Category: Public Documents
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Downloads: 253
pdf0Hulbert v. Pope (4th Cir) - Order Directing Parties to File Memoranda
pdf1Hulbert v. Pope (4th Cir) - Appellees’ Memorandum Regarding Jurisdiction HOT
pdf2Hulbert v. Pope (4th Cir) - Defendant-Appellant Sgt. Brian T. Pope’s Memorandum On Jurisdiction HOT
pdf3MSI v. Hogan (HQL) (US Dist. Ct, MD) - Memorandum Opinion HOT
pdf4MSI v. Montgomery County (US Dist. Ct, MD) - Plaintiffs’ Corrected Reply In Support Of Plaintiffs’ Motion To Sever And To Remand HOT
pdf5MSI v. Montgomery County (US Dist. Ct, MD) - Defendant's Opposition to Plaintiffs' Motion to Sever and Remand to State Court HOT
pdf6Lawrence v. Maryland (Court of Appeals of Maryland) - Opinion HOT

Decision from Maryland's highest court finding that ...

pdf7Hulbert v. Pope (4th Cir) - Hulberts' Opposition to Pope's Motion to Suspend Briefing HOT
pdf8MSI v. Montgomery County (US Dist. Ct, MD) - Plaintiffs' Motion to Sever and Remand to State Court HOT
pdf9Hulbert v. Pope (4th Cir) - ORDER filed granting Motion to extend filing time HOT
pdf10Hulbert v. Pope (4th Cir.) - Defendants' MOTION to suspend briefing pending resolution of a motion for reconsideration , to extend filing time for opening brief and appendix until August 18, 2021 HOT
pdf11MSI v. Montgomery County (US Dist. Ct, MD) - Defendant's Notice of Intent to file Cross-Motion for Summary Judgment and Motion to Dismiss HOT
pdf12Hulbert v. Pope (4th Cir.) - Defendant's Response Re Suggestion of Death HOT
pdf13MSI v. Montgomery County (US Dist. Ct, MD) - Notice of Removal HOT
pdf14Opinion in Walker v. Donahoe (4th Cir) HOT

3-judge panel decision upholding the stop of an individual in West Virginia who was legally openly carrying an AR15 rifle while walking.

pdf15Hulbert v Pope (4th Cir) - Order Granting Motion to Substitute Party HOT
pdf16Hulbert v Pope (4th Cir) - Appellees' Response to Suggestion of Death HOT
pdf17Hulbert v. Pope (4th Cir) - Appellees' Motion to Substitute Party HOT
pdf18Hulbert v. Pope (4th Cir) - Appellant's Amended Suggestion of Death HOT
pdf19Hulbert v. Pope (4th Cir) - Briefing Order HOT

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. 

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Contact Info

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Maryland Shall Issue®, Inc.
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Baltimore, MD 21234-2150

Phone:  410-849-9197