Maryland Wear and Carry Permits

 

  handguniniwbholster

Last updated 9/18/2022

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    On June 23, 2022, the United States Supreme Court rendered its opinion in New York State Rifle and Pistol Association (NYSRPA) v. Bruen, striking down as unconstitutional New York's "proper cause" requirement for issuance of a permit to carry a handgun. The Court confirmed what we've long believed to be true; that there exists a right to carry a handgun for self-defense beyond one's home. New York's "proper cause" requirement is indistinguishable from Maryland's "good and substantial reason" requirement for issuance of a carry permit. The opinion leaves no doubt that Maryland's "good and substantial reason" requirement is unconstitutional:

The constitutional right to bear arms in public for self-defense is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780 (plurality opinion). We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.

New York’s proper-cause requirement violates the Fourteenth Amendment in that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms. We therefore reverse the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.

-New York State Rifle & Pistol Association Inc. v. Bruen, 597 U.S. ___ (2022)

"Good and substantial reason" is unconstitutional and is therefore unenforceable. Full stop.

    On July 5th, 2022, Governor Larry Hogan issued the following statement:

“Over the course of my administration, I have consistently supported the right of law-abiding citizens to own and carry firearms, while enacting responsible and common sense measures to keep guns out of the hands of criminals and the mentally ill.

“Last month, the U.S. Supreme Court struck down a provision in New York law pertaining to handgun permitting that is virtually indistinguishable from Maryland law. In light of the ruling and to ensure compliance with the Constitution, I am directing the Maryland State Police to immediately suspend utilization of the ‘good and substantial reason’ standard when reviewing applications for Wear and Carry Permits. It would be unconstitutional to continue enforcing this provision in state law. There is no impact on other permitting requirements and protocols.

“Today’s action is in line with actions taken by other states in response to the recent ruling.”

    In response, the Maryland State Police provided this advisory

The Maryland State Police Licensing Division is in the process of updating the Licensing Portal to reflect these changes. Until these updates are complete, applicants submitting a Wear and Carry Permit application are directed to select “Personal Protection / Category Not Listed Above” as their “Handgun Permit Category”. Applicants are not required to attach documents to the “PERSONAL PROTECTION DOCUMENTATION” section on the “Upload Documents” page of the Wear and Carry Permit application.

Additional information and a link to the Licensing Portal, can be found on the Maryland State Police website. Maryland State Police Licensing Division.

    We welcome the Governor's order and the decision to comply with the Supreme Court's decision in Bruen. For the first time in decades, ordinary responsible, law-abiding citizens in Maryland will have their Second Amendment right for self-defense outside the home respected. We stress that permit holders, nationwide, are the most law-abiding persons there are, with crime rates far below that of commissioned police officers. The Second Amendment is not a threat to the public. It protects the right of self-defense and that protection is fully consistent with public safety.

     Separately, the Maryland Court of Special Appeals found that the "good and substantial reason" requirement is unconstitutional under the 2nd Amendment. Find their opinion HERE. The US Court of Appeals for the Fourth Circuit has also vacated and remanded MSI's challenge to MD's requirements, Call v. Jones to the lower court to be dismissed as moot. You can read the joint motion filed by plaintiffs and the State of Maryland HERE.

Read below for more in-depth information on how Maryland Wear and Carry Permits work.

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    Maryland has a blanket ban on the carriage and transport of handguns within the state, with exceptions. One of those exceptions is for those who've been issued a license, known as a Wear and Carry Permit, which is required to be able to lawfully carry a handgun concealed or openly in public for self-defense (concealed and open carry are both lawful with a permit). This permit is described in State law under Maryland Public Safety Article §§ 5-301 through 5-314 and is issued by the Maryland State Police (MSP) through its Licensing Division (MSPLD). The Licensing Division follows its own Standard Operating Procedures for how permits are issued and managed. Applicants for a permit must satisfy several requirements before being considered qualified. The process typically takes between 60 to 90 days for most applicants. On June 23rd, the US Supreme Court issued its opinion in New York State Rifle & Pistol Association Inc. v. Bruen, 597 U.S. ___ (2022), finding among other things that schemes that require those who wish to carry a handgun in public demonstrate a need to authorities are unconstitutional under the 2nd and 14th Amendments. Maryland's "good and substantial reason" requirement for issuance of a permit to carry a handgun is one such scheme.

