Maryland Shall Issue, Inc. et al v. Montgomery County, Maryland

ladyjustice
 
On May 28, 2021, Maryland Shall Issue, Engage Armament, ICE Firearms & Defensive Training, and several residents of Montgomery County, Maryland, filed suit against the County, challenging its enactment of Bill 4-21. That Bill criminalizes the mere possession of privately made firearms without providing compensation and redefines the meaning of "place of public assembly" to encompass virtually the entirety of Montgomery County just in order to criminalize otherwise perfectly lawful firearms possession in the home and elsewhere. The suit seeks declaratory and injunctive relief and an award of damages, including punitive damages. 

You can read the complaint HERE.

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Hulbert v. Pope goes to Trial!



We at Maryland Shall Issue send our deepest condolences to the family and friends of Jeff Hulbert. Jeff passed this morning (5/3/2021) surrounded by his loved ones after a lengthy and valiant battle against cancer. He was an outspoken and stalwart proponent of individual rights and a fierce supporter of the Right to Keep and Bear Arms. Jeff founded the Patriot Picket, a group that "hits the bricks" with stylized signs and pointed political messages in promotion and defense of those rights. Please keep the Hulbert family in your thoughts and prayers as we remember and honor Jeff.



A Decision Three Long Years in the Making (and it still isn't over)

The First Amendment protects the right to advocate so in fundamentally important ways, the First Amendment helps protect the Second Amendment. The Fourth Amendment protects against unreasonable searches and seizures, including unlawful arrests. So when two MSI members, Jeff and Kevin Hulbert, were arrested on the sidewalks of Annapolis on the evening of February 5th, 2018 for holding edgy signs that criticized the powers that be in the General Assembly, MSI and the Hulberts swiftly filed suit in federal court in Baltimore for a violation of their First Amendment and Fourth Amendment rights. The arresting officers were named as defendants, but they are represented by counsel from the State Attorney General's Office.

Video of arrests on 2/5/2018 - "1st Amendment Under Attack"

In an opening gambit, the defendants first moved to dismiss the complaint for failure to state a claim, but that effort failed when the Court didn't buy it. Then extensive discovery ensured, which was delayed with the pandemic. That discovery showed that the arrests that night stemmed from a call from the Governor's mansion to have the group moved because the "mansion" did not want to be bothered with questions or attempts at conversations by the protestors. Everyone (including the defendants and other officers at the Capitol Police) admitted that these orders came from the "mansion," but, amazingly, no one at the "mansion" could identify who gave the orders. We did discover that such orders happen as often as twice a month, or whenever someone at the "mansion" decides that the "mansion" does not want to deal with completely peaceful protestors lawfully exercising their First Amendment rights. We can only wonder at the identity of this "mansion" person.

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March Litigation Update and Other News



1. The Rapid Fire Trigger Activator case:  The Supreme Court case is MSI v. Hogan, No. 20-855 (US).  There, MSI and the individual plaintiffs have challenged as a Taking Maryland's ban on possession of previously lawfully owned and acquired "rapid fire trigger activators."  We lost that challenge in the Fourth Circuit in a split 2-1 decision, with a compelling and lengthy dissent by Judge Richardson. MSI v. Hogan, 963 F.3d 356 (4th 2020). We have thus filed a petition for certiorari with Supreme Court, asking the Court to review the Fourth Circuit's ruling.  MSI also filed an amicus brief with the Court of Appeals for the Federal Circuit in The Modern Sportsman, LLC v. United States, No. 20-1077 (Fed. Cir.), where a similar Takings issue is pending arising from the ATF's regulatory ban on bump stocks. That case was heard by the Federal Circuit at oral argument on December 8 and a decision is pending. The theory is simple:  If the government is going to ban the possession of lawfully acquired private property and thereby destroy all property rights in that property, then the State should pay for it. The State's Opposition to our petition for certiorari is due on March 29, after which we will file a reply brief. We may have a decision by the Court on whether to hear the case in late April or May. If the petition is granted, the case will be fully briefed over the summer with oral argument likely in the Fall. 

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New Challenge to Maryland's Handgun Carry Ban

     On behalf of our members, Maryland Shall Issue, Inc. is proud to announce that we’ve partnered with the Firearms Policy Coalition, the Second Amendment Foundation, and Citizens Committee for the Right to Keep and Bear Arms in bringing a new legal challenge to Maryland’s unconstitutional ‘wear and carry’ permit requirements.


     The ‘good and substantial reason’ requirement for issuance of a permit imposed by Maryland law has long been used to effectively disqualify the vast majority of law-abiding Marylanders of their right to carry a handgun for the lawful purpose of self-defense. The time has come to end Maryland’s subjective and discriminatory law and regulations. The people of Maryland have a fundamental right to protect themselves in public.

Read the complaint
HERE
 
You can follow the case's progress HERE

9th Circuit Rules Magazines Capable of Holding more than 10 Rounds are Protected by the 2nd Amendment

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On August 14th, a panel of the US Court of Appeals for the 9th Circuit ruled 2-1 that magazines capable of holding more than 10 rounds of ammunition are indeed protected by the 2nd Amendment. As such, California's ban on the possession of these common items has been found unconstitional by the court. We welcome and agree with the majority opinion. California can seek rehearing en banc before a panel of 11 judges in the 9th Circuit and/or file a petition for certiorari before the United States Supreme Court.

