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

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MSI has filed an amended complaint against Montgomery County's enforcement Bill 21-22E, a 'response' bill to NYSRPA v. Bruen. You can read more on this latest phase of our case against the County here: https://bit.ly/3VgQWaD
 
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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.
Further filings can be found below.

MSI had testified before the Council last winter that Bill 4-21 was a bad idea on many fronts. The Council nonetheless insisted on making criminals of law-abiding people. The County was undeterred by the many Maryland state laws and precedent from the Court of Appeals (Maryland's highest Court) that make clear that localities lack the power to enact new gun laws like Bill 4-21. 

MSI will not stand idly by while State or local officials pursue ideological legal vendettas against MSI members and the public. But 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.


Stay tuned for further updates.


Case Documents and History
Circuit Court for Montgomery County, MD Case# 485899V
5/28/21 - Complaint
6/16/21 - Emergency Motion for Partial Summary Judgment
6/16/21 - Memorandum in Support of Emergency Motion for Partial Summary Judgment
7/13/21 - Defendant's Notice of Removal to Federal U.S. District Court, Filed. Case Closed.
7/15/21 - Hearing on motion for Partial Summary Judgment scheduled (Cancelled - Case removed to Federal Ct.).

US District Court for the District of Maryland Case# 8:21-cv-01736-TDC
7/12/21 - NOTICE OF REMOVAL from Circuit Court for Montgomery County, Maryland, case number 485899V
7/13/21 - Standing Order Concerning Removal Notice of Removal
7/13/21 - Defendant's Response re Standing Order Concerning Removal
7/19/21 - Defendant's Notice of Intent to file Cross-Motion for Summary Judgment and Motion to Dismiss
7/21/21 - Plaintiffs' Notice of Intent to file Motion to Sever and Remand State Law Claims and To Hold Federal Vagueness Claim in Abeyance Pending a Resolution of the State Law Claims
7/23/21 - Plaintiffs' Notice of Intent to Submit the Motion for Partial Summary Judgment on Counts I, II, and IV and Notice of Intent to File Motion Seeking Sanctions Under Rule 11, FRCP, for the County’s Wrongful Delay Tactics and Willful Failure To Comply With Local Rule 103 5. b).
8/4/21 - Plaintiffs’ Motion to Sever and to Remand All State Law Claims Removed by the Defendant and to Hold in Abeyance the Sole Remaining Federal Claim Until Completion of the State Court Proceedings
8/18/21 - Defendant's Opposition to Plaintiffs' Motion to Sever and Remand to State Court
8/22/21 - Plaintiffs’ Corrected Reply In Support Of Plaintiffs’ Motion To Sever And To Remand
2/7/22 - Memorandum Opinion
2/7/22 - ORDER granting in part and denying in part Motion to Remand to State Court

Full Federal District Court docket available HERE

Circuit Court for Montgomery County, MD Case# 485899V
2/18/22 - Case transferred from United States District Court
2/18/22 - Order remanding case back to Montgomery County Circuit Court
2/22/22 - Defendant's Motion to Dismiss or, alternatively for Summary Judgment
2/22/22 - Memorandum In Support of Defendant's Motion to Dismiss/Summary Judgment
2/22/22 - Defendant's Motion to Exceed page limitation
2/22/22 - Plaintiffs' Motion for Partial Summary Judgment
2/22/22 - Plaintiffs' Motion to Exceed page limitation
2/22/22 - Defendant's Opposition to Plaintiffs' Motion for Partial Summary Judgment
2/24/22 - Transfer of original record from United States District Court
3/7/22 - Plaintiffs’ Opposition to Defendant’s Motion For Summary Judgment and Motion to Dismiss
4/14/22 - Plaintiffs’ Supplemental Memorandum Regarding Enactment of Senate Bill 387 and House Bill 425 Into Law and Motion for Expedited Hearing and Decision
4/14/22 - Plaintiffs' Proposed Order on Motion to Expedite
4/20/22 - Notice of Hearing Date - Scheduled for May 23, 2022, at 10am Remotely
5/12/22 - Defendant's Reply To Plaintiffs’ Supplemental Memorandum Regarding Enactment Of Senate Bill 387 And House Bill 425 Into Law
5/16/22 - Plaintiffs’ Motion To Exceed Page Limitation On Memorandum In Response To Defendant’s Submission Concerning HB 425 And SB 387
5/16/22 - Plaintiffs’ Memorandum In Response To Defendant’s Submission Concerning HB 425 And SB 387
5/16/22 - Written Testimony Of Mark W. Pennak, President, MSI, In Opposition To HB 425 And SB 387 (Exh. A)
5/20/22 - Plaintiffs' Renewed Motion for Summary Judgment
7/10/22 - Plaintiffs’ Submission Of Supplemental Authorities
7/19/22 - Hearing held
7/19/22 - Court Takes Under Advisement
7/22/22 - Plaintiffs' First Amended Complaint
7/27/22 - ORDER Dismissing Defendant's Motion to Dismiss, or Alternatively, for Summary Judgment and Plaintiffs' Renewed Motion for Summary Judgment as Moot

