MARYLAND SHALL ISSUE, INC. v. ANNE ARUNDEL COUNTY

No. 23-1351.

91 F.4th 238 (2024)

MARYLAND SHALL ISSUE, INC.; Field Traders LLC; Cindy's Hot Shots, Inc.; Pasadena Arms, LLC; Worth-A-Shot, Inc., Plaintiffs-Appellants, v. ANNE ARUNDEL COUNTY MARYLAND, Defendant-Appellee. State of Maryland; Matthew Miller; Deborah Azrael; Brady Center To Prevent Gun Violence; Marylanders To Prevent Gun Violence, Incorporated; Tim Carey; Kelly Roskam; Constitutional Accountability Center; American Medical Association; Medchi; Maryland State Medical Society; American Academy of Pediatrics; American Academy of Pediatrics, Maryland Chapter; Maryland Psychiatric Society; Washington Psychiatric Society; Dorothy Paugh; Gwendolyn La Croix; Cheryl Brooks; Patti Brockington; Gun Owners for Safety; Don Baughan, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 23, 2024.


Attorney(s) appearing for the Case

ARGUED: Mark William Pennak, LAW OFFICES OF MARK W. PENNAK, Chevy Chase, Maryland, for Appellants. William Ernest Havemann, HOGAN LOVELLS US LLP, Washington, D.C., for Appellee. ON BRIEF: Gregory J. Swain, County Attorney, Hamilton F. Tyler, Deputy County Attorney, Tamal A. Banton, Senior Assistant County Attorney, ANNE ARUNDEL COUNTY OFFICE OF LAW, Annapolis, Maryland; Neal Kumar Katyal, Simon Chin, HOGAN LOVELLS US LLP, Washington, D.C.; Eric Tirschwell, James Miller, Nina Sudarsan, EVERYTOWN LAW, New York, New York, for Appellee. Elizabeth B. Wydra, Brianne J. Gorod, J. Alexandra Rowell, CONSTITUTIONAL CENTER, Washington, D.C., for Amicus Constitutional Accountability Center. Anthony G. Brown, Attorney General, Robert A. Scott, Assistant Attorney General, Ryan R. Dietrich, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Amicus State of Maryland. Jim Davy, ALL RISE TRIAL & APPELLATE, Philadelphia, Pennsylvania, for Amicus Gun Owners for Safety. Paul Brzyski, Washington, D.C., Michael J. Dell, Aaron M. Jacobs, KRAMER LEVIN NAFTALIS & FRANKEL LLP, New York, New York, for Amici American Medical Association; MedChi; The Maryland State Medical Society; American Academy of Pediatrics, Maryland Chapter; American Academy of Pediatrics; The Maryland Psychiatric Society; and Washington Psychiatric Society. Bradley S. Lui, Kerry C. Jones, MORRISON & FOERSTER LLP, Washington, D.C., for Amici Matthew Miller and Deborah Azrael. Arthur Luk, Roberta L. Horton, Hannah R. Leibson, ARNOLD PORTER KAYE SCHOLER LLP, Washington, D.C., for Amici The Brady Center to Prevent Gun Violence, Marylanders to Prevent Gun Violence, Tim Carey, and Kelly Roskam. Andrew R. Dunlap, Vivek V. Tata, T. Liam Murphy, Emma C. Holland, SELENDY GAY ELSBERG PLLC, New York, New York, for Amici Dorothy Paugh, Gwendolyn La Croix, Cheryl Brooks, Don Baughan, and Patti Brockington.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Gregory and Judge Heytens joined.


Deaths by suicide have increased nationally over recent years, and now roughly 48,000 people die annually from suicide. And over 50% of those suicides were committed with firearms, roughly twice the number committed with the second most common means used, according to the Centers for Disease Control and Prevention.

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