You can read the opinion in Duncan v Becerra HERE


Handgun Qualification License ON TRIAL!

HQL photo

We are pleased that the court of appeals has allowed this important Second Amendment challenge to the Maryland Handgun Qualification License (HQL) to proceed to the merits.  We look forward to further proceedings in District Court.

You can read the opinion from the US Court of Appeals for the Fourth Circuit HERE


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

 MSIvHogan 18 2474 4CA Opinion

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

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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


Maryland Shall Issue Argues Against the HQL Before the US Court of Appeals for the Fourth Circuit

Maryland Shall Issue, Inc., its members and Atlantic Guns were represented in the United States Court of Appeals for the Fourth Circuit (Richmond, VA) on the morning of May 6th via teleconference, appealing the lower court's dismissal of the Maryland Handgun Qualification License lawsuit on standing grounds.

MSI and it's members consider the HQL requirement (and it's provisions, such as one live round, fees, fingerprinting, etc.) an egregious infringement upon the rights of Marylanders to acquire the means to their own defense.

Please consider supporting MSI's and its all volunteer membership's efforts, on your behalf, by joining and/or donating to our shared cause.

Listen to the oral argument recording of Maryland Shall Issue, inc. v Lawrence Hogan (19-1469) below

You can find additional info, including briefs in this case and info on 2nd Amendment-related challenges across the country in the Litigation Tracker.


Shooting Ranges and Dealers Are Critical Infrastructure and May Remain Open!

Gun Ranges and and Federal Firearms Licensees may remain open!

Governor Hogan's latest order (dated March 30, 2020) states:

This Order controls the occupancy and use of all businesses, organizations, establishments, and facilities that are not part of the critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (currently described at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19) (collectively, “Non-Essential Businesses”).

That cross reference to the DHS website is controlling as to the scope of the Governor's definition of "non-essential businesses."  Stated differently, the order expressly does NOT apply to businesses that are part of the "critical infrastructure sectors," as defined by DHS.  That cross reference thus requires reference to the DHS site in order to determine what is a "critical infrastructure" business. 

At that DHS website is the Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0 (March 28, 2020), available at https://www.cisa.gov/sites/default/files/publications/CISA_Guidance_on_the_Essential_Critical_Infrastructure_Workforce_Version_2.0_Updated.pdf.  That document sets out the "identified essential critical infrastructure workers," which includes:  "Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges."  Those businesses may remain open, including "firearm or ammunition . . . retailers" and "shooting ranges." 

We endorse the Governor's recommendations for safe practices while at these facilities.  See https://coronavirus.maryland.gov/.  If you have any questions on the scope of the Governor's orders, you should consult your lawyer.  The Governor's orders have the force of law and a violation of the orders is a criminal misdemeanor.  See MD Code, Public Safety, § 14-114. 

Link to Governor Hogan's Fourth Executive Order

Link to the latest guidance from the Department of Homeland Security


Gun Case Tracker

Tracking gun-related litigation from around the country.
Generously provided and updated by Rob Romano at 2Aupdates and Firearms Policy Coalition.

Maryland Shall Issue, Inc. Litigation
Current
Maryland Shall Issue v. Montgomery County (Privately-made firearms, carry prohibitions) - Circuit Court for Montgomery County, MD Case# 485899-V
Call v Jones III (Carry Permits) - United States District Court for the District Court of Maryland Case# 1:20-cv-03304
Hulbert v Pope (1st Amendment) - United States District Court of Appeals for the Fourth Circuit Case# 21-1608
Maryland Shall Issue v Hogan
(Handgun Qualification License) - United States District Court for the District Court of Maryland Case# 1:16-cv-03311


Past
Maryland Shall Issue v Hogan (SB707 2017, RFTA takings) - Supreme Court of the United States (Docket no. 20-855) - Cert Denied
Whalen v Handgun Permit Review Board (Good and substantial reason) - MD Court of Special Appeals Case# CSA-REG-2431-2018 - Dismissed
Kolbe v Hogan ("Assault Weapons," magazine capacity restrictions) - Fourth Circuit upheld MD's weapons and magazine bans, Cert Denied by US Supreme Court
John Doe, et al vs Marcus L Brown, et al (Maryland State Police mishandling of personal data) - Circuit Court for Anne Arundel County Case# 02-C-13-181857 - Voluntarily dismissed
Doe, et al vs Brown, et al - Circuit Court for Baltimore County Case# 03-C-13-005388 - Dismissed

Of interest:
Woollard v Gallagher (Good and substantial reason) - Fourth Circuit upheld MD's "good and substantial reason" requirement for wear and carry permit eligibility, Cert Denied by US Supreme Court

Amicus Filings
Holloway v Rosen - Supreme Court of the United States Case# 20-782
AMICUS BRIEF OF MONTANA SHOOTING SPORTS ASSOCIATION IN SUPPORT OF PETITIONER
The Modern Sportsman, LLC v United States of America - United States Court of Appeals for the Federal Circuit Case# 20-1107
AMICUS BRIEF OF MARYLAND SHALL ISSUE, INC., IN SUPPORT OF APPELLANTS AND REVERSAL

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Maryland Shall Issue has joined the AGC!

