Whalen v Handgun Permit Review Board
In the continued fight to promote and defend the right of armed defense that belongs to every responsible, law-abiding Marylander, Maryland Shall Issue is representing MSI member, Holmes Whalen, in an appellate brief filed on July 22, 2019, with the Maryland Court of Special Appeals (Maryland's intermediate level appellate court). Mr. Whalen was arbitrarily denied a permit by the State Police and that denial was sustained by the Handgun Permit Review Board and by the Baltimore City Circuit Court.
The appeal challenges the constitutionality of the "good and substantial reason" standard the state uses to deny Maryland citizens the ability to protect themselves in public. The appeal also asks the Court of Special Appeals to overrule its outdated precedent (Snowden and Scherr) on which the State Police and the Handgun Permit Review Board erroneously continue to rely. This case may establish important new precedent in Maryland by making clear the right of self-defense applies to all "the people" protected by the Second Amendment, not merely the tiny select few favored by the State Police. The State has 30 days to file a brief after which we have 20 days to file a Reply. The case is tentatively set for oral argument before the Court of Special Appeals in Annapolis in November.
Read the Brief HERE
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Maryland Shall Issue® is an all volunteer, non-partisan organization dedicated to the preservation and advancement of gun owners' rights in Maryland. It seeks to educate the community about the right of self-protection, the safe handling of firearms, and the responsibility that goes with carrying a firearm in public.
In this case, the appellant, Holmes Whalen, was denied a carry permit by the Maryland State Police and that denial was sustained by the Handgun Permit Review Board. Mr. Whalen challenged that denial in circuit court, contending Maryland's "good and substantial reason" requirement for a carry permit was unconstitutional and that prior Maryland precedent have been superseded by subsequent Supreme Court holdings.
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Maryland Shall Issue®, Inc.
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