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
Novotny v Moore (SB 1 "Gun Safety Act of 2023," Imposed carry prohibitions in Maryland). A partial win! Case currently pending in the Fourth Circuit on our appeal and the State's cross appeal. Oral argument tentatively scheduled for the second week of May, 2025.
Maryland Shall Issue Inc, et al. v. Montgomery County (Bill 21-22E, Carry prohibitions, ban on privately made firearms, employer requirements) A Win! Case pending in the Appellate Court of Maryland on the County's appeal. Partial reversal and remanded but the Appellate Court retained jurisdiction and left injunction in place. Plaintiffs have filed a petition for certiorari with the Maryland Supreme Court on the aspect actually decided by the Appellate Court. County will file a cross-petition on Feb. 18, 2025.
Hulbert v Pope (1st Amendment, Unlawful Arrest) (still pending)
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Past
Maryland Shall Issue Inc, et al. v Hogan (Challenge to the Handgun Qualification requirement. Certiorari Denied by Supreme Court)
Maryland Shall Issue Inc, et al. v. Anne Arundel County (Firearms Dealers Requirements) (case dismissed as moot after County repealed the offending ordinance because of this lawsuit)
Call v Jones III (Carry Permits) - Dismissed as moot. The "good and substantial reason" requirement for permit issuance was found unconstitutional in NYSRPA v. Bruen and the State of Maryland officially stopped enforcing it on 7/5/22.
Maryland Shall Issue Inc, et al. v. Anne Arundel County (State Law Pre-Emption, Firearms Dealers Requirements) - Dismissed as moot. MSI's suit forced the County to pass an ordinance that suspended enforcement of Bill 109-21, the ordinance at issue. Certiorari denied by the Supreme Court.
In the Matter of Edward Whalen - (Good and Substantial Reason) - Dismissed as moot. Denial of permit reversed in light of Bruen. See Petitioner's Motion for Summary Reversal HERE. Notice of Supplemental Authorities HERE. Case is became moot with the SCT's decision in Bruen.
Maryland Shall Issue v Hogan (2018 SB707, "Rapid Fire Trigger Activator" 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) - Dismissed
Kolbe v Hogan ("Assault Weapons," Magazine Capacity Restrictions of Firearm Safety Act of 2013) - Fourth Circuit upheld MD's weapons and magazine bans. Cert Denied by US Supreme Court. Precedent vacated by US Supreme Court GVR of Bianchi v. Frosh to the Fourth Circuit in light of NYSRPA v. Bruen. Same issue is currently pending (as of 01/13/2025) in the Supreme Court as Snope v. Moore
John Doe, et al vs Marcus L Brown, et al (Maryland State Police mishandling of personal data) - Voluntarily dismissed. MSI's suit compelled the Maryland State Police to secure firearms owners' personal information as required by state law.
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
McCutchen et al., v. United States of America (2022) - Supreme Court of the United States Case# 22-25
AMICUS BRIEF OF MARYLAND SHALL ISSUE, INC. IN SUPPORT OF PETITIONERS
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 precisely 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 Appellate Court of Maryland's 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
In the Matter of William Rounds, No. 1533 (Md. App. 2022) - The Appellate Court of Maryland applies Bruen to hold that Md. Public Safety § 5-306(a)(6)(ii), the "good and substantial reason" requirement for issuance of a permit, is unconstitutional under the 2nd Amendment of the United States Constitution.
Cochran v. State, No 777 (Md. App. 2023)
Reininger v. Butler, 1:23-cv-01183, District Court, D. Maryland (Current) - Suit filed against the Federal Bureau of Investigation and Maryland State Police for denials of firearms purchases to those with expunged records.
