Maryland Shall Issue v. Moore

Defending Maryland’s licensing requirements for handgun purchases.

Court: District of Maryland; Fourth Circuit

Issue at Stake: Background checks; Licensing/registration

Summary: Everytown filed an amicus brief in the United States District Court for the District of Maryland in defense of Maryland’s Handgun Qualification License, which requires applicants to pass a background check and complete in-person firearms training before obtaining a handgun. The lawsuit—filed by a gun-rights group–alleged that these requirements, in addition to the associated fee and minimal administrative delays, violated their Second Amendment rights. 

Everytown’s brief details the lengthy history of background check requirements as well as over 150 years of laws imposing taxes and fees on the purchase or possession of firearms. In light of this regulatory tradition, Everytown’s brief explains that such licensing requirements are beyond the scope of the Second Amendment’s reach and are therefore constitutional. Everytown filed a similar brief in support of a prior motion for summary judgment.

Decision: On August 12, 2021, the district court issued its opinion upholding all aspects of the Handgun Qualification License. In reaching this decision, the court found that the background check and training requirements were reasonably adapted to serve the state’s overwhelming interest in protecting public safety, and that the time and expense associated with obtaining a license were reasonable.

The case was argued before the Fourth Circuit, sitting en banc, on March 21, 2024.

Case Documents