    Of course, as Bruen now holds, the State Police may not require any "good and substantial reason" before issuing a permit. The decision makes clear that law-abiding, responsible adults have a constitutional right to protect themselves with a handgun, which is the "quintessential self-defense" weapon, as the Supreme Court held in District of Columbia v. Heller (2008). While we believe that the Court's holding in Bruen is clear, MSI is currently a party in Call v. Jones, which is a challenge in the federal court system against Maryland's permitting scheme. This case is currently before the US Court of Appeals for the Fourth Circuit and was being held in abeyance (on pause) pending the outcome of New York State Rifle and Pistol Association v. Bruen. Now that Bruen has been decided, that case will proceed. Maryland need only announce that it will comply with Bruen. If Maryland refuses to follow Bruen, the litigation in Call is designed to force that result upon Maryland through an injunction. We are hoping that Maryland will yield and not force the issue. But, if they do, we will not hesitate to enforce the Court's ruling in Bruen in Maryland.

    Maryland's other requirements for a carry permit are not currently directly affected by the decision in Bruen. While Maryland cannot require a "good and substantial reason" for permits, its training, fingerprinting, and background check requirements for a carry permit are still the law. NYSRPA did NOT convert Maryland (or any other state) into a permitless state. Carry permits issued by Maryland are still required by law to carry a handgun in public. Maryland still does not currently recognize carry permits issued by any other state.

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Who is Eligible for a Permit?

The Maryland State Police Licensing Division (MSPLD) issues permits to applicants in accordance with Md. Public Safety Art. § 5-306. Generally, this is to all responsible, law-abiding persons not prohibited by state or federal law from possessing firearms (with exceptions) and of at least 21 years of age and who complete the state's requirements. The right to carry a handgun for self-defense is all the reason one needs to apply for an unrestricted permit. Permit applicants must submit completed applications through the Maryland State Police Licensing Portal that include proof of training or exemption, fingerprints, passport-style photo, and $75 non-refundable fee. Use of the portal does require one to have an email address. Maryland does issue permits to residents of other states, but they must be trained (or training exempt) by a MSP Qualified Handgun Instructor and must be LiveScan fingerprinted by an entity in Maryland.

Md. Public Safety Art. § 5-306(a)

(a) Subject to subsection (c) of this section, the Secretary shall issue a permit within a reasonable time to a person who the Secretary finds:
 (1) is an adult;
 (2)(i) has not been convicted of a felony or of a misdemeanor for which a sentence of imprisonment for more than 1 year has been imposed; or
     (ii) if convicted of a crime described in item (i) of this item, has been pardoned or has been granted relief under 18 U.S.C. § 925(c);
 (3) has not been convicted of a crime involving the possession, use, or distribution of a controlled dangerous substance;
 (4) is not presently an alcoholic, addict, or habitual user of a controlled dangerous substance unless the habitual use of the controlled dangerous substance is under legitimate medical direction;
 (5) except as provided in subsection (b) of this section, has successfully completed prior to application and each renewal, a firearms training course approved by the Secretary that includes:
  (i) 1. for an initial application, a minimum of 16 hours of instruction by a qualified handgun instructor; or
       2. for a renewal application, 8 hours of instruction by a qualified handgun instructor;
  (ii) classroom instruction on:
      1. State firearm law;
      2. home firearm safety; and
      3. handgun mechanisms and operation; and
  (iii) a firearms qualification component that demonstrates the applicant's proficiency and use of the firearm; and
 (6) based on an investigation:
  (i) has not exhibited a propensity for violence or instability that may reasonably render the person's possession of a handgun a danger to the person or to another; and
  (ii) has good and substantial reason to wear, carry, or transport a handgun, such as a finding that the permit is necessary as a reasonable precaution against apprehended danger.

