Gun Case Tracker

This tracker features briefs, orders, and statuses of important gun-related litigation from around the country, including MSI's.
Generously provided and maintained by Rob Romano at 2Aupdates and Firearms Policy Coalition.

Maryland Shall Issue, Inc. Litigation
Current
Maryland Shall Issue Inc, et al. v. Anne Arundel County (1st Amendment, Firearms Dealers Requirements) - United States District Court for the District Court of Maryland Case# 1:22-cv-00865
Maryland Shall Issue Inc, et al. v. Anne Arundel County (Pre-Emption, Firearms Dealers Requirements) - Circuit Court for Anne Arundel County, MD Case# C-02-CV-22-000217
Maryland Shall Issue Inc et al. v. Montgomery County (Pre-Emption, Privately-made firearms, Carry Prohibitions) - Circuit Court for Montgomery County, MD Case# 485899-V
In the Matter of Edward Whalen, No. C-03-CV-21-000853 (Balt. Co Cir.Ct) - Challenging applicant's denial of a permit for lack of "good and substantial reason." This case had been held in abeyance by Baltimore County Circuit Court pending the outcome in Bruen. See the newly filed Petitioner's Motion for Summary Reversal HERE. Notice of Supplemental Authorities HERE.
Call v Jones III (Carry Permits) - United States Court of Appeals for the Fourth Circuit Case# 21-1334
Hulbert v Pope (1st Amendment, Unlawful Arrest) - United States District Court of Appeals for the Fourth Circuit Case# 21-1608
Maryland Shall Issue Inc, et al. v Hogan (Handgun Qualification License) - United States Court of Appeals for the Fourth Circuit Case# 21-2017

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Past
Maryland Shall Issue v Hogan (2018 SB707, RFTA takings) - Fourth Circuit upheld MD's takings of personally held property (bump stocks, binary triggers, etc...) without just compensation - Cert Denied by US Supreme Court
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

MSI Amicus Filings
District of Columbia v. Heller (2008) - Supreme Court of the United States Case# 07-290
AMICUS BRIEF OF GUN OWNERS OF AMERICA, ET AL. IN SUPPORT OF RESPONDENT
McDonald v. City of Chicago (2010) - Supreme Court of the United States Case# 08-1521
AMICUS BRIEF OF GUN OWNERS OF AMERICA, ET AL. IN SUPPORT OF PETITIONERS
Holloway v Rosen (2021) - 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 (2021) - 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
New York State Rifle and Pistol Association v. Bruen (2022) - Supreme Court of the United States Case# 20-843
AMICUS BRIEF OF SECOND AMENDMENT FOUNDATION, ET AL. IN SUPPORT OF PETITIONERS AND REVERSAL

Non-MSI Cases of Interest in Maryland

Snowden v. Handgun Permit Review Board, 413 A.2d 295, 45 Md.App. 464 (Md. App. 1980) - Upholding a reading of "good and substantial reason" to mean that the applicant bears the burden of demonstrating specifically why they need to carry a handgun more than their personal anxiety or say-so
Scherr v. Handgun Permit Review Board, 163 Md.App. 417, 880 A.2d 1137 (Md. App. 2005) - Re-affirming the Court of Special Appeals' prior holdings in Snowden, and additionally rejecting 2nd Amendment arguments in support of the right to keep and bear arms
Williams v. State, 417 Md. 479, 10 A.3d 1167 (Md. 2011) - Holding that regulations on carrying firearms outside the home are "outside of the scope of the Second Amendment, as articulated in Heller and McDonald"
Woollard v. Gallagher, 712 F.3d 865 (4th Cir. 2013) - US Court of Appeals for the Fourth Circuit upheld MD's "good and substantial reason" requirement for wear and carry permit eligibility, Cert Denied by US Supreme Court
Lawrence v. State, 475 Md. 384, 257 A.3d 588 (Md. 2021) (Prohibition on wear, carry, transport of handguns - Mens Rea) - Maryland Court of Appeals rules that a violation of Md. Criminal Law § 4-203(a)(1)(i) is a strict liability crime

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.

"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.

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