United States District Court for the District of Maryland Case# 8:22-cv-01967

8/8/22 - NOTICE OF REMOVAL from Circuit Court for Montgomery County, Maryland, case number 485899V
8/8/22 - Defendant's MOTION to Consolidate Cases Defendants Partial Consent Motion to Consolidate and Remand Counts I, II, and III
8/9/22 - RESPONSE in Opposition to MOTION to Consolidate Cases Defendants Partial Consent Motion to Consolidate and Remand Counts I, II, and III

Full Federal District Court docket available HERE

US District Court for the District of Maryland Case# 8:21-cv-01736-TDC

8/8/22 - Defendant's MOTION to Consolidate Cases Defendants Partial Consent Motion to Consolidate and Remand Counts I, II, and III
8/8/22 - Defendant's Supplement to Motion to Consolidate and Remand
8/8/22 - Joint Status Report 2
8/9/22 - Plaintiffs' RESPONSE in Opposition to MOTION to Consolidate Cases Defendants Partial Consent Motion to Consolidate and Remand Counts I, II, and III
8/11/22 - Corrected Plaintiffs’ Opposition to Defendant’s Motion to Remand Counts I, II & III to State Court and Opposition to Defendant’s Motion to Hold the Federal Claims in Abeyance
8/11/22 - Order Denying Partial Consent Motion to Consolidate and to Remand
8/12/22 - Plaintiffs' Notice of Intent to Motion for Partial Summary Judgment
8/15/22 - Defendant's Correspondence re: Notice of Intent to File Motion to Consolidate and Remand
8/16/22 - Plaintiffs’ Opposition to Defendant’s Motion for an Indefinite Extension of Time to Respond To Plaintiffs’ First Amended Complaint
8/24/22 - Notice of Conference
8/26/22 - Case Management Conference Held
8/26/22 - Consent Motion to Consolidate Cases
8/29/22 - Briefing Order
9/9/22 - Defendant's Motion to Remand Counts I, II, and III and Stay Counts IV and V
9/23/22 - Plaintiffs’ Opposition To Defendant’s Motion to Remand Counts I, II & III to State Court and Hold the Federal Claims in Abeyance
9/23/22 - Exhibit A to Opposition to Def's Motion to Remand
9/30/22 - Defendant's Reply to Response to Remand to State Court Counts I, II and III and Stay Counts IV and V

11/15/22 - Montgomery County Council Passes 'Bruen response' bill, Bill 21-22E, amending Montgomery County Code Chapter 57
11/28/22 - County Executive Marc Elrich Signs Bill 21-22E, which became effective immediately

11/29/22 - Plaintiffs' Second Amended Complaint
11/29/22 - Plaintiffs' Notice of Intent to Submit a Motion for a TRO and Preliminary Injunction
12/6/22 - Pre-motion conference on Plaintiffs' request to file a Motion for a TRO and Preliminary Injunction
12/6/22 - Corrected Plaintiffs' Emergency Motion for a Temporary Restraining Order and Emergency Motion for a Preliminary Injunction
12/6/22 - Memorandum in Support of Plaintiffs’ Emergency Motion for a Temporary Restraining Order and Emergency Motion for a Preliminary Injunction
12/6/22 - Plaintiffs' Proposed Order
12/6/22 - Plaintiffs' Alternative Proposed Order

Full Federal District Court docket available HERE

 

 

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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.

Share this tracker anywhere! tinyurl.com/guntracker
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