Applicants under the age of 30 face extra scrutiny at § 5-306(c)

(c) An applicant under the age of 30 years is qualified only if the Secretary finds that the applicant has not been:
 (1) committed to a detention, training, or correctional institution for juveniles for longer than 1 year after an adjudication of delinquency by a juvenile court; or
 (2) adjudicated delinquent by a juvenile court for:
  (i) an act that would be a crime of violence if committed by an adult;
  (ii) an act that would be a felony in this State if committed by an adult; or
  (iii) an act that would be a misdemeanor in this State that carries a statutory penalty of more than 2 years if committed by an adult.

Training

Maryland Wear and Carry Permit Training must be completed before submission of an application. Under Md. Public Safety Art. § 5-306 and COMAR Sec. 29.03.02.05, these classes must consist of material on state (Maryland) firearm law, home firearm safety, handgun mechanisms and operation, and a firearms qualification component that demonstrates the applicant’s proficiency and use of the firearm. Unless otherwise exempt from the training requirements, an applicant must get this training from an MSP Qualified Handgun Instructor and complete a 16-hour training course for an initial application with a minimum 70% accuracy rating by the applicant during the live fire portion of the class. These classes often run anywhere from $250 to $400 and up. An 8-hour course will be required upon renewal of an issued permit. Maryland permits are valid for two years for the first permit and for three years for renewals.

Who is exempt from the training?
Md. Public Safety Art. § 5-306(b)

(b) An applicant for a permit is not required to complete a certified firearms training course under subsection (a) of this section if the applicant:
 (1) is a law enforcement officer or a person who is retired in good standing from service with a law enforcement agency of the United States, the State, or any local law enforcement agency in the State;
 (2) is a member, retired member, or honorably discharged member of the armed forces of the United States or the National Guard;
 (3) is a qualified handgun instructor; or
 (4) has completed a firearms training course approved by the Secretary.

The Maryland State Police have a list of Instructors HERE, but we also encourage you to visit our 2A-Friendly Businesses section for available lessons from entities that support MSI by becoming Corporate Members. Click on the "Firearms Instruction" tab.

Wear and Carry Permit Course of Fire (See Basic Practical Handgun Course on page 3)
Certified Qualification Score Sheet

Qualified Handgun Instructors are defined in Md. Public Safety Art. § 5-101(q) as:

(q) “Qualified handgun instructor” means a certified firearms instructor who:
 (1) is recognized by the Maryland Police and Correctional Training commissions;
 (2) has a qualified handgun instructor license issued by the Secretary; or
 (3) has a certification issued by a nationally recognized firearms organization.

They are further described in Code of Maryland Regulations (COMAR) Title 29, Subtitle 3, Chapter 29.03.01, §§ 29.03.01.37 - 29.03.01.41.

A current firearms instructor who'd like to be become an MSP Qualified Handgun Instructor and provide the Wear and Carry Course can submit their credentials through the MSP's website HERE. Once a certificate is returned by the MSP, the instructor will be able to provide Maryland courses and will be listed publicly on their website.

Applications for Wear and Carry Permits can only be submitted online via the Maryland State Police Licensing Portal. Applications can be started at any time, but only submitted once all requirements are fulfilled and the application complete. All applicants must have a valid email address, as the State Police do not accept paper applications. Here are the steps:

  • As in the Training section, complete training or prepare proof of training exemption (scanned copies of documents in filetypes .pdf, .jpg, .jpeg, .png, .doc, and .docx)
  • Acquire LiveScan fingerprinting for a Wear and Carry Permit (AKA Handgun Permit) Application - Prints for other purposes (i.e., HQL) do not work
    Fingerprints are valid for one year after they're taken

    From MSP's Fingerprinting Page:
    Wear and Carry: 
    Below is the information that you should provide to the LiveScan technician for fingerprinting:

    Agency Authorization Number: 9400082484
    Agency ORI Number: MDMSP6000
    Reason Fingerprinted: MD Public Safety Article, Section 5-305

  • Make an account on the State Police's Licensing Portal
  • Tab over to "HGP Applications" and select the green "START NEW HGP APPLICATION" button
    Start New HGP Application

  • Under "Handgun Permit Category," select "Personal Protection / Category Not Listed Above," then underneath select which type of application this is (New, Renewal, Modification, etc... MSP describes the application types HERE)
    HGP Category

