Gun Groups Sue State of Maryland Over Handgun Carry Ban – AmmoLand Shooting Sports News

Gun rights organizations have filed a federal lawsuit challenging Maryland Over Handgun Carry Ban. (Dave Workman)

U.S.A. -(AmmoLand.com)- Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF), Citizens Committee for the Right to Keep and Bear Arms (CCRKBA), and Maryland Shall Issue (MSI) announced the filing of a new federal Second Amendment lawsuit that seeks to restore the right to bear arms by making it possible for law-abiding individuals to carry a loaded handgun on their person in public for self-defense in the state of Maryland. The case, Call, et al. v. Jones, can be found at FPCLegal.org.

The plaintiffs are represented by attorneys Nicole Moss, David Thompson, and Peter Patterson of Cooper & Kirk, Raymond DiGuiseppe of The DiGuiseppe Law Firm, and FPC Director of Legal Strategy Adam Kraut.

The State of Marylands laws make it a crime for a law-abiding person to carry a loaded handgun outside of the home unless they have been issued a permit to carry a handgun. Further, State law prevents individuals from obtaining a license because of further unconstitutional requirements, such as the good and substantial reason requirement, among others. Just like in the Bennett and Greco cases recently filed by FPC, challenging New Jerseys and New York Citys respective bans, Marylands law amounts to a total ban on carry for the average law-abiding person. And consistent with other FPC and SAF cases, the plaintiffs argue here that the Supreme Courts precedents take that policy choice off the table.

The Second Amendment protects both the right to keep a firearm in the home and the right to carry a firearm for protection outside the home, explained Pete Patterson of Cooper & Kirk. Yet, the State of Maryland prohibits typical, law-abiding citizens from lawfully carrying firearms for self-defense outside of the home. This ban on carrying firearms is flatly unconstitutional, and we are bringing this suit to overturn contrary precedent in the Fourth Circuit and to secure the Second Amendment rights of the law-abiding citizens of Maryland.

The State of Marylands laws act as a complete bar to the average citizen from being able to carry a firearm for self-defense, stated Ray DiGuiseppe. Like several other states that have similar subjective provisions which function as an impossible threshold, Marylands good and substantial reason cannot pass constitutional muster. This suit seeks to place all of Marylands citizens on equal footing when it comes to the ability to exercise their natural right to self-defense outside of the home.

Marylands laws, such as its good and substantial reason requirement, destroy the right to bear arms in public, and by so doing, violate the Second and Fourteenth Amendments, explained FPCs Adam Kraut. As the Supreme Court has already held, the enumeration of the right in our Constitution takes that policy choice off the table. Maryland, like all states, must respect the fundamental, individual right to keep and bear arms and allow law-abiding people to carry loaded, operable arms in public for all lawful purposes.

Anti-gun Maryland officials have been using this dodge for years, said SAF founder and Executive Vice President Alan M. Gottlieb. By setting this arbitrary standard, state bureaucrats have been routinely denying Maryland citizens their right to bear arms. The state cannot be allowed to continue this discriminatory practice because it essentially gives public officials the power to deny someones fundamental, constitutionally-protected rights on a whim.

On behalf of our members, Maryland Shall Issue, Inc. is proud to announce that weve partnered with the Firearms Policy Coalition, the Second Amendment Foundation, and Citizens Committee for the Right to Keep and Bear Arms in bringing a new legal challenge to Marylands unconstitutional wear and carry permit requirements, said Maryland Shall Issue President Mark Pennak. The good and substantial reason requirement for issuance of a permit imposed by Maryland law has long been used to effectively disqualify the vast majority of law-abiding Marylanders of their right to carry a handgun for the lawful purpose of self-defense. The time has come to end Marylands subjective and discriminatory law and regulations. The people of Maryland have a fundamental right to protect themselves in public.

The right to bear arms is not a second-class right nor a mere privilege that only some lucky people are granted by the government on a case-by-case basis, said FPC President and FPF Chairman Brandon Combs. It is constitutionally and morally offensive for the Maryland government to criminalize the exercise of this fundamental human right. The Constitution itself provides the only justification necessary for law-abiding adults to exercise their fundamental, individual right to bear arms in public. FPC will proudly fight to restore the full scope of the Second Amendment in the Old Line State and throughout the nation in this and other cases.

Recently, Firearms Policy Coalition has filed several major federal Second Amendment lawsuits, including challenges to New Jerseys carry ban (Bennett v. Davis), New York Citys carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and Californias Handgun Ban and Roster laws (Renna v. Becerra). FPC also has an upcoming trial in its lawsuit challenging Californias assault weapons ban (Miller v. Becerra).To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPCs website or follow FPC on Instagram, Twitter, Facebook, YouTube.

FPC is urgently seeking individual and FFL plaintiffs for a number of lawsuits that are being prepared to challenge laws and policies that infringe on fundamental rights, including (but not limited to):

If someone you know meets the criteria above, or if you would be interested in participating in litigation as a supporting FFL, please contact us:

If you would like to support FPCs Call case and many other pro-Second Amendment lawsuits, legal action, and research, please chip in $5, $10, $25, or whatever you can at https://www.firearmspolicy.org/donate or Join the FPC Grassroots Army at JoinFPC.org.

About Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPCs mission is to protect and defend constitutional rightsespecially the right to keep and bear armsadvance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, other programs. FPC Law is the nations largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.

About Firearms Policy Foundation

Firearms Policy Foundation (firearmsfoundation.org) is a 501(c)3 grassroots nonprofit organization. FPFs mission is to defend the Constitution of the United States and the Peoples rights, privileges, and immunities deeply rooted in this Nations history and tradition, especially the inalienable, fundamental, and individual right to keep and bear arms, through research, education, legal action, and other charitable programs.

Read more from the original source:
Gun Groups Sue State of Maryland Over Handgun Carry Ban - AmmoLand Shooting Sports News