 

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MSI is now an AGC club!


Maryland Shall Issue, inc. is proud to announce that it has formally joined the Associated Gun Clubs of Baltimore (AGC) as an Associated Club. Therefore, anyone who is a current member of MSI in good standing is eligible to purchase an AGC range badge upon completion of a range safety orientation. This is an important benefit for members as the AGC range is one of the finest shooting facilities on the East Coast. 

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Whalen v Handgun Permit Review Board Argued Before the Maryland Court of Special Appeals

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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Once Anti-Gun, Now an Advocate for Gun Ownership and Self Defense

 

Darlyn used to completely reject the idea of owning guns. She shares her story of coming to terms with the realities of relying solely on painfully slow government services for her safety and ultimately how she learned to protect herself. Along the way, she provides insight on how to approach those who think like she used to.


Maryland State Police Lifts Permit Restrictions for Business Owners

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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MSI Challenges "Good and Substantial Reason" in New Lawsuit

deniedpermit

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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NRA, MSRPA, and NSSF File Briefs in Support of our Challenge to the HQL

The National Rifle Association, Maryland State Rifle and Pistol Association, and the National Shooting Sports Foundation have filed briefs in support of our challenge against the Handgun Qualification License. The case is currently progressing in the US Court of Appeals for the Fourth Circuit.

We are grateful for the well researched and written briefs!
You can read them at the links below:

Amicus Curiae Brief by NRA and MSRPA

Amicus Curiae Brief by NSSF


Appeal in Handgun Qualification License Lawsuit Filed

On June 24th 2019, Maryland Shall Issue, Atlantic Guns, and the individual plaintiffs filed our opening brief to the United States Court of Appeals for the Fourth Circuit from the district court’s dismissal in our challenge of the Handgun Qualification License. The District Court held that none of the plaintiffs had standing to complain about the HQL. In doing so, the court ignored much of the evidence of record, impermissibly acted as a fact finder on summary judgment and committed numerous errors of law in order to reach the result it did. You can read the newly filed brief HERE.

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Latest News

Maryland Shall Issue, Inc. et al v. Montgomery County, Maryland

 
On May 28, 2021, Maryland Shall Issue, Engage Armament, ICE Firearms & Defensive Training, and several residents of Montgomery County, Maryland, filed suit against the County, challenging its enactment of Bill 4-21. That Bill criminalizes the mere possession of privately made firearms without providing compensation and redefines the meaning of "place of public assembly" to encompass virtually the entirety of Montgomery County just in order to criminalize otherwise perfectly lawful firearms possession in the home and elsewhere. The suit seeks declaratory and injunctive relief and an award of damages, including punitive damages. 

You can read the complaint HERE.

Read more ...

Hulbert v. Pope goes to Trial!



We at Maryland Shall Issue send our deepest condolences to the family and friends of Jeff Hulbert. Jeff passed this morning (5/3/2021) surrounded by his loved ones after a lengthy and valiant battle against cancer. He was an outspoken and stalwart proponent of individual rights and a fierce supporter of the Right to Keep and Bear Arms. Jeff founded the Patriot Picket, a group that "hits the bricks" with stylized signs and pointed political messages in promotion and defense of those rights. Please keep the Hulbert family in your thoughts and prayers as we remember and honor Jeff.



A Decision Three Long Years in the Making (and it still isn't over)

The First Amendment protects the right to advocate so in fundamentally important ways, the First Amendment helps protect the Second Amendment. The Fourth Amendment protects against unreasonable searches and seizures, including unlawful arrests. So when two MSI members, Jeff and Kevin Hulbert, were arrested on the sidewalks of Annapolis on the evening of February 5th, 2018 for holding edgy signs that criticized the powers that be in the General Assembly, MSI and the Hulberts swiftly filed suit in federal court in Baltimore for a violation of their First Amendment and Fourth Amendment rights. The arresting officers were named as defendants, but they are represented by counsel from the State Attorney General's Office.

Video of arrests on 2/5/2018 - "1st Amendment Under Attack"

In an opening gambit, the defendants first moved to dismiss the complaint for failure to state a claim, but that effort failed when the Court didn't buy it. Then extensive discovery ensured, which was delayed with the pandemic. That discovery showed that the arrests that night stemmed from a call from the Governor's mansion to have the group moved because the "mansion" did not want to be bothered with questions or attempts at conversations by the protestors. Everyone (including the defendants and other officers at the Capitol Police) admitted that these orders came from the "mansion," but, amazingly, no one at the "mansion" could identify who gave the orders. We did discover that such orders happen as often as twice a month, or whenever someone at the "mansion" decides that the "mansion" does not want to deal with completely peaceful protestors lawfully exercising their First Amendment rights. We can only wonder at the identity of this "mansion" person.

Read more ...

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