    Application Type

  • Complete the "Application Questionnaire" in full. At Question 15, "Reason for a Handgun Permit," enter "Self-Defense."
    Question 15 Reason for a Handgun Permit

  • Continue filling out the application in full (including requested references)
    • Contact information of current spouse, significant other, co-inhabitant, or most recent partner within the last five years
    • Contact information of at least three unrelated references who've known the applicant for at least two years
  • Provide LIVESCAN fingerprints TCN/PCN code (The prints MUST be for a Wear and Carry Permit (AKA Handgun Permit) and from an authorized entity by the MD Dept. of Public Safety and Correctional Services. LiveScan prints for other purposes do not suffice and the prints are not currently interchangeable.)
  • At the "Documents" section, upload your passport-style photo, and certificate of training completion or exemption
  • There is no need to upload documentation substantiating "self-defense"
  • Complete the application, pay the required $75 fee, and submit.

NOTE: For any applicant who has not received their account activation/confirmation email or their forgot password email in the Licensing Portal: Click "LOG IN" on the Portal home page and then click "FORGOT PASSWORD?" on the Account Log In page. Then enter your email address and click "SUBMIT". You should receive your respective email shortly thereafter.

Currently, applications are being processed within a few weeks, but the State Police may take up to and could exceed 90 days before deciding on whether or not to issue a permit. Md. Public Safety § 5-306(a) states that the Maryland State Police shall issue a permit within a "reasonable timeframe" and § 5-312(a)(2) provides:

(2) A person whose application for a permit or renewal of a permit is not acted on by the Secretary within 90 days after submitting the application to the Secretary may request a hearing before the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings.

In their Frequently Asked Questions section of the Wear and Carry Permit page, the State Police say:

Please note, wear and carry permit applications can take up to 90 days to process. If your application has been submitted for more than 90 days, please contact the Handgun Permit Unit for further instructions.

Also, Processing of Handgun Permit Applications SOP 29-19-004 at .05 Procedures, A. Responsibilities 3. states:

The Handgun Permit Unit personnel will:
a. ensure all permits are issued in accordance with: 18 U.S.C. §922(g) (1-9), Annotated Code of Maryland, Public Safety Article, Title 5, Sub-Title 3, Annotated Code of Maryland, Public Safety Article §5-133 and the Code of Maryland Regulations, Title 29.03.02.
b. within three business days of receipt, applicable applications will be forwarded to the Administrative Investigation Unit, to conduct a background investigation, as required in the Annotated Code of Maryland, Public Safety Article, §5-306.
c. ensure all applicants meet the requirements outlined in the Annotated Code of Maryland, Public Safety Article, §5-306.
d. ensure approval or denial of all initial applications within 90 days of the receipt of an accepted application.
e. ensure approval or denial of all renewal applications within 45 days of the receipt of an accepted application.
f. track all applications, initial and renewal, to ensure issuance within 90 days or 45 days respectively.
g. act as the liaison between the Licensing Division, the Handgun Permit Review Board* and the Office of Administrative Hearings.
h. maintain all records, and track all decisions issued by the Handgun Permit Review Board* and the Office of the Administrative Hearings.

*The Handgun Permit Review Board no longer exists. It was legislatively repealed in 2018.

Handgun Qualification License Issuance

If you do not already have a Maryland Handgun Qualification License (HQL), the license Maryland requires to be able to purchase handguns, you can request one from the MSP at no added cost and without further training after being issued a Wear and Carry Permit. The State Police have a separate portal for applying for the HQL here: https://emdsp.mdsp.org/egov/Home.aspx.

Create an account and then when applying, make the following selections pictured below and click "Start Application"

hqlfromcarrypermitexemption

On 7/22/2022, the State Police issued an update on their efforts to meet the increased demand for permits and address many of the common problems encountered with incomplete applications. 

Permit Restrictions

As of 7/7/2022, any restrictions printed on the reverse side of previously-issued permits are not in effect and are no longer being issued prospectively. See Maryland State Police Licensing Division Advisory LD-HPU-22-003 "W&C Permit Modifications".

