Maryland Shall Issue Inc et al. v. Anne Arundel County, MD - Bill 109-21

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Maryland Shall Issue, along with four dealers, Field Traders, Cindy's Hot Shots, Pasadena Arms, and Worth-A-Shot, have filed a suit in State court against Anne Arundel County, Maryland challenging the enactment of Bill 109-21. This ordinance targets firearms dealers by imposing onerous and vague security requirements as a condition on doing business within the County. The ordinance also imposes harsh fines and other penalties against firearms dealers not in compliance. Whether a dealer is in compliance is determined at the whim and caprice of the police.

In multiple counts, the suit alleges that the ordinance is an impermissible "general law" under the State Constitution and is inconsistent with and preempted by multiple State statutes. The suit also attacks the vague requirements as a violation of the Due Process Clause of the Maryland Constitution. The Plaintiffs are seeking declaratory judgment and an injunction against the enforcement of the ordinance. Citizens have a Second Amendment right to acquire firearms and dealers have the ancillary Second Amendment right to sell them. The Anne Arundel ordinance would drive up dealer costs and hamper the exercise of both those rights. Read the Amended Complaint HERE

In the hearing prior to the passage of the bill, one of the Council Members pointed out that the Bill was going beyond what state law allows. His concerns were dismissed. So too was testimony and feedback provided by dealers who were contacted by members of the Council.  The bill passed by a vote of 4-3. 

We are pleased that these dealers have decided to fight this ordinance. It is never easy for any small business to fight City Hall and these dealers are to be congratulated for their willingness to do so.  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
Circuit Court for Anne Arundel County, MD Case# C-02-CV-22-000217
2/7/22 - Complaint / Petition
2/8/22 - Summons Issued
2/9/22 - Affidavit - Service
2/11/22 - Scheduling Order
2/11/22 - Order - Mediation
2/11/22 - Amended Complaint / Petition
3/1/22 - Defendant's Consent Motion to Extend Time to Respond to Amended Complaint
3/4/22 - Order - Defendant's Motion to Extend Time is GRANTED.
3/21/22 - Defendant's Memorandum Of Law In Support Of Defendant’s Motion To Dismiss Or Alternatively For Summary Judgment
3/21/22 - Defendant's Motion To Dismiss Or Alternatively, For Summary Judgment
4/4/22 - Opposition Of Plaintiffs To Defendant’s Motion To Dismiss And For Summary Judgment And Memorandum In Support Of Plaintiff’s Motion For Summary Judgment And Alternative Motion For A Preliminary Injunction
4/4/22 - Plaintiffs’ Motion For Summary Judgment And Alternative Motion For A Preliminary Injunction
4/4/22 - Plaintiffs’ Motion For Expedited Hearing and Decision
4/28/22 - Supplemental Memo Re: House Bill 1021
4/28/22 - Order Granting Motion for Expedited Hearing and Decision
5/6/22 - Scheduling Order Setting Hearing on Preliminary Injunction for 8/29/2022 at 1:30p
5/10/22 - Plaintiffs' Motion for Emergency Hearing and for Clarification
5/17/22 - Plaintiffs' Notice of Supplemental Authorities
5/17/22 - Directive on May 24th Hearing
5/24/22 - Hearing Held
5/24/22 - Anne Arundel County's Proposed Amendments to Bill 109-21
7/11/22 - Hearing Scheduled

 

Latest News

Maryland Shall Issue


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.

For everything on how to apply for a Maryland Wear and Carry permit, check out our in-depth guide HERE.

We are pleased and gratified that Maryland's "good and substantial reason" requirement will no longer be enforced. MSI has pushed for that result for as long as it has existed and the Supreme Court has now confirmed that carry outside the home by responsible, law-abiding citizens is a fundamental constitutional right. At last, Marylanders will be treated like people in other "shall issue" jurisdictions, like the residents of 43 other States and the District of Columbia.

Read more ...

"Good and Substantial Reason" is Unconstitutional

 

6/24/2022

On June 23, 2022, the United States Supreme Court issued its decision 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 in public. That decision is directly applicable to Maryland's "good and substantial reason" requirement for the issuance of Maryland carry permits. MD Code, Public Safety, 5-306(b)(6)(ii). As Bruen now holds, the Maryland State Police (MSP) 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 beyond their homes 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 federal court challenge to the "good and substantial reason" requirement. 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 Bruen. Now that Bruen has been decided, that case will proceed. Indeed, the Fourth Circuit has just issued an order setting a briefing schedule in that appeal.
Read more ...

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