MARYLAND SHALL ISSUE, INC. v. HOGAN

No. 19-1469.

971 F.3d 199 (2020)

MARYLAND SHALL ISSUE, INCORPORATED; Atlantic Guns, Incorporated; Deborah Kay Miller; Susan Brancato Vizas, Plaintiffs-Appellants, and Ana Sliveira; Christine Bunch, Plaintiffs, v. Lawrence HOGAN, in his capacity as Governor of Maryland; William M. Pallozzi, in his capacity as Superintendent, Maryland State Police, Defendants-Appellees. National Rifle Association; Maryland State Rifle and Pistol Association, Incorporated; National Shooting Sports Foundation, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 3, 2020.

Amended: August 31, 2020.


Attorney(s) appearing for the Case

ARGUED: Mark William Pennak , LAW OFFICES OF MARK W. PENNAK, Chevy Chase, Maryland; John Parker Sweeney , BRADLEY ARANT BOULT CUMMINGS LLP, Washington, D.C., for Appellants. Robert A. Scott , OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. ON BRIEF: Cary J. Hansel , Baltimore, Maryland, for Appellants. Brian E. Frosh , Attorney General, Jennifer L. Katz , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. T. Sky Woodward , James W. Porter, III , Marc A. Nardone , BRADLEY ARANT BOULT CUMMINGS LLP, Washington, D.C., for Appellant Atlantic Guns, Inc. David H. Thompson , Peter A. Patterson , Brian W. Barnes , John D. Ohlendorf , COOPER & KIRK, PLLC, Washington, D.C., for Amici National Rifle Association of America, Inc. and Maryland State Rifle & Pistol Association, Inc. Craig A. Livingston , LIVINGSTON LAW FIRM, P.C., Walnut Creek, California; Jerome Bennett Crites, III , SHUMAKER LOOP & KENDRICK LLP, Charleston, South Carolina; Lawrence G. Keane , General Counsel, THE NATIONAL SHOOTING SPORTS FOUNDATION, INC., Newtown, Connecticut, for Amicus The National Shooting Sports Foundation, Inc.

Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge Agee wrote the opinion, in which Judge Keenan and Judge Richardson joined.


Maryland Shall Issue, Inc. ("MSI"); Deborah Kay Miller and Susan Vizas; and Atlantic Guns, Inc. ("Atlantic Guns")1 brought suit against Lawrence Hogan in his capacity as Governor of Maryland and William M. Pallozzi in his capacity as Superintendent of the Maryland State Police (collectively "State...

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