MSI recommends applying for a $10 modification for a card explicitly without restrictions. Carry permit holders are still exceedingly rare in Maryland and law enforcement agencies do not regularly encounter them. Being wrongfully detained is still a risk.

For those who have been recently disapproved of a permit for lack of "good and substantial reason" and are within the time frame to request an Informal Review with the State Police, do so and again, state you are seeking it for "Self-Defense."

For those denied outright by the MSP, or if a permit contains unacceptable restrictions, options are available to seek the issuance or modification of a permit. Within 10 days of denial, one must appeal in writing to either the MSP to ask for an "Informal Review" or to the Maryland Office of Administrative Hearings (OAH). Appeals may also be taken to the OAH within 10 days of any decision of the MSP after an Informal Review.

Maryland State Police Informal Review
The MSP will allow applicants to present any further information regarding their denial to more senior management within the Licensing Division. Unless provided significant new information at that time, it is unlikely MSP's initial decision is affected.

Maryland OAH Formal Appeal
OAH hearings are run by Administrative Law Judges (ALJs) and are quasi-formal trials with rules and procedures. Additional evidence can be submitted at these hearings. In an OAH proceeding, the focus is on whether the MSP’s decision should be sustained and the applicant bears the burdens of proof and persuasion. The ALJ gives deference to the MSP’s determination. An attorney is not legally required but is necessary as a practical matter. Decisions of the ALJ can be appealed to circuit court.

Places and Times In Which Firearms Can Not Be Legally Carried by a Permit Holder

AdditionallyMd. Criminal Law § 4-209 gives local jurisdictions narrow authority to create their own prohibitions on where firearms may be carried or possessed and by whom. Check local jurisdictions' codes for any restrictions. Permit holders should be aware of Md. Criminal Law § 4-206, which guides how law enforcement officers may determine whether an individual is armed legally.

Unlawfully carrying a handgun in violation of Md. Criminal Law § 4-203(a)(1)(i) is also a strict liability crime, which means there is no requirement that the individual knowingly or willfully carried in violation of the law. For more on this, read our article on the recent Maryland Court of Appeals case Lawrence v. State HERE.

Reciprocity

Maryland does not currently recognize the permits of any other state or American territory. Md. Code Public Safety § 5-303 states:

A person shall have a permit issued under this subtitle before the person carries, wears, or transports a handgun.

Put simply, unless one has a permit issued by the Maryland State Police, they cannot carry a handgun legally in MD (not counting law enforcement or those issued a permit under LEOSA). Residents of other states can apply for a Maryland permit no differently than Maryland residents, however. Applicants must be trained (or training exempt) by a MSP Qualified Handgun Instructor and must be LiveScan fingerprinted by an entity in Maryland. Many states do recognize Maryland permits and some states will issue their permit to a Maryland resident who holds a Maryland Wear and Carry permit. See the HandgunLaw.us page for Maryland for more information on reciprocity.

History

It was not until 1809 that Maryland prohibited any carry of weapons, but that legislation criminalized only the carrying of a weapon “with the intent feloniously to assault any person.” Archives of Maryland 570:94. Any carry, concealed or open, with no permit required, was still legal as long as it was without felonious intent. In 1831, in reaction to the Nat Turner Rebellion in Virginia, Maryland enacted a statewide law that requires free blacks (only) to obtain a license from a local court for possession or carry (open or concealed) of firearms. Archives of Maryland 213:448. Maryland did not ban any type of carry for other citizens until 1866, when it banned concealed carry, but still allowed open carry. Archives of Maryland 389:468-9. This law was likely passed as a result of the assassination of President Lincoln in 1865, and the abolition of slavery at the 1864 Maryland Constitutional Convention. Since blacks could no longer be directly legislated against, the 1831 law was dropped and the concealed carry prohibition was made general – but could be selectively enforced.

