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/

Litigation is never cheap or easy so we rely on YOUR support in order to defend your rights. Don't be a free-rider --  donate to MSI or join us today.

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
5/26/22 - Order - Hearing signed as Order of Court regarding Case continued to July 11, 2022 at 9 am
6/21/22 - Anne Arundel County Council Introduces Bill 70-22
6/24/22 - ORDERED that the Motion for Clarification is DENIED AS MOOT
6/25/22 - Plaintiffs' Supplemental Memorandum On Mootness
6/25/22 - Defendant's Draft of Proposed Amendments to Bill 109-21 as submitted by County Counsel on May 24, 2022
6/25/22 - Defendant's Supporting Exhibit Bill 70-22, as submitted on June 21, 2022 to County Council
7/6/22 - Defendant's Motion / Request - To Continue / Postpone
7/6/22 - Plaintiffs' Opposition To Defendant's Motion For A Continuance Of The July 11, 2022, Hearing
7/8/22 - Defendant's Memorandum of Law Regarding Mootness
7/8/22 - ORDERED that the Defendant's Motion to Postpone Motions Hearing is hereby GRANTED; The Motions hearing will be held on August 4, 2022 at 9:00 am.
7/14/22 - Plaintiffs' Submission of Supplemental Authorities
7/18/22 - Anne Arundel County Council Passes Bill 70-22, suspending enforcement of Bill 109's provisions
8/4/22 - Motions Hearing Held
8/4/22 - Case Ordered Dismissed as Moot

 

 

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Latest News

Montgomery County Bill 21-22E is in Effect

It is now practically impossible for anyone other than active police officers and security guards to lawfully carry a firearm for personal defense in public within Montgomery County.


UPDATE 12/7/22:
MSI has moved for a Temporary Restraining Order and Preliminary Injunction against aspects of Bill 21-22E.
 
On 11/28/2022, Montgomery County Executive Marc Elrich signed Bill 21-22E into law. The Bill goes into effect immediately. The Bill has now banned the possession, transport, sale or transfer of any firearm in countless locations across Maryland's most populous county. It is now legally very risky to carry a firearm in Montgomery County with a wear and carry permit. Bill 21-22E repealed the prior exemption for permit holders and then imposes its bans on a long list of locations, including within 100 yards of such locations.  It is simply impossible, as a practical matter, to possess and transport a firearm in the County in public with a wear and carry permit in compliance with the County's gun laws. That is because it is nearly impossible to move around the County without entering one or more of the many 100-yard exclusion zones enacted by Bill 21-22E. 

MSI Bill Tracker - 2023 Maryland General Assembly Regular Session

2023 Gun Bill Tracker Graphic

This tracker follows legislation and lawmakers in the Maryland General Assembly. It serves as an easily searchable gun and self-defense-related bill database for supporters of the right to keep and bear arms.

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Key:
Red ❌= Oppose
Green ✅= Support
Light Green ✅= Support with Amendment
Blue ℹ️= Informational Testimony Only (provides knowledge for the committee on the bill without taking a position)
Gray = Position Pending or None Taken

HOW TO TESTIFY
MSI Guide - Tips For Your Testimony in the Maryland General Assembly

To Sign-up to testify, you MUST make a MyMGA Account!
DO SO HERE


Find your representatives HERE
Committee Contacts can be found HERE

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