Maryland Shall Issue Inc et al. v. Anne Arundel County, MD - Bill 108-21

The federal district court dismissed our "compelled speech" case against Anne Arundel County today, holding that the County's ordinance forcing firearms dealers to distribute the County's views on firearms and suicide did not violate the First Amendment. We respectfully disagree with the Court's opinion. We filed a notice of appeal to the Court of Appeals for the Fourth Circuit and the Court held oral argument on that appeal on December 8, 2023.

UPDATE: 07/13/24:

The Fourth Circuit affirmed the adverse district court decision. We have filed a petition for certiorari with the U.S. Supreme Court. That petition was supported by the amicus brief of West Virginia and 9 other States, which urged the Court to grant the petition. Links to the Petition and the Amicus Brief at set forth below. The County intially waived a response to that petition but the Supreme Court ordered the County to file a response. As extended, the County's response is due August 26, 2024. After that response is filed, we will file a reply brief. The case is currently scheduled for 09/30/24 conference at the Supreme Court. The Supreme Court docket is at: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23-1225.html

3/22/23 - Memorandum Opinion
3/22/23 - Order Granting Denying Plaintiffs' Motion for Summary Judgement, Granting Defendant's Cross-Motion for Summary Judgment

On April 11, Maryland Shall Issue, along with four firearms and ammunition dealers, Field Traders, Cindy's Hot Shots, Pasadena Arms, and Worth-A-Shot, filed a suit in federal district court against Anne Arundel County, MD challenging Bill 108-21, an ordinance that mandates that sellers of firearms or ammunition within the county distribute county-prepared or sponsored literature with each sale and display the materials in their establishments. The complaint alleges that the ordinance is unconstitutional under the First Amendment to the United States Constitution.

If these dealer names sound familiar, it is because they're also parties against Anne Arundel County for its enactment of Bill 109-21. Learn more about that suit HERE.

The dealers are:

Field Traders, LLC, a firearms dealer and manufacturer located in Pasadena, Maryland.
https://fieldtraders.com/

Cindy's Hot Shots, Inc., a shooting range and firearms dealer located in Glen Burnie, Maryland.
https://www.cindyshotshots.com/

Pasadena Arms, Inc., a firearms dealer located in Pasadena, Maryland.
http://pasadenaarmsllc.com/

Worth-A-Shot, Inc., a firearms dealer located in Millersville, Maryland
https://worth-a-shot.com/

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Maryland Shall Issue®, Inc. (MSI) is a Section 504(c)(4), all-volunteer, non-partisan, non-profit 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.

Case Documents and History
US District Court for the District of Maryland Case# 8:21-cv-01736-TDC
4/11/22 - Complaint
4/20/22 - Plaintiffs’ Motion for a Preliminary Injunction and Temporary Restraining Order, or, in the Alternative, for Summary Judgment
4/20/22 - Memorandum In Support of Plaintiffs’ Motion for a Preliminary Injunction and Temporary Restraining Order and in Support of Plaintiffs’ Alternative Motion For Summary Judgment
4/20/22 - Proposed Order
4/21/22 - Letter Order Setting Opposition Filing Deadline of 4/29/22
4/27/22 - Paperless Order on TRO Extension and Hearing Date
5/5/22 - Defendant’s Response To Motion For Temporary Restraining Order and Preliminary Injunction, and Request for the Court to Set Scheduling Order
-County enforcement of Bill 108-21 suspended-
5/5/22 - Defendant - Rule 56(D) Declaration of Counsel
5/6/22 - Plaintiffs' Corrected Reply in Support of Plaintiffs’ Motion for Summary Judgment and in Opposition to Defendant’s Motion for Discovery
5/6/22 - Order canceling 5/10/2022 hearing and converting to telephone conference
5/10/22 - Telephone Conference held on 5/10/2022 before Judge Stephanie A. Gallagher
5/11/22 - Scheduling Order
5/13/22 - Defendant's Answer to Complaint
6/6/22 - Motion to Appear Pro Hac Vice for Eric Tirschwell, Esquire by Anne Arundel County, Maryland
6/6/22 - Motion to Appear Pro Hac Vice for James Miller, Esquire by Anne Arundel County, Maryland
6/6/22 - Motion to Appear Pro Hac Vice for Andrew Nellis, Esquire by Anne Arundel County, Maryland
6/16/22 - Consent MOTION for Protective Order by Cindy's Hot Shots, Inc., Field Traders, LLC, Maryland Shall Issue, Inc., Pasadena Arms, LLC, Worth-A-Shot, Inc.
6/21/22 - PROTECTIVE ORDER. Signed by Judge Stephanie A. Gallagher on 6/21/2022
7/6/22 - Correspondence re: Parties' Joint Request to Modify Scheduling Order
7/6/22 - ORDER granting Parties' 31 Joint Request to MODIFY SCHEDULING ORDER. Signed by Judge Stephanie A. Gallagher on 7/6/2022
8/16/22 - MOTION to Appear Pro Hac Vice for Nina Sudarsan by Anne Arundel County, Maryland
9/13/22 - Correspondence re: Consent Motion to Modify Scheduling Order for deposition of Expert Witness
9/29/22 - Consent Motion to Modify the Scheduling Order
9/29/22 - PAPERLESS ORDER APPROVING Consent Motion to Modify Scheduling Order. Signed by Judge Stephanie A. Gallagher on 9/29/2022.
9/30/22 - Plaintiffs' Motion for Summary Judgment and Memorandum in Support
10/24/22 - Memorandum in Support of Defendant's Cross-Motion for Summary Judgment
10/24/22 - Memorandum in Support of Defendant's Motion in Limine to Exclude Testimony of Plaintiffs' Expert Gary Kleck
10/31/22 - Memorandum of Plaintiffs in Opposition to Defendant's Motion In Limine
11/2/22 - Consent REQUEST for Extension of Time to File Plaintiffs' Reply and/or Response to Cross Motion and Anne Arundel County's Reply
11/3/22 - PAPERLESS ORDER APPROVING re Request for Extension of Time to File Plaintiffs' Reply and/or Response to Cross Motion and Anne Arundel County's Reply.
11/14/22 - Reply Memorandum in Support of Defendant's Motion In Limine to Exclude Testimony of Plaintiffs' Expert Gary Kleck
11/14/22 - Memorandum of Plaintiffs in Opposition to Defendant’s Motion for Summary Judgment and Reply In Support Of Plaintiffs’ Motion For Summary Judgment
12/9/22 - Reply Memorandum in Support of Defendant’s Cross-Motion for Summary Judgment
3/22/23 - Memorandum Opinion
3/22/23 - Order Granting Denying Plaintiffs' Motion for Summary Judgement, Granting Defendant's Cross-Motion for Summary Judgment
3/26/23 - Plaintiffs' Notice of Appeal