In 1884, Maryland changed its law to once again permit concealed carry, providing that concealed carry was illegal only when arrested and charged with another crime. Archives of Maryland 390:522-3. That approach likewise allowed discriminatory enforcement. The most likely reason for this enactment was that it was thought that 1866 total ban was unconstitutional. In 1904, after more than 300 years of legal concealed carry for non-black Maryland citizens, with no permit required, concealed carry is again made illegal in Maryland, but this time with the exception for “carrying such weapon as a reasonable precaution against apprehended danger.” Archives of Maryland 209:4025-6. The exception again allowed selective enforcement, while keeping it from being a total ban. It was not until 1972 that open or concealed carry of handguns was banned without a permit from the State Police. Archives of Maryland 708:48-51. This law was likely a reaction to the Baltimore Race Riots of 1968, and is strikingly similar in its licensing requirements to the 1831 legislation that licensed carry by freed blacks.

The common thread that runs throughout this history is racist fears. This history matters legally because, as discussed above, the appropriate test under the Second Amendment is one of text, history and tradition. That is precisely the test adopted by the Supreme Court in Bruen. Maryland’s history is typical of gun control nationwide. See Clayton E. Cramer, The Racist Roots of Gun Control, 4 Kan. J.L. & Pub. Pol’y 17, 20 (1995) (“The various Black Codes adopted after the Civil War required blacks to obtain a license before carrying or possessing firearms or bowie knives .... These restrictive gun laws played a part in provoking Republican efforts to get the Fourteenth Amendment passed.”). That reality was also noted in Heller, 554 U.S. at 614–16, and by Justice Thomas in concurring in McDonald v. City of Chicago, 561 U.S. at 844-847. That is a legacy of shame. Law-abiding persons of all races, not just the privileged few, should be allowed to protect themselves legally.

You can read the bill file from the 1972 handgun control legislation that ushered in Maryland's modern restrictions on carrying handguns in public HERE.

*The following groups were the only typically issued permits under Maryland's unconstitutional "good and substantial reason" scheme. These restrictions and requirements are no longer in effect.*

Businesses Owners and Certain Endorsed Employees
Business owners were typically issued permits upon demonstrating that they operate an active business. This usually requires the applicant to have a business bank account and can show that it is conducting business transactions and deposits. An applicant might also be someone who had been endorsed by their employer for a permit based on the nature of the work they do, such as picking up or depositing cash or other goods and valuables.

Assumed Risk Professionals
Judges, prosecutors, defense attorneys, and other professionals who could be targeted because of the dangers involved with their work.

Top-Secret Clearance Holders
Those with active top-secret government clearances were generally eligible so long as they were able to prove they held such a clearance.

"Personal Protection"
Those who could document (with police reports or protective orders) that they were specifically at risk of imminent danger or targeted by others wishing to do them harm.

Bail Bondsmen, Security Guards, Special Police, Private Detectives, Armored Car Drivers, and Private Security Officers
Those with these tasks and jobs were typically eligible for carry permits so long as they were able to verify with documentation the work and duties they perform.

Lawsuits

NOTE: The cases here refer to the Handgun Permit Review Board, a quasi-judicial body created by the 1972 legislation that established MD's permitting system. The board's existence was eliminated as a result of legislation in 2018. MSI had requested a veto from Governor Larry Hogan, who denied the request.

Snowden v. Handgun Permit Review Board, 413 A.2d 295, 45 Md.App. 464 (Md. App. 1980) - Upholding a reading of "good and substantial reason" to mean that the applicant bears the burden of demonstrating specifically why they need to carry a handgun more than their personal anxiety or say-so. Abrogated by Bruen.

Scherr v. Handgun Permit Review Board, 163 Md.App. 417, 880 A.2d 1137 (Md. App. 2005) - Re-affirming the Court of Special Appeals' prior holdings in Snowden, and additionally rejecting 2nd Amendment arguments in support of the right to keep and bear arms. Abrogated by Bruen.

Williams v. State, 417 Md. 479, 10 A.3d 1167 (Md. 2011) - Holding that regulations on carrying firearms outside the home are "outside of the scope of the Second Amendment, as articulated in Heller and McDonald". Abrogated by Bruen.

Woollard v. Gallagher, 712 F.3d 865 (4th Cir. 2013) - Upholding Maryland's requirement that an applicant for a carry permit demonstrates a "good and substantial reason" for issuance of a permit. Abrogated by Bruen and by In the Matter of William Rounds, No. 1533 (Md. App. 2022).

