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 The appeal also asks the Court of Special Appeals to overrule its outdated precedent (Snowden and Scherr) on which the State Police and the Handgun Permit Review Board erroneously continue to rely.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.
On August 6, 2019, the Maryland State Police announced that they were changing their standard operating procedure with respect to restrictions placed on carry-permits issued to business owners. Under this new policy, business owners who otherwise establish a "good and substantial reason" for a carry permit will be issued such a permit without any restrictions. Previously, the permits issued to such owners were restricted to "while conducting business." A copy of this State Police announcement can be found HERE. Apparently, the Maryland State Police intends to take steps to apply this new policy to business owners who have appealed the prior restriction to the Handgun Permit Review Board or have appeals pending on this restriction before the Office of Administrative Hearings. We suggest that persons with such pending appeals contact the State Police Licensing Division concerning their status.
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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.
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Headquarters:
Maryland Shall Issue®, Inc.
1332 Cape St. Claire Rd #342
Annapolis, MD 21409
Phone: 410-849-9197
Email:
Web: www.marylandshallissue.org
