT
pdf.pngReply In Support of Motion To Dismiss HOT
pdf.pngOpposition to Motion To Dismiss First Amendment HOT
pdf.pngMotion to Dismiss First Amendment HOT
pdf.pngMotion to Dismiss First Amendment HOT
pdf.pngFirst Amendment Case (Hulbert Brothers) HOT

State Attorney General's Office filed a motion to dismiss the suit against the Capital Police Department officers who arrested the Hulbert brothers

pdf.pngComments on ATF Proposal Regarding Bump Stocks HOT

MSI's legal comments on the proposed ATF rule regarding bump stocks.

pdf.pngTestimony on Campus Carry proposed legislation HB 904 in 2018 HOT

Testimony on Campus Carry proposed legislation HB 904 in 2018

pdf.pngWear and Carry Wear and Carry permit lawuit complaint HOT

New legal challenge to the State of Maryland's unfair and discriminatory handgun wear and carry permit system

pdf.pngVeto request for HB819, the Handgun Permit Review Board repeal bill HOT

Veto request for HB819, the Handgun Permit Review Board repeal bill

pdf.pngRed Flag Bill - HB1302 - Testimony HOT
This proposed legislation (HB1302) is a firearms confiscation bill, commonly referred to as a "red flag" bill. If passed, it would create a new system that would allow “any interested person” to petition a judge for what the bill calls an “extreme risk protection order” by alleging that a person (“the respondent”) poses an “immediate and present danger of causing personal injury” to another person “by possessing a firearm.” While it requires the petitioner to execute the petition under oath, it then grants complete legal immunity to that person from both civil and criminal liability if the petition acts in subjective “good faith.”   “the respondent”  would be required to surrender firearms to law enforcement.
pdf.pngTestimony on HB 991 HOT

Testimony on HB 991 - Magazine Ban

pdf.pngTestimony on HB 819 HOT

Testimony on HB 819 - HPRB Repeal

pdf.pngTestimony on HB 792 HOT

Testimony on HB 792 - Permit Expiration

pdf.pngTestimony on HB 760 HOT

Testimony on HB 760 - School Carry

Latest News

Court Uphold's MD's Taking of Rapid Fire Trigger Activators

 

In a sharply split, 2-1 decision, a panel of the United States Court of Appeals for the Fourth Circuit has held that Maryland may ban the possession of "Rapid Fire Trigger Activators" by existing owners without paying just compensation under Fifth Amendment or the Maryland Constitution.  The majority ruled that no just compensation was owed to existing, lawful owners because the ban “does not require owners of rapid fire trigger activators to turn them over to the Government or to a third party.”  In short, as far as this majority is concerned, the State is free to ban the possession of any personal property without paying just compensation unless the State puts the property into its own pocket or the pocket of a third party.  If that is the law, then no personal property, of any kind, is safe from the grasping clutches of the General Assembly.  For example, the State could ban possession of your existing car and not pay a dime.  The dissenting opinion ably demolishes the majority's reasoning.  Needless to say, we will be seeking further review.

You can read the ruling HERE.  Stay tuned.

Maryland Shall Issue will continue to fight for the interests and rights of its members and the public, but to do so requires resources and your help. Consider joining or donating to MSI.

Background Checks for Firearms Purchases and Licenses Interrupted

Due to a systems failure on the morning of June 21st within the Maryland Department of Public Safety and Corrections Services (DPSCS), the Maryland State Police (MSP) was no longer able to complete background checks for Handgun Qualification Licenses (HQL), regulated firearms transfers (77R transfers), and Wear and Carry Permit background investigations. DPSCS have since restored their systems and the MSP have been processing background checks as fast as they can. We appreciate the efforts of the State Police to remedy the backlog as quickly as possible, though the bureaucratic processes created by the General Assembly compounds these issues for Marylanders who are merely trying to protect themselves.

From the MSP:

Background Checks Underway After Data System Restored

(PIKESVILLE, MD) — Maryland State Police Licensing Division employees worked throughout the night and will continue to work around-the-clock to address pending regulated firearm purchase applications after a state data system was restored late yesterday.

At about 8:30 p.m. yesterday, the State Police Licensing Division was notified by officials at the Maryland Department of Public Safety and Correctional Services that the data system had been restored and access to background check information was available.  Employees at the Licensing Division immediately began completing background check investigations on the regulated firearm purchase applications that had been pending since a system failure occurred on June 21st.

Licensing Division employees worked throughout the night and will continue to work around-the-clock until all pending and incoming regulated firearm purchase applications have been reviewed and are being completed within Maryland’s required seven day waiting period.  Even with employees working 24-hours-a-day to address this, the process is anticipated to take several days to complete.  The Licensing Division continues to work with Maryland’s licensed firearms dealers to track any regulated firearm released after the waiting period, but before full completion of the background check process.

As of 4:00 p.m. yesterday, information from Maryland firearms dealers indicated that of the 893 firearm purchase applications eligible for release, 54 regulated firearms had been released to customers after the seven day waiting period had passed.  The individuals receiving those firearms were the first ones background checks were conducted on during the night.  There were no prohibiting factors found for any of those applicants.


As far as we know, there's no evidence or information to suggest that anyone's personal information was comprimised while the systems were down and none of the applicants whose dealer released firearms to them failed or would have failed background checks.

While the MSP have asked the Dealers to hold off on releasing any regulated firearms (handguns) until the checks completed, dealers may release regulated firearms on the 8th day after a transaction at their discretion. From the MSP's latest advisory on 6/25:

Should the RFD elect to exercise their statutory option to release a regulated firearm on the eighth day, we ask that the procedure listed below be followed:

1. The RFD will access their Licensing Portal;
2. locate the application to be released within the “SUBMITTED APPLICATIONS” section;
3. print a copy of the application;
4. verify that all information in “Section 4” is accurate;
5. both the RFD and the applicant will sign and complete “Section 6;”
6. scan and send the completed copy of the 77R to .

Additional Coverage:
Maryland Handgun Background Check System Crashes, Leaving Gun Buyers in Limbo - Washington Free Beacon
Citing a ‘catastrophic hardware failure,' Maryland State Police report delays in gun background checks and licenses - Baltimore Sun
Guns sold without completed background checks in Maryland - WUSA9
After ‘Catastrophic Hardware Failure,’ Dozens Of Guns Were Released Without Completed Background Checks In Maryland - WAMU

Contact Info

Headquarters:

Maryland Shall Issue®, Inc.
9613 Harford Rd
Ste C #1015
Baltimore, MD 21234-2150

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