Whalen v. Handgun Permit Review Board (Md. App. 2020) - Unreported opinion where the Court of Special Appeals agreed with a lower court that plaintiff did not establish a 2nd Amendment claim before the Handgun Permit Review Board in his initial appeal and could not bring it before the court. The court also agreed with the board's finding that the applicant lacked a "good and substantial reason" for issuance of a permit. This case was dismissed.

 

New York State Rifle & Pistol Association Inc. v. Bruen, 597 U.S. ___ (2022) - Finding that the 2nd and 14th Amendments protect an individual's right to carry handguns publicly for self-defense and in so doing, deeming New York's "proper cause" requirement for issuance unconstitutional. This is indistinguishable from Maryland's "good and substantial reason" requirement. Importantly, the majority in Bruen also finds that the tiered scrutiny, interest balancing approach used by lower courts in deeming the constitutionality in 2nd Amendment challenges is inappropriate:

Today, we decline to adopt that two-part approach. In keeping with Heller, we hold that when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation's historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation's historical tradition may a court conclude that the individual's conduct falls outside the Second Amendment's "unqualified command." Konigsberg v. State Bar of Cal.,366 U.S. 36, 50, n. 10 (1961)

New York State Rifle & Pistol Assn., Inc. v. Bruen, No. 20-843, 13 (U.S. Jun. 23, 2022)

Maryland's subjective carry permit requirements were previously upheld in Woollard v. Gallagher under the two-part test dispensed with in Bruen.

Fooks v. State, No 269 (Md. App. 2022) - Post-Bruen decision upholding prohibitions on gun possession under Sections 5-133(b)(2) and 5-205(b)(2) of the Public Safety Article.

In the Matter of William Rounds, No. 1533 (Md. App. 2022) - The Maryland Court of Special Appeals applies Bruen to hold that Md. Public Safety § 5-306(a)(6)(ii), the "good and substantial reason" requirement for issuance of a permit, is unconstitutional under the 2nd Amendment of the United States Constitution.

In the Matter of Edward Whalen, No. C-03-CV-21-000853 (Balt. Co Cir.Ct) Dismissed as Moot - Challenge of applicant's denial of a permit for lack of "good and substantial reason." Denial of permit reversed in light of Bruen.
6/29/22 - Petitioner's Motion for Summary Reversal
6/30/22 - Petitioner's Notice of Supplemental Authorities
7/12/22 - Reply to Petitioner's Motion for Summary Reversal
7/12/22 - Petitioner's Consent To Dismissal On Grounds Of Mootness

Maryland Shall Issue, Inc. et al. v. Montgomery County (MoCo Cir.Ct) (Ongoing) - Includes a 2nd Amendment challenge to Montgomery County's various firearms prohibitions in 2021's Bill 4-21 and County Code Section 57-11.

Helpful Resources

-HandgunLaw.us - Maryland
-List of prohibitors from firearms possession under Maryland State law
-List of prohibitors from firearms possession under Federal law
-Maryland Criminal Law, Title 4. Weapons Crimes
-Maryland Public Safety Article, Title 5. Firearms
-Code of Maryland Regulations (COMAR) - Title 29. Maryland State Police, Subtitled 03. WEAPONS REGULATIONS
-Slip Opinion in New York State Rifle & Pistol Association Inc. v. Bruen, 597 U.S. ___ (2022)
-July 6th, 2022 Advice Letter from the Maryland Office of the Attorney General in regards to the legality of "good and substantial reason"
-Maryland State Police Licensing Division
-Maryland State Police Licensing Division - Wear and Carry Permits
-Maryland State Police - Processing of Handgun Permit Applications SOP 29-19-004
-Maryland State Police Licensing Portal
-Maryland State Police Licensing Portal User Guide
-Maryland State Police Criminal Enforcement Division
-List of LiveScan Fingerprint Providers
-List of Maryland State Police Qualified and Certified Handgun Instructors
-Wear and Carry Permit Course of Fire
-Certified Qualification Score Sheet


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Contact Info

Mailing Address:

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

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